[HISTORY: Adopted 4-28-2014 Annual Town Meeting, Art. 59. Amendments noted where applicable.]
In order to protect the health, safety, and welfare of the inhabitants of the Town of Northborough, and as authorized by MGL C. 6, § 172B1/2, the town shall require:
A. 
Applicants for a license listed in Section 2-56-020 to submit to fingerprinting by the Northborough police department;
B. 
The police department to arrange for the conduct of fingerprint-based criminal record background checks; and
C. 
The town to consider the results of such background checks in determining whether to grant such a license.
The town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), as may be applicable, to conduct on the behalf of the town and its police department fingerprint-based state and national criminal history records checks, including FBI records, consistent with this bylaw. The town authorizes the police department to receive and utilize state and FBI records in connection with such background checks, consistent with this bylaw. The town shall not disseminate criminal record information received from the state or FBI to unauthorized persons or entities.
Any applicant for a license to engage in any of the following occupational activities shall have a full set of fingerprints taken by the police department for the purpose of conducting a state and national fingerprint-based criminal history records check:
A. 
Manager of premises licensed for alcoholic beverage sales;
B. 
Hawkers, peddlers, and solicitors/canvassers;
C. 
Ice cream truck vendor.
The police department will forward the full set of fingerprints obtained pursuant to this chapter either electronically or manually to the State Identification Section of the Massachusetts State Police.
The police department shall provide the applicant with a copy of the results of his or her fingerprint-based criminal background check and supply the applicant with an opportunity to complete, or challenge the accuracy of, the information contained in it, including the state and FBI identification record. Any applicant that wishes to challenge the accuracy or completeness of the record shall be advised that the procedures to change, correct, or update the record are set forth in 28 CFR 16.34 and any applicable DCJIS policy.
The police department shall communicate the results of the fingerprint-based criminal history records check to the applicable town licensing authority (the "licensing authority"). The police department shall, in addition, render to the licensing authority its evaluation of the applicant’s suitability for the proposed occupational activity based on the results of the criminal records background check and any other relevant information known to it. In rendering its evaluation, the police department shall indicate whether the applicant has been convicted of, or under pending indictment for, a crime that bears upon his or her suitability for the proposed occupational activity, or any felony or misdemeanor that involved force or threat of force, controlled substances, or a sex-related offense.
The licensing authority shall utilize the results of any fingerprint-based criminal records background check performed pursuant to this chapter for the sole purpose of determining the applicant’s suitability for the proposed occupational activity. The licensing authority may deny an application for any license specified herein, including renewals and transfers thereof, if it determines that the results of the fingerprint-based criminal records background check render the applicant unsuitable for the proposed occupational activity.
No application shall be denied on the basis of information contained in a criminal record until the applicant has been afforded a reasonable time, as determined by the licensing authority, to correct or complete the information, or has declined to do so.
The police department, subject to the approval of the board of selectmen, will develop and maintain written policies and procedures for its licensing-related criminal record background check system.
Each applicant for a license listed in Section 2-56-020 shall pay a fee of $100 for the background check. A portion of said fee, as specified by MGL C. 6, § 172B1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder shall be retained by the town for costs associated with the administration of the system. This fee is in addition to any other fee associated with the license application.