As used in this chapter, the following terms shall have the meaning ascribed below:
Crime of Violence.
In addition to subsection G of this section, "crime of violence" means any felony or misdemeanor conviction within 10 years of the date of the employer's request for any of the offenses specified in subdivision (c) of Section 667.5 of the Penal Code or a violation or attempted violation of Chapter 3 (commencing with Section 207), Chapter 8 (commencing with Section 236), or Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, provided that, no record of misdemeanor conviction shall be considered by the requester unless the subject of the request has a total of three or more misdemeanor or felony convictions defined in this chapter within the immediately preceding 10-year period.
Drug Crime.
In addition to subsection G of this section, "drug crime" means any crime described in the California Uniform Controlled Substances Act (Division 10, commencing with Section 11000 of the Health and Safety Code), provided that, no record of a misdemeanor conviction shall be considered by the requester unless the subject of the request has a total of three or more misdemeanor or felony convictions as defined in this chapter within the immediately preceding 10-year period.
Employer.
"Employer" means the City and any nonprofit corporation performing contractual services for the City (or other organizations specified by the attorney general) which employs or uses the services of employees or volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children.
"Particular criminal act" and "particular criminal acts"
means convictions for violating the fortunetelling ordinance of any City or County or conviction of California Penal Code Section 332.
Requester.
"Requester" means the City, its City Manager, designated Personnel Director, and any "employer" defined above.
Sex Crime.
In addition to subsection G of this section, "sex crime" means a conviction for a violation or attempted violation of Penal Code Sections 220, 261, 261.5, 264.1, 267, 272, 273a, 273d, 285, 286, 288, 288a, 289, 314, 647.6, or former Section 647a, or subdivision (d) of Section 647, or commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
Specified Criminal Act and Specified Criminal Acts.
The term "specified criminal act" shall also mean "specified criminal acts" and include convictions for sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, the distribution of obscenity; the distribution, display, or sale of material harmful to minors to such minors; prostitution; or pandering. "Specified criminal act" and "specified criminal acts" shall also have the meaning as set forth in Chapters 5.10, 5.12, 5.13 and 9.08 of this Code. "Specified criminal acts" do not include those acts the records of which are authorized or required to be kept confidential by Welfare and Institutions Code Sections 600 to 900.
Conviction
for a violation or attempted violation of an offense committed outside the State of California is a crime of violence, drug crime, sex crime, or specified criminal act if the offense would have been a crime or offense as defined in this chapter if such crime or offense was committed in California.
(Ord. 165 § 1, 2007)
A. 
1. 
Any applicant for employment or contractual services with the City shall be subject to a criminal background investigation. The investigation will be performed in order to determine the character and fitness of the person applying for employment or contracted services. The request shall consist of a request to the California State Department of Justice for records of all convictions.
2. 
Any applicant for employment, licensing, or as a volunteer with an employer as defined above in a human services field involving the care, security, or supervision of children, the elderly, the handicapped, or the mentally impaired shall be subject to a criminal background investigation. The investigation will be performed in order to determine the character and fitness of the applicant. The investigation shall consist of a request to the California State Department of Justice for records of all convictions, of any arrest for which the applicant was released on bail, or of any arrest for which the applicant was released on his or her own recognizance pending trial and the offense involved any crime of violence, drug crime, or sex crime. Only positions which involve supervisory or disciplinary power over a minor, the elderly, handicapped, or the mentally impaired under the applicant's care are subject to the provisions of this subsection.
B. 
Any request for criminal records shall include the applicant's fingerprints, which may be taken by the requester, and any other data required by the Department of Justice.
C. 
A copy of the information will be sent to the requester. All information obtained hereunder shall be confidential and used only for the purposes set forth herein. It shall be a misdemeanor for any person to release or use such information for any purpose not authorized herein.
(Ord. 165 § 1, 2007)
A. 
Whenever a person or persons apply for an escort service license or escort license in accordance with Chapter 5.08 of this Code, the City Manager shall cause a criminal background investigation to be conducted in accordance with the provisions of this chapter. Said criminal background investigation shall include a request of the State Department of Justice for a copy of State Summary Criminal History Information involving any specified criminal acts as defined herein and any disqualifying conduct as defined in Chapter 5.08 of this Code.
B. 
Whenever a person or persons apply for an adult-oriented business license in accordance with Chapter 5.10 of this Code, the City Manager shall cause a criminal background investigation to be conducted in accordance with the provisions of this chapter and Chapter 5.10 of this Code. Said criminal background investigation shall include a request of the State Department of Justice for a copy of the State Summary Criminal History Information involving any specified criminal acts as defined herein and as defined in Chapter 5.10 of this Code.
C. 
Whenever a person or persons apply for an adult-oriented live entertainer license in accordance with Chapter 5.12 of this Code, the City Manager shall cause a criminal background investigation to be conducted in accordance with the provisions of this chapter and Chapter 5.12 of this Code. Said criminal background investigation shall include a request of the State Department of Justice for a copy of the State Summary Criminal History Information involving any specified criminal acts as defined herein and as defined in Chapter 5.12 of this Code.
D. 
Whenever a person or persons apply for a figure model license in accordance with Chapter 5.13 of this Code, the City Manager shall cause a criminal background investigation to be conducted in accordance with the provisions of this chapter and Chapter 5.13 of this Code. Said criminal background investigation shall include a request of the State Department of Justice for a copy of the State Summary Criminal History Information involving any specified criminal acts as defined herein and as defined in Chapter 5.13 of this Code.
E. 
Whenever a person or persons apply for a massage establishment license in accordance with Chapter 5.07 of this Code, the City Manager shall cause a criminal background investigation to be conducted in accordance with the provisions of this chapter and Chapter 5.07 of this Code. Said criminal background investigation shall include a request of the State Department of Justice for a copy of the State Summary Criminal History Information involving any specified criminal acts as defined herein and as defined in Chapter 5.07 of this Code.
F. 
Whenever a person or persons apply for an adult use planning permit in accordance with Chapter 9.08 of this Code, the City Manager shall cause a criminal background investigation to be conducted in accordance with the provisions of this chapter and Chapter 9.08 of this Code. Said criminal background investigation shall include a request of the State Department of Justice for a copy of the State Summary Criminal History Information involving any specified criminal acts as defined herein and as defined in Chapter 9.08 of this Code.
G. 
A copy of the information will be sent to the requester. All information obtained hereunder shall be confidential and used only for the purposes set forth herein. It is unlawful and a misdemeanor for any person to release or use such information for any purpose not authorized herein.
H. 
Applicants for licenses subject to this section shall be required to pay the expedited processing fee set by the State Department of Justice in addition to the basic processing fee set by the State Department of Justice.
(Ord. 165 § 1, 2007; Ord. 282 § 1, 2016; Ord. 367, 2/6/2024)
The City or other requesting entity shall be authorized to charge the applicant a fee sufficient to reimburse the City or requester for Department of Justice charges to provide such information to the City or requesting entity and to cover the City or requesting entity's cost of processing the application, including the background investigation.
(Ord. 165 § 1, 2007)