[HISTORY: Adopted by the Town Meeting of the Town of Hopkinton 5-6-2013 ATM by Art. 42. Amendments noted where applicable.]
In order to protect the health, safety, and welfare of the inhabitants of the Town of Hopkinton, and as authorized by Chapter 6, Section 172B½ of the Massachusetts General Laws, this bylaw requires (a) applicants for a license listed in Section 87-2 to submit to fingerprinting by the Hopkinton Police Department, (b) the Police Department to arrange for the conduct of fingerprint-based criminal record background checks of such applicants, and (c) the Town to consider the results of such background checks in determining whether to grant such license.
The Town hereby 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 fingerprint-based state and national criminal history records checks, including FBI record checks, on behalf of the Town and its Police Department consistent with this Chapter. The Town hereby authorizes the Police Department to receive and utilize FBI records in connection with such background checks, consistent with this bylaw. The Town shall not disseminate criminal record information received from the 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:
Ice Cream Truck Vendor
The Police Department shall 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 their fingerprint-based criminal background check and supply the applicant with an opportunity to complete, or challenge the accuracy of, the information contained therein, including the FBI identification record. Any applicant who wishes to challenge the accuracy or completeness of the record shall be advised of the procedures to change, correct, or update the record as set forth in applicable federal regulations.
The Police Department shall communicate the results of fingerprint-based criminal history records check to the licensing authority, together with 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 is under pending indictment for, a crime that bears upon their 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 shall develop and maintain written policies and procedures for its licensing-related criminal record background check system.
Each applicant for a license listed in Section 87-2 shall pay a fee of $100. A portion of said fee, as specified by Chapter 6, Section 172B1/2 of the Massachusetts General Laws, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund established by Chapter 29, Section 2LLL of the Massachusetts General Laws, and the remainder shall be retained by the Town for costs associated with the administration of the system.