15-1640 Repealing and Replacing MCC Section 3-1-2 Regarding FBI National Criminal History ChecksCITY OF MERIDIAN ORDINANCE NO. — Adn
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA
AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 3-1-2,
REGARDING AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS
CHECKS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to ordinance, the City of Meridian requires fingerprinting of applicants or
licensees as a condition of issuing certain City licenses, and is therefore authorized by Idaho Code section
67-3008 to submit fingerprints to the Idaho State Police ("ISP")'s Bureau of Criminal Identification for
examination, and pursuant to Idaho Code section 67-3008 and Public Law 92-544 to further submit
fingerprints, if necessary, through ISP, to the Federal Bureau of Investigation for examination;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1. That Title 3, Chapter 1, Section 2, Meridian City Code, shall be repealed, and replaced
with language to read as follows:
3-1-2: AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS:
A. Determine suitability of applicant. In order to determine an applicant's suitability for the
following licenses, the City Clerk, and/or City Clerk's designee, shall require the applicant to, and
the applicant shall, furnish to the Idaho State Police a full set of fingerprints:
1. Mobile sales unit license;
2. Pawnbroker license;
3. Pawnbroker license with precious metal endorsement; and
4. Precious metal dealer license.
The City Clerk and/or designee shall have the Idaho State Police or the Federal Bureau of
Investigation perform a criminal background investigation.
B. Applicant consent required. The City Clerk, and/or City Clerk's designee, shall obtain the
written consent of the applicant for the criminal background investigation and if the applicant does
not execute the consent, the application shall be denied.
C. Authorization of FBI National Criminal History Records Checks. The City Clerk, and/or City
Clerk's designee, shall require an applicant for a City license to provide information and
fingerprints necessary to obtain criminal history information from the Idaho State Police and the
Federal Bureau of Investigation. Pursuant to section 67-3008, Idaho Code, and congressional
enactment Public Law 92-544, the City Clerk and/or City Clerk's designee, may require the
applicant to submit a set of fingerprints for a City license and the required fees to the Idaho State
Police, Bureau of Criminal Identification, for a criminal records check of state and national
databases. The submission of fingerprints and information required by this section shall be on
forms prescribed by the Idaho State Police. The Meridian Police Department is authorized to
receive criminal history information from the Idaho State Police and from the Federal Bureau of
Investigation for the purpose of evaluating the fitness of applicants for City license, and the
Meridian Police Department shall recommend approval and/or denial of the application based on
AUTHORIZATION OFFBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE 1 OF 2
this information and relay that recommendation to the City Clerk's Office. As required by state
and federal law, further dissemination or other use of the criminal history information is
prohibited.
D. No amendment without FBI approval. This section shall not be amended without prior written
approval from the Federal Bureau of Investigation.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective immediately upon its passage and publication.
PASSED by the City Council of the City of Meridian, Idaho, on April 7, 2015.
APPROVED by the Mayor of the City of Meridian, Idaho, April 7
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AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE 2 OF 2