02-956 City Code Background Check Ordnc CITY OF MERIDIAN
ORDINANCE NO. 02- ~
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 3-1-6 TO
DELETE AND CHANGE LANGUAGE IN SUBSECTIONS 3-1-6A AND B., AND TO
ENACT A NEW SUBSECTION 3-1-6D TO BE KNOWN AS AUTHORIZATION OF FBI
NATIONAL CRIMINAL HISTORY RECORD CHECKS; AND TO ENACT A NEW
SECTION 3-1-8 TO BE KNOWN AS APPEAL FROM DENIAL OF LICENSE;
REPEALING ANY ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF
IN CONFLICT HEREWITH ARE HEREBY REPEALED, RESCINDED AND
ANNULLED; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
TIlE CITY OF MERIDIAN, ADA COUNTY; IDAHO:
SECTION 1: That Section 3-1-6A of the Meridian City Code be, and the same is
hereby amended to read as follows:
3-1-6:
A.
INVESTIGATION OF APPLICANT; REQUIREMENTS:
Determine Suitability Of Applicant: In Order to determine an applicant's
suitability for a license relating to the following activities:
2.
3.
4.
5.
6.
7.
8.
City alcohol licenses and permits,
Vendors, peddlers and solicitors,
Precious metals dealers,
Pawnbrokers,
Escort business operators and employees,
Private security service operators and employees,
Massage parlor employees, owners and operators.
Adult Entertainment (Title 3, Chapter 10~ Meridian City Code).
CITY CLERK CRIMINAL HISTORY CHECK
AND FBI NATIONAL CRIMINAL HISTORY CHECK
ORDINANCE
PAGE 1 OF 4
the City shall require the applicant to, and the applicant shall, furnish to
the Idaho Department of Law Enforcement a full set of fingerprints. The
City Clerk shall have the Idaho Department of Law Enforcement or the
Federal Bureau of Investigation perform, a criminal background
investigation. (Ord. 744, 9-17-1996; amd. 1999 Code)
SECTION 2: That Section 3-1-6B of the Meridian City Code be, and the same is
hereby amended to read as follows:
3-1-6: INVESTIGATION OF APPLICANT; REQUIREMENTS:
Bo
Background Investigation; Consent Required: The Police Department
City Clerk 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. The Police Department
Applicant shall submit the completed fingerprint card to the Idaho
Department of Law Enforcement. The Idaho Department of Law
Enforcement is authorized to submit the fingerprints to the FBI for a
national criminal history record check.
SECTION 3: That Section 3-1-6, of the Meridian City Code be, and the same is
hereby amended to enact a new subsection 3-1-6D to read as follows:
3-1-6: INVESTIGATION OF APPLICANT; REQUIREMENTS:
Do
Authorization Of FBI National Criminal History Record 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, shall 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 a City license, and the Meridian Police Department shall
recommend approval and/or denial of the application based on 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.
CITY CLERK CRIMINAL HISTORY CHECK
AND FBI NATIONAL CRIMINAL HISTORY CHECK
ORDINANCE
PAGE 2 OF 4
SECTION 4: That a new Section 3-1-8, of the Meridian City Code be, shall be
enacted to read as follows:
3-1-8 APPEAL FROM DENIAL OF LICENSE:
The following shall apply to any license issued pursuant to Title 3 of the Meridian
City Code:
Time Limit For Appeal: Within five (5)days, excluding weekends and
legal holidays, from refusal of the City Clerk to issue or renew a license
under this Chapter, the applicant for a license may appeal to the City
Council for the purpose of having the City Council review the action of
the City Clerk.
Bo
Appeal in Writing: The appeal by the licensee or the applicant whose
license has been refused must be in writing and shall set forth the reason
why such license should not be refused.
Co
Hearing Before Council: The City Council shall hear the appeal within
thirty (30) days, excluding weekends and legal holidays, after the filing
thereof, and shall render its decision within twenty (20) days, excluding
weekends and legal holidays, after said hearing. The decision of the
majority of the City Council may be appealed to the Fourth Judicial
District Court pursuant to the Idaho Administrative Procedures Actt. (Ord.
463, 3-3-1986)
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 6: VALIDITY: The Meridian City Council hereby
declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it
would have passed all other portions of this Ordinance independent of the elimination herefrom
of any portion as may be declared invalid.
SECTION 7: SAVINGS CLAUSE: This Ordinance does not
affect an action or proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 8: DATE OF EFFECT: This Ordinance shall be in full
force and effect after its passage, approval and publication, according to law.
1. I.C. title 67, chapter 52.
CITY CLERK CRIMINAL HISTORY CHECK
AND FBI NATIONAL CRIMINAL HISTORY CHECK
ORDINANCE
PAGE 3 OF 4
PASSED BY THE CITY CO~C~ THE CITY OF MERIDIAN, IDAHO, this
~4'- day of ,2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ,~-4- day
of c.7"~ ,2002.
ATTEST:
..-
First Reading:
Adopted a~er first reading by ~spe~p of ~e ~.as ~owed pursuant to
Idaho Code 50-902 Yes:
Second Reading:
Third Reading:
;eal the
.,am_mm_me..
(SEAL)
:t
STATE OF IDAHO,)
: SS.
County of Ada. )
On this ~$~day of ~(3q~ ,2002, before me, the undersigned, a
Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal day and year first above written.
NOTARY PUBLIC FOR IDAHO
RESIDING AT: At:~X,~a-~ ~
MY COMMISSION EXPIRES: zt/Y-q.R'-O%'~
Z:\Work\M\MeridianWleridian 15360M\Ordinances City Hall\2002 ORD\CityClerkCriminalBackgroundCheckOrd..doc
CITY CLERK CRIMINAL HISTORY CHECK
AND FBI NATIONAL CRIMINAL HISTORY CHECK
ORDINANCE
PAGE 4 OF 4