HomeMy WebLinkAbout4022 Ordinance ORDINANCE NO.. qQ 2-7--
AN ORDINANCE of the City of Pasco, Washington, creating
Section 3.07.075 "State and Federal Background Investigation Criminal History
Check"; and Section 5.08,045 "State and Federal Background Investigation
Criminal History Check"; amending Section 5.08.060 "Investigation-Character
and Business Responsibility"; creating Section 5.12.018 "Criminal History
Check"; amending Section 5.16A.040 "Investigation and Determination";
amending Section 5.25.040 "Dance Halls"; amending Section 5.25.050 "Public
Dance"; amending Section 5.27.160 "Applicant Investigation-Adult
Entertainment Facility"; amending Section 5.27.170 "Applicant Investigation-
Manager Wait Person and Entertainer"; and amending Section 5.45.110 "Driver's
Permit-Requirements."
WHEREAS, recent law contained in RCW 35A.21.370 provides for State and Federal
criminal background checks of license applicants and licensees of occupations under local
licensing authority when said authority establishes an ordinance or ordinances requiring such
consistent with 28 CFR § 20.33(3); and
WHEREAS, the City has previously by Ordinance required criminal background checks
of applicants for dance halls, public dances, and for-hire driver permits; and
WHEREAS, City staff has recommended to Council that criminal background checks be
authorized for certain other license applications and occupations; and
WHEREAS, Council having reviewed this matter, determined that performing criminal
background checks for certain license applicants and occupations is in the best interest of the
citizens of the City of Pasco to provide for the health, welfare, morals, and governance of the
people; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Section 3,07.075 entitled "State and Federal Background
Investigation Criminal History Check" of the Pasco Municipal Code shall be and hereby is
created and shall read as follows:
Criminal History Check Ordinance
Page 1
3.07.075 STATE AND FEDERAL BACKGROUND INVESTIGATION CRIMINAL
HISTORY CHECK.
Fee/Charge Reference
A) Criminal History Check $30.00 5.08.060
5.12.018
5.16A.040
5.25.040
5.25-050
5.27.160
5.27.170
5.45.110
Section 2. That a new Section 5.08.045 entitled "State and Federal Background
Investigation Criminal History Check" of the Pasco Municipal Code shall be and hereby is
created and shall read as follows:
5.08,045 STATE AND FEDERAL BACKGROUND INVESTIGATION
CRIMINAL HISTORY CHECK.
A) Pursuant to PMC 5.08.060, 5.12.018, 5,16A.040, 5.25,040, 5.25.050, 5.27.160,
5.27.170 and 5.45.110, certain licenses require satisfactory completion of a State and Federal
background investigation to include a criminal history check performed in accordance with RCW
35A.21.370 and 28 CFR § 20.33(3).
B) Applicants for licenses requiring a criminal history check shall submit fingerprints
to the City which will submit the fingerprints to the Washington State Patrol and the Federal
Bureau of Investigation.
C) In addition to any fee required by PMC 3.07.075, the applicant shall submit
appropriate fees as required by the Washington State Patrol and the Federal Bureau of
Investigation. Once the results of the Washington State Patrol and the Federal Bureau of
Investigation check are returned to the City, the information will be promptly reviewed and the
license application processed.
D) In the event the applicant is an entity and not an individual, the City may require
criminal history checks be performed for any officers, agents, employees, or owners of the entity
seeking the license.
E) If the applicant is a private individual or entity, the City shall render a fitness
determination based upon the results of the criminal history check and communicate its fitness
determination to such private individual or entity. If an applicant is a public entity, the City
shall:
I Render a fitness determination based upon the results of the criminal
history check and communicate its fitness determination to the public entity; or
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2) Disseminate the results of the criminal history check to the public entity
for a fitness determination.
F) In rendering a fitness determination, the City shall decide whether the applicant
has been convicted of or is under pending indictment for:
1) A crime which bears upon the applicant's ability or fitness to serve in that
capacity; or
2) Any felony or a misdemeanor which involved force or threat of force,
controlled substances, or was a sex-related offense.
G) An applicant may request and receive a copy of the applicant's criminal history
record information from the City.
Section 3. That Section 5.08.060 entitled "Investigation — Character and Business
Responsibility" of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
5.08.060 INVESTIGATION AND CRIMINAL HISTORY CHECK —
CHARACTER AND BUSINESS RESPONSIBILITY. The original copy of the application shall
be referred to the Chief of Police, who shall promptly make an investigation of the applicant's
character and business responsibility. Criminal history checks shall be performed in accordance
with PMC 5.08.045. If the applicant's character or business responsibility is found to be
unsatisfactory, the Chief of Police shall endorse on such application his disapproval and the
reason therefore and return the application to the City Clerk. The City Clerk shall notify the
applicant that his application is disapproved and that no license will be issued. If the Chief of
Police finds that the applicant's character and business responsibility are satisfactory, he shall
endorse his approval on the application and return it to the City Clerk, who shall, upon payment
of the license fee and the filing of bond as provided for in this chapter, issue the license. (Prior
code Sec. 3-8.24.)
Section 4. That a new Section 5.12.018 entitled "Criminal History Check" of the
Pasco Municipal Code shall be and hereby is created and shall read as follows:
5.12.018 CRIMINAL HISTORY CHECK. For each applicant for a license under
this Chapter,the City shall perform a criminal history check in accordance with PMC 5.08.045.
Section 5. That Section 5.16A.040 entitled "Investigation and Determination" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
5.16A.040 INVESTIGATION AND DETERMINATION. Upon receipt of such
application, the City Clerk shall cause such investigation of such persons or persons business
responsibility to be made as is deemed necessary for protection of the public good and shall refer
the application to the Community Development and Fire Department for determination as to
compliance with applicable codes. Criminal history checks shall be performed in accordance
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with PMC 5.08.045. An application shall be denied by the City Clerk upon written findings that
the applicant's business responsibility is unsatisfactory or that the proposed business activity will
violate any applicable law, rule or regulation. Otherwise, upon submittal of the required
application and information and following collection of fees and receipt of approvals from
applicable City departments, the Health District (if applicable) and the Department of Labor and
Industries, the City Clerk shall issue the license. (Ord. 2850 Sec. 1, 1991.)
Section 6. That Section 5.25.040 entitled "Dance Halls" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
5,25.040 DANCE HALLS. In addition to the application as required in Section
5.25.030 above, the applicant for Dance Hall operation shall submit:
A) A statement that the premises are in compliance with all City laws, including but
not limited to building, zoning, planning and fire codes, together with attached documentation of
an inspection of the premises conducted not more than sixty (60) days prior to the date of
application.
B) A statement that the applicant will, in the conduct and operation of the Dance
Hall, comply with all City laws, including, but not limited to the Noise Control Ordinance.
Q A security plan identifying the method and qualification for providing one (1)
security officer for each one hundred (100)persons upon the premises.
D) Description of other food, beverage, or services provided on the premises with
copies of necessary permits and licenses.
E) A statement identifying the individual entity liable for the collection and payment
of the City admission tax.
F) A signed release a4lewing the Git�, of Pasee to eenduet a er-ifninal histef�, of the
applieafA, eaeh pfineipal, effieef, of ether- persen dealing ;Y�rith the publie in the eefidtlet ef the
Danee Wall. (Ord. 3524 Sec. 4, 2001.)
F) The City shall perform a criminal history check in accordance with PMC 5.08.045
for all applicants seeking a pen-nit under this Chapter.
Section 7. That Section 5.25.050 entitled "Public Dance" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
5.25.050 PUBLIC DANCE. Any public dance, other than those conducted on the
premises of a dance hall, and in addition to the application provided in Section 5.25.030 above,
shall:
A) Identify the date and time of the conduct of the public dance. A Permit shall be
required for each date and time the public dance is to be conducted and shall only be good for the
place, date and time specified in the Permit.
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B) A security plan identifying the method and qualification for providing one (1)
security officer for each one hundred (100)persons upon the premises.
C) Description of other licensed food, beverage, or services provided on the
premises.
D) A statement identifying the individual liable for the collection and payment of the
City admission tax.
F-) A signed release a4lewing the City of Pasee to eenduet a er-iminal histel--y of
applieeat, eaeb pr-ineipal, offieer-, er- ether- per-sen dealing vMh the public. in the eefiduet of t
Publife Ranee-;(Ord. 3524 Sec. 4, 2001.)
F) The Ci!y shall perform a criminal history check in accordance with PMC 5.08.045
for all applicants seeking a permit under this Chapter,
Section 8. That Section 5,27.160 entitled "Applicant Investigation — Adult
Entertainment Facility" of the Pasco Municipal Court shall be and hereby is amended and shall
read as follows:
5.27.160 APPLICANT INVESTIGATION - ADULT ENTERTAINMENT
FACILITY.
A) Upon filing of an application for an adult entertainment facility business license,
the City Manager shall forward copies of the application for review by the Police Chief, the City
Planner, and Building Inspector; and
1) Within thirty (30) days of the date of the application for an adult
entertainment facility business license, the Police Chief shall investigate the statements
set forth in the application and report to the City Manager whether the information
received by the Police Chief confirms the information in the application.
2) Within thirty (30) days of the date of an application for an adult
entertainment facility business license, the City Planner shall inspect the proposed
premises of the adult entertainment facility and report to the City Manager whether the
location of the proposed adult entertainment facility complies with the zoning regulations
of the Pasco Municipal Code.
3) Within thirty (30) days of the date of the application for an adult
entertainment facility business license, the Building Inspector shall inspect the proposed
premises of the adult entertainment facility and report to the City Manager whether the
premises complies with the fire, safety and building code regulations of the Pasco
Municipal Code.
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4) Within thirty (30) days of the date of the application for an adult
entertainment facility business license, the City Planner and Building Inspector shall
inspect the interior layout, lighting, signage, and other features of the premises and report
to the City Manager whether the premises complies with the provisions of this Chapter.
B) The City shall perform a criminal history check in accordance with PMC 5.08.045
for all applicants seeking a license under this Chapter. (Ord. 3262 Sec. 3, 1997.)
Section 9. That Section 5.27.170 entitled "Applicant Investigation — Manager Wait
Person and Entertainer" of the Pasco Municipal Code shall be and hereby is amended and shall
read as follows:
5.27.170 APPLICANT INVESTIGATION - MANAGER, WAIT PERSON AND
ENTERTAINER. Upon filing of an application for an adult entertainer's license, adult
waitperson's license or adult entertainment facility manager's license, the City Manager shall
forward copies of the application to the Police Chief. Within three (3) working days of the date
of the application, the Police Chief shall investigate the statements set forth in the application
and report to the City Manager whether the information received by the Police Chief confirms
the information in the application. Additionally, the Cit y shall perform a criminal history check
in accordance with PMC 5.08.045 for all applicants seeking a license under this Chapter. (Ord.
3262 Sec. 3, 1997.)
Section 10. That Section 5.45.110 entitled "Driver's Permit — Requirements" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
5.45.110 DRIVER'S PERMIT - REQUIREMENTS. Before a Driver's Permit shall
be issued, the applicant shall submit to and / or supply the following to the Pasco Police
Department:
A) To being fingerprinted for a non-refundable fee as set forth in Chapter 3.07 of this
code;
B) Photographed annually for a non-refundable fee as set forth in Chapter 3.07 of
this code;
C) Driver's check;
D) Criminal history check—annually for a one time non-refundable fee as set forth in
Chapter 3.07 and such fees as may be established
by the Washington State Patrol and the Federal Bureau of Investigation. Criminal histog checks
performed under this section shall be in accordance with PMC 5.08.045;
E) Health Department TB test results on an annual basis; and
F) Outstanding warrants check.
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The Chief of Police shall notify the City Clerk with the approval or disapproval of the
applicant's qualifications. (Ord. 3938, 2009; Ord. 3858, 2008; Ord. 3335 Sec. 2, 1998.)
Section 11. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of e City of Pasco, Washington, and approved as
provided by law this_ day of_ � y,-2011.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
, City Clerk J ) Leland B. Kerr, City Attorney
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