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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 Criminal History Check Ordinance Page 2 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 Criminal History Check Ordinance Page 3 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. Criminal History Check Ordinance Page 4 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. Criminal History Check Ordinance Page 5 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. Criminal History Check Ordinance Page 6 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 Criminal History Check Ordinance Page 7