§ 5.02.050. Permit—Criminal background check

A. The requirements of this section shall only apply to commercial solicitation.

B. Upon the request of an applicant for a permit required by section 5.02.030(A), the police department shall initiate a criminal history record background check of such applicant, including those persons acting on behalf of an employer or other person (as defined in section 5.02.020(E)). The background check shall include Livescan fingerprinting.

C. A criminal history record background check shall not be initiated pursuant to this article without the written consent of the person. The consent required under this section shall be in the manner and form prescribed by the police department and shall include, but not be limited to, the signature, name, address and fingerprints of the person.

D. The police department shall certify the results of the criminal history record background check to the City Clerk. The police department shall not certify an applicant who refuses to consent to or cooperate in the securing of a criminal history record background check.

E. A person whose criminal history record background check reveals a conviction for any criminal offense including, but not limited to, violent crimes, sexual assault, possession of controlled substances, theft, fraud or burglary shall be disqualified from receiving a permit to solicit within the City.

F. The police department is authorized to receive criminal history record information from any agency or department of the State of California or the United States government, including but not limited to the California Department of Justice and the Federal Bureau of Investigation, regarding applicants for permits to solicit within the City.

G. The City Clerk's office shall promptly notify a person whose criminal history record background check reveals a disqualifying criminal conviction, as specified in section 5.02.050(E) above.

(Ord. 2010-943, § 1, 2010)