City Council
MEETING DATE: 4/13/2016
TITLE:
Title
Resolution Authorizing Access to Criminal History Information for Medical Cannabis Business Applicants
End
FROM:
Eric S. Vail, City Attorney
Nicholas E. Hermsen, Deputy City Attorney
RECOMMENDATION:
Recommendation
Staff recommends the City Council adopt a resolution authorizing access to criminal history information for medical cannabis business applicants.
Body
BACKGROUND:
The City’s new medical cannabis business entitlement application process requires applicants to undergo background checks. Persons required to undergo such background checks include “any person that is an Owner of the Applicant, any person who is managing or is otherwise responsible for the activities of the Medical Cannabis Business, and any officer or director.” Persons required to undergo background checks are collectively referred to as “Applicants” in this staff report.
As part of the background checks, the Police Department intends to process the fingerprints of all Applicants through the State’s criminal database. These fingerprints are taken and submitted to the State electronically, a process known as “Live Scan.” The State has now notified the Police Department that a resolution is required in order to process Live Scans, the City must enact a resolution expressly authorizing Live Scans.
DISCUSSION:
The proposed resolution was substantially copied from a sample resolution received from the State. It would authorize the City to receive criminal history summary information, and would prohibit the City from disclosing the information to private entities.
FISCAL IMPACT:
None
ATTACHMENTS:
Proposed Resolution