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HomeMy WebLinkAbout2017-18 CC Reso - Authorizing State and Federal Criminal History for Dispensary Licensing RESOLUTION NO. 2017- 18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT AND LICENSING OF MARIJUANA DISPENSARY USE PERMITS WHEREAS, Penal Code Sections 11105(b)(11) and 1330(b)(11) authorize cities to access state and local summary criminal history information for employment, licensing or certification purposes; and WHEREAS, Penal Code Section 11105(b)(11) authorizes cities to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) requires the City Council to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City Council hereby authorizes accessing state and federal level summary criminal history information for employment(including volunteers and contract employees), licensing of Marijuana Dispensary Use Permits or certification for Marijuana applicants, his or her agent or employees, or any person who is exercising managerial authority on behalf of an applicant, for purposes of obtaining a Marijuana Dispensary Use Permit, and may not disseminate the information to a private entity. PASSED AND ADOPTED this 5th day of April, 2017, by the following roll call vote: AYES: Councilmembers Scalmanini, Crane, Mulheren, Doble, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None Jim Brown, Mayor L ATTEST: ^"et K istine Lawler, City Clerk