HomeMy WebLinkAboutCC Resolution 14518 (Cannabis Application Background Check)RESOLUTION NO. 14518
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING ACCESS TO STATE
AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR LICENSING
OR CERTIFICATION PURPOSES IN ORDER TO IMPLEMENT SAN RAFAEL MUNICIPAL
CODE CHAPTER 10.96 PERTAINING TO COMMERCIAL CANNABIS BUSINESSES
WHEREAS, California Penal Code Sections 11105(b) and 13300(b)(11) authorize cities to
access state and local summary criminal history 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 Investigations; 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) require the city council, to specifically authorize
access to summary criminal history information for employment, licensing, or certification
purposes.
NOW THEREFORE, BE IT RESOLVED, that the City of San Rafael are hereby authorized to
access state and federal level summary criminal history information for employment, licensing of
prospective licensees or certification purposes and may not disseminate the information to a
private entity.
I, LINDSAY LARA, City Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
City Council held on the 18th day of June 2018, by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, McCullough & Vice-Mayor Gamblin
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Colin & Mayor Phillips
____________________________
Lindsay Lara, City Clerk