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5.65.050 State and federal background investigation criminal history check.
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(1) Pursuant to PMC 5.20.160, 5.20.170, 5.35.070, 5.35.090, 5.35.100, 5.65.070, 5.80.040, and 5.110.060, 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).

(2) 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.

(3) In addition to any fee required by PMC 3.35.080, 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.

(4) In the event the applicant is an entity and not an individual, the City may require that criminal history checks be performed for any officers, agents, employees, or owners of the entity seeking the license.

(5) 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:

(a) Render a fitness determination based upon the results of the criminal history check and communicate its fitness determination to the public entity; or

(b) Disseminate the results of the criminal history check to the public entity for a fitness determination.

(6) In rendering a fitness determination, the City shall decide whether the applicant has been convicted of or is under pending indictment for:

(a) A crime which bears upon the applicant’s ability or fitness to serve in that capacity; or

(b) Any felony or a misdemeanor which involved force or threat of force, controlled substances, or was a sex-related offense.

(7) An applicant may request and receive a copy of the applicant’s criminal history record information from the City. [Ord. 4022, 2011; Code 1970 § 5.08.045.]

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