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Home My WebLink About1118 ORDINANCE N0.1118 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 1, CHAPTER 1 AND TITLE 3, CHAPTERS 10, 16,AND 21 OF THE LAKEVILLE CITY CODE CONCERNING LICENSING BACKGROUND CHECKS FOR SEXUALLY ORIENTED BUSINESSES AND MASSAGE BUSINESSES THE CITY COLTNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1-7-6-1-B of the Lakeville City Code is hereby amended to add the language as follows: B. Criminal History License Background Investigations: The police department is hereby authorized, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for city permits, licenses, and other approvals. In conducting the criminal history background investigation in order to screen license applicants, the police department is authorized to access data maintained in the Minnesota bureau of criminal apprehensions computerized criminal history information system in accordance with BCA policy_and any other state or national criminal background data accessible pursuant to applicable law. Any data that is accessed and acquired shall be maintained at the police department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the computerized criminal history data may be released by the police department to the licensing authority, including the city council, the city administrator, or other city staff involved in the license approval process. Before the investigation is undertaken, the applicant must authorize the police department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minnesota statutes chapter 13 regarding the collection, maintenance and use of the information and Minnesota Statutes, Section 299C.77, as applicable. Except for the positions set forth in Minnesota statutes section 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant's request on this basis, the city shall notify the applicant in writing of the following: 1. The grounds and reasons for the denial. 2. The applicant complaint and grievance procedure set forth in Minnesota statutes section 364.06. 3. The earliest date the applicant may reapply for the license. 4. That all competent evidence of rehabilitation will be considered upon reapplication. (Ord. 878, 4-18-2011) 237573v4 SECTION 2. Section 3-10-4-C-3 of the Lakeville City Code is hereby amended to add the language as follows: 3. A set of classifiable fingerprints and criminal history records check consent form for a state and national criminal history background check, together with any fees required for the fingerprinting and criminal history records check. SECTION 3. Section 3-10-5-B of the Lakeville City Code is hereby amended to add the language as follows: B. Approval Of License: Within thirty (30) days after the receipt of a completed application and completed fingerprint background check, the city administrator shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The city administrator shall approve the issuance of a license unless one or more of the following is found to be true: 1. An applicant is under eighteen (18)years of age. 2. An applicant is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business. 3. An applicant has failed to provide information required under section 3-10-4 of this chapter or which is necessary for issuance of the license or has falsely answered a question or request for information on the application form. 4. An applicant has been convicted of a violation of a provision of this chapter within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. 5. The premises to be used for the sexually oriented business has not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances. 6. Any license fee required by this chapter has not been paid, including the license investigation fee. 7. An applicant or the proposed establishment is in violation of or is not in compliance with this chapter. 8. An applicant has been convicted of a crime: a. Involving any of the following offenses: (1) Prostitution as described in Minnesota statutes section 609.321; (2) Solicitation, inducement of promotion of prostitution as described in Minnesota statutes section 609.322; (3) Receiving profit derived from prostitution as described in Minnesota statutes section 609.323; 237573v4 (4) Other prohibited acts relating to prostitution as described in Minnesota statutes section 609.324; (5) Obscenity as described in Minnesota statutes section 617.241; (6) Sale, dissemination, distribution, display or exhibition of harmful materials to minors as described in Minnesota statutes sections 617.293 and 617.294; (7) Sexual performance by a child as described in Minnesota statutes section 617.246; (8) Dissemination or possession of child pornography as described in Minnesota statutes section 617.247; (9) Indecent exposure as described in Minnesota statutes section 617.23; (10) Criminal sexual conduct as described in Minnesota statutes sections 609.342, 609.343, 609.344, and 609.345; (11) Incest as described in Minnesota statutes section 609.365; or (12) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses: b. For which: (1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (2) Less than three(3) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a gross misdemeanor offense; SECTION 4. Section 3-16-4-B of the Lakeville City Code is hereby amended to add the following language: 8. A set of classifiable fingerprints and a criminal history records check consent form for a state and national criminal history background check, together with any fees required for the fingerprinting and criminal history records check. SECTION 5. Section 3-21-4 of the L,akeville City Code is hereby amended to the language as follows: Application for a massage therapy center license shall be made on forms provided by the city clerk. The application shall contain: A. A description of the property to be used; B. The names and addresses of the owner, lessee, if any, and the operator or manager; 237573v4 C. The names, residences and addresses of two (2) persons, residents of Dakota County, who may be referred to as to the applicant's, the manager's or operator's character; D. Whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, information as to the time, place, and nature of such crime or offense; E. A set of classifiable fingerprints and a criminal history records check consent form for a state and national criminal history background check, together with any fees required for the fingerprinting and criminal history records check; and F. Such other information as the city clerk may require. If the application is made on behalf of a corporation or a partnership, it shall be accompanied by appropriate business records showing the names and addresses of all individuals having an interest in the business and, in the case of a corporation, the names and addresses of the officers and shareholders. Applicants shall furnish to the city with their application documents establishing the applicant's interest in the premises on which the business will be located. Documentation shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicant's interest. The application for license shall be signed and sworn to. If the application is by a natural person, it shall be signed and sworn to by such person; if by a partnership, by one of the partners; and if by an unincorporated association, by the manager or managing officer thereof. (Ord. 896, 11-19-2012) SECTION 6. Section 3-21-7-D of the Lakeville City Code is hereby amended to add the following language: D. Licenses shall be issued only to applicants who have provided all of the information requested in the application, have paid the full license fee and investigation fee and have cooperated with the city in review of the application, including cooperating in the background investigation process. SECTION 7. Effective Date. This ordinance shall be effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this 2nd day of February 2026. CITY OF LAKEVILLE BY: � John ermel, Acting Mayor 237573v4 ATTEST: Ann rlofsky, City Clerk 237573v4