HomeMy WebLinkAbout03-19-2019 Item 13 - Livescan for Cannabis Applications Department Name: POLICE
Cost Center: 8001
For Agenda of: March 19, 2019
Placement: Consent
Estimated Time: N/A
FROM: Deanna Cantrell, Chief of Police
Prepared By: Brian Amoroso, Lieutenant
SUBJECT: DEPARTMENT OF JUSTICE LIVESCAN RESOLUTION
RECOMMENDATION
Adopt a Resolution authorizing the City to access state and federal summary criminal history
information for the issuance and monitoring of City of San Luis Obispo Cannabis Business
Licenses.
DISCUSSION
Following voter approval of Proposition 64 (the Adult Use of Marijuana Act), during the
November 2016 election, City staff engaged with the community to develop an ordinance
establishing standards and regulations for cannabis cultivation and permitted cannabis business
activities in the City. The ordinance was adopted by the City Council on May 15, 2018, which
established zoning (Title 17) and public peace, morals and welfare (Title 9) regulations for
commercial cannabis businesses and personal cultivation. Included under Chapter 9.10.250,
Security and Public Safety Measures is a section pertaining to background checks for
applicants which would include access to state and federal law summaries of criminal history
information as part of the process for issuance and monitoring of City Cannabis Business
Licenses.
On June 5, 2018, the City Council voted to support a tax measure to be submitted to the voters
during the General Municipal Election to be held on November 6, 2018. The voters approved
Measure F18 (the Cannabis Business Tax) on November 6 , 2018.
The Cannabis Ordinance (Municipal Code Chapter. 9.10 and Chapter 17.99) details policy and
procedures for Cannabis businesses operating in San Luis Obispo as well as the regulation and
enforcement of the industry. As a necessity to support a well-regulated cannabis industry and
as required by City ordinance, background investigations (including California Department of
Justice “LiveScan” investigations) on cannabis business principals and employees will be
conducted by the Police Department.
The California Department of Justice requires the City to have a Resolution adopted by City
Council to request LiveScan database searches (including access to state and federal law
summaries of criminal history) to be conducted specific to cannabis business principal
applicants and employees of the cannabis industry within the City.
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Policy Context
The Cannabis Ordinance is codified in Municipal Code Chapter. 9.10 and Chapter 17.99.
Public Engagement
This item is on the agenda for the March 19, 2019 City Council meeting and will follow all required
postings and notifications. The public may comment on this item at or before the meeting.
CONCURRENCE
The Police Department conducts LiveScan searches for the City. No other Department has the
equipment or authorization from the Department of Justice to perform these searches.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Funding Identified: N/A
Budget Year: FY 18/19
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no fiscal impact related to this request. The expenditure related to running the LiveScan
searches was included in the assessment of the permitting fees and will be recuperated from the fees
for services.
ALTERNATIVE
The Council could choose not to adopt a resolution for the Department of Justice LiveScan
searches, which would limit the Police Department’s ability to conduct a complete and thorough
background check.
Attachments:
a - Cannabis Livescan Resolution
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Item 13
RESOLUTION NO. (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE SAN
LUIS OBISPO POLICE DEPARTMENT TO ACCESS STATE
AND FEDERAL LEVEL SUMMARIES OF CRIMINAL HISTORY
INFORMATION FOR THE ISSUANCE AND MONITORING OF
CITY CANNABIS BUSINESS LICENSES
WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities,
counties, districts and joint powers authorities to access state and local summary criminal
history information for emp loyment, licensing or certification purposes; and
WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties, districts and
joint powers authorities 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) require the city
council to specifically authorize access to summary criminal history information for
emplo yment, licensing, or certification purposes.
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Item 13
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo, does hereby authorize the San Luis Obispo Police Department to access state and
federal level summary criminal history information of cannabis business owners (including
employees, contract employees and volunteers) for the issuance and monitoring of City
cannabis business licenses and may not disseminate the information to a private entity.
Upon motion of , seconded by , and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2019.
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, this ____ day of _____________, 2019.
Teresa Purrington
City Clerk
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