Chino Hills Municipal Code Ch. 5.36 Criminal History Information

As used in this chapter, the following terms shall have the meaning ascribed below:

"Adult-oriented business" has the same meaning as set forth in Section 5.08.020 of this code.

"Adult-oriented business license" means that license required by Section 5.08.040 of this code.

"Adult-oriented business license applicant" means and includes any person applying for an adult-oriented business license and includes:

1. If the applicant is a corporation, the name of the corporation and its state of incorporation, the name and address of each of its officers, directors, and controlling stockholder owning no less than ten (10) percent of the stock in the corporation, as well as the name and address of anyone designated to be the on-site manager of the adult-oriented business;

2. If the applicant is a partnership, including a limited partnership, the name and address of all partners and anyone designated to be the on-site manager of the adult-oriented business;

3. If the applicant is some other form of business entity, such information as the City Manager shall deem necessary to identify ownership or control of the business and include anyone designated to be the on-site manager of the adult-oriented business.

"Adult-oriented live entertainer" and "adult-oriented live entertainer license" has the same meaning as set forth in Sections 5.12.010(B) and 5.12.020 of this code. Such terms shall also include any applicant for a license thereunder.

"Comicbook distribution or sales license" means that license required by Section 5.20.030 of this code.

"Crime of violence" means any felony or misdemeanor conviction within ten (10) years of the date of the employer's request for any of the offenses specified in subdivision (c) of Section 667.5 of the Penal Code or a violation or attempted violation of Chapter 3 (commencing with Section 207), Chapter 8 (commencing with Section 236), or Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, provided that, no record of misdemeanor conviction shall be considered by the requester unless the subject of the request has a total of three or more misdemeanor or felony convictions defined in this chapter within the immediately preceding ten (10) year period.

"Drug crime" means any crime described in the California Uniform Controlled Substances Act (Division 10, commencing with Section 11000 of the Health and Safety Code), provided that, no record of a misdemeanor conviction shall be considered by the requester unless the subject of the request has a total of three or more misdemeanor or felony convictions as defined in this chapter within the immediately preceding ten (10) year period.

"Employer" means the city and any nonprofit corporation performing contractual services for the city (or other organizations specified by the Attorney General) which employs or uses the services of employees or volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children.

"Escort license" means that license required by Section 5.20.020 of this code.

"Figure model license" means that license required by Section 5.16.020 of this code.

"Minor-oriented business license" means that license required by Section 5.32.030 of this code.

"Requester" means the city, its City Manager, Personnel Director, and any employer defined above.

"Sex crime" means a conviction for a violation or attempted violation of Penal Code Sections 220, 261, 261.5, 264.1, 267, 272, 273a, 273d, 285, 286, 288, 288a, 289, 314, 647.6, or former Section 647a, or subdivision (d) of Section 647, or commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.

"Specified criminal act(s)" means and includes sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, the distribution of obscenity; the distribution, display, or sale of material harmful to minors to such minors; prostitution; or pandering. Specified criminal act(s) shall also have the meaning as set forth in Sections 5.08.020, 5.12.040(A)(3) and 5.16.040(B) of this code. Specified criminal acts do not include those acts the records of which are authorized or required to be kept confidential by Welfare and Institutions Code Sections 600 to 900.

1. Conviction for a violation or attempted violation of an offense committed outside the state of California is a crime of violence, drug crime, sex crime, or specified criminal act if the offense would have been a crime or offense as defined in this chapter if such crime or offense was committed in California.

(Ord. 92-21 § 2 (part))

A. 1.

Any applicant for employment or contractual services with the city shall be subject to a criminal background investigation. The investigation will be performed in order to determine the character and fitness of the person applying for employment or contracted services. The request shall consist of a request to the California State Department of Justice for records of all convictions.

2. Any applicant for employment, licensing, or as a volunteer with an employer as defined above in an human services field involving the care and security of children, the elderly, the handicapped, or the mentally impaired shall be subject to a criminal background investigation. The investigation will be performed in order to determine the character and fitness of the applicant. The investigation shall consist of a request to the California State Department of Justice for records of all convictions, of any arrest for which the applicant was released on bail, or of any arrest for which the applicant was released on his or her own recognizance pending trial and the offense involved any crime of violence, drug crime, or sex crime. Only positions which involve supervisory or disciplinary power over a minor, the elderly, handicapped, or the mentally impaired under the applicant's care are subject to the provisions of this subsection (A)(2).

B. Any request for criminal records shall include the applicant's fingerprints, which may be taken by the requester, and any other data required by the Department of Justice.

C. A copy of the information will be sent to the requester and to the applicant. All information obtained hereunder shall be confidential and used only for the purposes set forth in this section. It shall be a misdemeanor for any person to release or use such information for any purpose not authorized in this section.

(Ord. 92-21 § 2 (part))

A. Whenever a person or persons apply for an adult-oriented business license in accordance with Chapter 5.08 of this code, for an adult-oriented live entertainer license in accordance with Chapter 5.12 of this code, for a figure model license in accordance with Chapter 5.16 of this code, for an escort license in accordance with Chapter 5.20 of this code, for a minor-oriented business license in accordance with Chapter 5.32 of this code, or for an adult-oriented conditional use permit the City Manager shall cause a criminal background investigation to be conducted in accordance with the provisions of Chapters 5.08, 5.12, 5.16, 5.20, and 5.32 of this code. Such criminal background investigation shall include a request of the State Department of Justice for a copy of State Summary Criminal History Information involving any specified criminal acts as defined in this chapter and in Chapters 5.08, 5.12, 5.16, 5.20, and 5.32 of this code.

B. A copy of the information will be sent to the requester and to the applicant. All information obtained hereunder shall be confidential and used only for the purposes set forth in this section. It is unlawful and a misdemeanor for any person to release or use such information for any purpose not authorized in this section.

(Ord. 92-21 § 2 (part))

The city or other requesting entity shall be authorized to charge the applicant a fee sufficient to reimburse the city or requester for Department of Justice charges to provide such information to the city or requesting entity.

(Ord. 92-21 § 2 (part))