Stanton Municipal Code Ch. 2.74 Criminal History Information

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

Crime of violence.

In addition to subsection B of this section, "crime of violence" means any felony or misdemeanor conviction within ten 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-year period.

Drug crime.

In addition to subsection B of this section, "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-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.

"Requester"

means the city of Stanton, its city manager, designated personnel director, and any "employer" defined above.

Sex crime.

In addition to subsection 3 of this section, "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 and specified criminal acts.

The term "specified criminal act" shall also mean "specified criminal acts" and include convictions for sexual crimes against children; sexual abuse; rape; or crimes connected with another adultoriented 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" and "specified criminal acts" shall also have the meaning as set forth in Section 20.460.040 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.

B. 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. 799 § 21, 1998)

A. Whenever a person or persons apply for an escort service license or escort license in accordance with Chapter 5.50 of this code, the city manager or authorized designee thereof shall cause a criminal history review to be conducted in accordance with the provisions of this chapter. The criminal history review 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 any disqualifying conduct as defined in Chapter 5.50 of this code.

B. Whenever a person or persons apply for an adult-oriented business license in accordance with Chapter 5.54 of this code, the city manager or authorized designee thereof shall cause a criminal background investigation to be conducted in accordance with the provisions of this chapter and Chapter 5.54 of this code. The criminal background investigation shall include, but not be limited to, a request of the State Department of Justice for a copy of the state summary criminal history information involving any specified criminal acts as defined in this chapter and as defined in Chapter 5.54 of this code.

C. Whenever a person or persons apply for an adult-oriented live entertainer license in accordance with Chapter 5.58 of this code, the city manager or authorized designee thereof shall cause a criminal history review to be conducted in accordance with the provisions of this chapter and Chapter 5.58 of this code. The criminal history review shall include a request of the State Department of Justice for a copy of the state summary criminal history information involving any specified criminal acts as defined in this chapter and as defined in Chapter 5.58 of this code.

D. Whenever a person or persons apply for a figure model license in accordance with Chapter 5.62 of this code, the city manager or authorized designee thereof shall cause a criminal history review to be conducted in accordance with the provisions of this chapter and Chapter 5.62 of this code. The criminal history review shall include a request of the State Department of Justice for a copy of the state summary criminal history information involving any specified criminal acts as defined in this chapter and as defined in Chapter 5.62 of this code.

E. Whenever a person or persons apply for a massage establishment license, massage technician permit, or massage practitioner permit in accordance with Chapter 5.16 of this code, the city manager or authorized designee thereof shall cause a criminal history review to be conducted in accordance with the provisions of this chapter and Chapter 5.16 of this code. The criminal history review shall include a request of the State Department of Justice for a copy of the state summary criminal history information involving any specified criminal acts as defined in this chapter and as defined in Chapter 5.16 of this code.

F. Whenever a person or persons apply for an adult use planning permit in accordance with Section 20.460.040 of this code, the city manager shall cause a criminal background investigation to be conducted in accordance with the provisions of this chapter and Section 20.460.040 of this code. The criminal background investigation shall include, but not be limited to, a request of the State Department of Justice for a copy of the state summary criminal history information involving any specified criminal acts as defined in this chapter and as defined in Section 20.460.040 of this code.

G. All information obtained hereunder shall be confidential and used only for the purposes set forth herein. It is unlawful and a misdemeanor for any person to release or use such information for any purpose not authorized herein.

H. Applicants for licenses subject to this section shall be required to pay the expedited processing fee set by the State Department of Justice in addition to the basic processing fee set by the State Department of Justice.

(Ord. 799 § 21, 1998)

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 and to cover the city or requesting entity's cost of processing the application, including the background investigation.

(Ord. 799 § 21, 1998)