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Home My WebLink AboutD-1409-99 Permits & Licenses AMENDED ORDINANCE NO. D-1409-99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 4, DIVISION III, SECTION 4-26 AND CHAPTER 4, DIVISION IV, SECTIONS 4-43 AND 4-52 OF THE CARMEL CITY CODE WHEREAS, Carmel City Code Sections 4-26, 4-43 and 4-52, which relate to the issuance of licenses and permits, require the Carmel Police Department to undertake a criminal background investigation of applicants as a condition precedent to the issuance of a license or permit to same; and WHEREAS, Indiana law, as currently interpreted, does not authorize the dissemination of criminal background information by the Carreel Police Department for non-criminal justice purposes, such as the issuance of licenses and permits; and WHEREAS, the Carmel City Code should be amended to reflect Indiana law in this regard. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that Chapter 4, Division III, Sections 4-26(b)(2) and (b)(3) of the Carmel City Code be and the same are hereby amended to read as follows: "(2) The Clerk-Treasurer shall provide each applicant with a form questionnaire application to be processed by the Clerk-Treasurer's office. The application shall contain questions regarding the applicant's principal place of business, nature of sales and product, background and history, and such other information as the Clerk-Treasurer deems relevant. The application shall also require the applicant to obtain and attach thereto a copy of the applicant's limited criminal history, which the applicant shall obtain from the Indiana State Police Department. The Clerk-Treasurer shall submit each completed application to the Carreel Police Department for review. (3) A license shall be issued by the Clerk-Treasurer upon the applicant satisfactorily completing the application, confirmation by the Carreel Police Department that the applicant has no felony or misdemeanor convictions that would constitute crimes of moral turpitude, and receipt from the applicant of the appropriate license fee." The remaining provisions of Section 4-26 of the Carmel City Code shall not be affected by the above amendments and shall remain in full force and effect. Page One of Four Pages [eb:msword:c:\ordinances\1999\criminalinvestgate.doc:3/2/99] NOW, THEREFORE, BE IT FURTHER ORDAINED by the Common Council of the City of Carmel, Indiana, that Chapter 4, Division IV, Section 4-43(b)(7) of the Carmel City Code be and the same is hereby amended to read as follows: (7) Copies of the applicant's, and each of the applicant's drivers, limited criminal history, which shall be obtained by the applicant/driver from the Indiana State Police Department. All applications shall be transmitted by the Clerk-Treasurer to the Carmel Police Department for review. The remaining provisions of Section 4-43 of the Carmel City Code shall not be affected by the above amendment and shall remain in full force and effect. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Common Council of the City of Carmel, Indiana, that Chapter 4, Division IV, Sections 4-52(c), (f) and (g) of the Carmel City Code be and the same are hereby amended to read as follows: 1. Section 4-52(c) shall read as follows: "(c) Each licensee shall submit an application for each driver who will operate a taxicab or limousine within the Carmel City limits, on a written form provided by the Office of the Clerk-Treasurer. The written information contained in said application shall include the following: (1) Name, address and age, Social Security Number and date of birth of the driver; (2) Whether or not the driver has been convicted of any felony, the offense of operating a motor vehicle while intoxicated, or reckless driving, and/or if the driver's license has ever been revoked, suspended, cancelled or seized by any State agency. (3) Copies of the applicant's, and each of the applicant's drivers', limited criminal history, which the applicant/driver shall obtain from the Indiana State Police Department. (4) Copies of the applicant's, and each of the applicants' drivers', Indiana driving record abstract, which the applicant/driver shall obtain from the Indiana Bureau of Motor Vehicles. (5) Such other information as the Clerk-Treasurer shall deem necessary. (6) All applications shall be transmitted by the Clerk-Treasurer to the Carreel Police Department for review. Ordinance No. D- 1409-99 Page Two of Four Pages [eb:msword:c:\ordinances\1999\crirninalinvestgate.doc:3/2/99] (7) That the Clerk-Treasurer shall be entitled to collect a fee of Twenty-Five Dollars ($25.00) for each approved driver's license application submitted." 2. Section 4-25(f) shall be deleted in its entirety. 3. Current Section 4-52(g) shall be re-numbered Section 4-52(f) and shall read as follows: "(f) LICENSING PROCEDURE. Each applicant for a taxicab or limousine driver's license shall submit an application to the Clerk- Treasurer, along with all required fees and other required items. The application shall require the applicant to obtain and attach thereto a copy of the applicant' s limited criminal history, which the applicant shall obtain from the Indiana State Police Department. The Clerk-Treasurer shall forward the application and its attachments to the Carmel Police Department for review. The Clerk-Treasurer shall be empowered to determine, regarding driver's license applicants, whether or not a license shall be issued to an applicant." The remaining provisions of Section 4-52 of the Carmel City Code shall not be affected by the above amendments and shall remain in full force and effect. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required 'by law. PASSED by the Commop Council of the City of Carmel, Indiana, this l~A'day of/z/.:,,~e.*/I ,1999, by a vote of a, ayes and CJ nays. Offi(CZ._ _~ /C~OUNCIL FOR R7 ~aa~ ATTEST: Diana L. Cordray, I~C, C[~k-Treasurer ~ Billy Walker Ordinance No. D- 1409-99 Page Three of Four Pages [eb:msword:c:\ordinances\1999\criminalinvestgate.doc:3/2/99] Presented by me to the Mayor of the City of Carreel, Indiana the /7~' day of ,1999. Diana L. CordiTay, IZK~iC, "~grk-Treasurer' ATTEST: Diana L. Cordray, IAMC, Clerk-4;easurer ~~'~¢ Ordinance No. D- 1409-99 Page Four of Four Pages [eb:msword:c:\ordinances\1999\criminalinvestgate.doc:3/2/99]