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(16) All employees responsible for the handling, processing, dispensing, providing and cultivation of marijuana must be members of the Dispensary. Prior to employment, the employee members must be fingerprinted (through a Live Scan) for the purpose of conducting a background check. The purpose is to determine whether the employee has been convicted or plead guilty, plead for or was granted entry into a diversion program in lieu of conviction for, or plead nolo contendre to the following criminal offenses, or their equivalent if arising out of state: (i) Health and Safety Code Sections 11350 et al (pertaining to controlled substances, with the exception of marijuana related offenses) (ii) Penal Code Section 187 (homicide) (iii) Penal Code Section 207 (kidnapping) (iv) Penal Code Section 211 (robbery) (v) Penal Code Sections 240-248 (assault & battery) (vi) Penal Code Section 261 (rape) (vii) Penal Code Section 314 (indecent exposure) (viii) Penal Code Section 450 (arson) (ix) Penal Code Sections 458-464 (burglary) (x) Penal Code Sections 470-483.5 (forgery) (A) Penal Code Sections 484-502.9 (larceny) (xii) Penal Code Sections 503-515 (embezzlement) The employee applicant must contact the Chief of Police for information related to the processing and cost of the fingerprinting, and any costs must be paid for in advance by the employee applicant. The background check shall review the last five (5) years of the employee applicant's criminal history. If the background investigation determines the employee has been convicted of one of the above offenses, the Dispensary shall no longer employ the member as an employee. (b) Recordkeeping. The Dispensary shall maintain records of its members using only the State of California Medical Marijuana Identification Card number issued by the County or the County's designee, pursuant to California Health and Safety Code Section 11362.7 et seq., or a copy of a written doctor's prescription or recommendation, as a protection for the confidentiality of the cardholders. The Dispensary shall track when members' medical marijuana recommendations and/or identification cards expire and enforce conditions of membership by excluding members whose identification cards or recommendations are invalid or expired. The Dispensary shall maintain member records in a manner to protect confidential information in the records if the records contain information protected by applicable law, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Public Law 104-191. A Dispensary shall exclude members who are caught diverting marijuana for non- medical use. All membership records shall be maintained on site. (1) A Dispensary shall, by using the patient or caregiver's identification number, keep an accurate account of the number of members that visit the Dispensary each month, and also for the entire permit year. ORDINANCE NO. 2016-013 10