[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson as indicated in article histories. Amendments noted where applicable.]
Article I Board of Education
Article II Licensees and Permittees
[Adopted 3-9-1982 by Ord. No. 1982-3 (Sec. 1.60 of the 1995 Code)]
Pursuant to a request by the Cinnaminson Township Board of Education, it is the declared public policy in this municipality that all employees of said Board of Education hired subsequent to the effective date of this article shall undergo a criminal history record check.
All information secured as a result of the criminal history record check shall be confidential and shall be released only to appropriate officials and members of the Cinnaminson Township Board of Education or Cinnaminson Township involved in reviewing and acting on applications for employment with said Board of Education.
All job applicants for any office of employment with the Cinnaminson Township Board of Education shall complete an appropriate request for criminal history record information, including a security check authorization as an applicant for noncriminal justice employment.
The security check authorization shall indicate that any and all available criminal history record information shall be released to the appropriate officers and members of the Cinnaminson Township Board of Education.
The completed request forms shall be forwarded by the Cinnaminson Township Board of Education to the Cinnaminson Township Chief of Police and thence to the New Jersey State Police, State Bureau of Identification for processing.
In the event that the Police Chief deems it necessary, a job applicant shall be fingerprinted by the Cinnaminson Police Department.
The Chief of Police shall forward to the Cinnaminson Township Board of Education the results of the history record check.
[Adopted 10-18-2000 by Ord. No. 2000-10 (Sec. 2.10 of the 1995 Code)]
As used in this article, the following terms shall have the meanings indicated:
- LIMOUSINE SERVICE
- The business of carrying passengers for hire by any automobile or motor car with a carrying capacity of not more than nine passengers, not including the driver, which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state, and which is hired by charter or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger.
[Amended 1-24-2007 by Ord. No. 2007-2; 2-6-2012 by Ord. No. 2012-1]
All individuals or entities seeking a permit pursuant to the following provisions of the Code shall be required to submit to mandatory background checks as set forth in this chapter, including both the local and the national check. Background checks shall be performed at the expense of the applicant and may be by the Safran Morpho Trak or such other means as may be recommended and designated by the Director of Public Safety. These checks are required for both initial licenses and permits as well as for renewals. All partners, owners, managerial employees or agents working under the authority of the license or permit are also required to submit to these checks. The requirement for these checks may not be waived except by action of the Township governing body.
Persons or entities seeking a license pursuant to Chapter 334, Licenses, General, for the operation of:
A limousine service, taxis and vehicles used for the transportation of passengers, baggage, merchandise, goods or chattels.
Automobile garages, repair shops, used-car dealers, junkyards and similar enterprises.
Swimming pools and bathhouses other than those classed as accessory to residential dwelling units.
Dance halls, billiard or pool parlors, bowling alleys, and places of public amusement.
Other businesses in the discretion of the issuing authority where necessary for the protection of the public welfare.
Persons or entities seeking to work as volunteers on behalf of the municipality or a municipally sponsored organization who will have access to or handle funds in excess of $250 or regular engagement with minors or senior citizens age 65 or over.
[Amended 2-6-2012 by Ord. No. 2012-1]
All permittees and licensees shall be required to first submit to a local background check, which shall be conducted by the Cinnaminson Township Police Department. If the applicant is found to have been convicted of a crime of the first, second, third or fourth degree within 15 years of the application or an offense involving theft, fraud, misrepresentation, moral turpitude, sexual offenses, trafficking in a controlled substance or product, offenses involving children or senior citizens, weapons offenses or any offense involving violence within seven years of the date of application, the applicant shall not be eligible to receive a license or permit. In the event that charges are pending but no conviction has been entered, issuance of the license or permit may be delayed pending resolution of the matter. Crimes or offenses committed in jurisdictions other than New Jersey shall be treated in the same manner as the most nearly equivalent crime or offense occurring within New Jersey. Applicants found eligible based upon review of the application and local background check may receive a probationary license or permit pending receipt of the national background check. If both local and national background checks are received simultaneously, separate checks are not required.
Following the local background check, all probationary permittees shall be required to submit to a national background check, which will be processed through the Cinnaminson Township Police Department. The Police Department is hereby authorized to use whatever database search processes necessary to effectuate this check. It is anticipated that this process will take approximately four to six weeks. If the national background check reveals that the probationary permittee is currently charged or was previously convicted with any felony, or any misdemeanor involving fraud, misrepresentation, dishonesty, violence, or in any way involving a child, then that probationary permittee shall be deemed to have failed the national background check, and his or her permit will be revoked. If there is no such finding, then the permittee will be deemed to have passed the national background check and shall be permitted to conduct its business pursuant to its permit or license, shedding his or her probationary status.
An individual or entity seeking a permit or license requiring a background check pursuant to this Chapter shall be required to pay a fee to cover the administrative costs of the background check by paying a fee in the amount as set forth in Chapter 265, Fees.
[Amended 2-6-2012 by Ord. No. 2012-1]
If a person or entity is denied a permit or license, or opportunity to volunteer, the applicant shall be notified by the Township Clerk of the denial and the reason for the rejection by regular and certified mail to the address provided by the applicant on the application. The notice shall also advise the applicant of their right to a hearing before the Township Committee by requesting such a hearing, in writing, within 20 days of the date of the notice. If a hearing is requested, the Township Committee shall schedule the matter to be heard within 30 days of the receipt of the request. The Committee shall hear the reasons for the denial as stated by the Township Clerk or other persons that the Clerk believes have relevant information. The applicant shall then be permitted to state the reasons why the permit or license should be issued or opportunity to volunteer be granted, including the presentation of witnesses with relevant information. The hearing shall be conducted pursuant to the procedures of the Township Committee. Witnesses shall be sworn but strict rules of evidence shall not apply. The Township Committee shall reach a decision within 15 days of the hearing and written notice of the decision and the reasons for the decision shall be promptly mailed to the applicant by regular and certified mail. These notice and appeal provisions shall apply to any denial of a license or permit pursuant to the provisions of this Code.