[Adopted 2-7-2008 by Ord. No. 2008-01]
The Board of Health of the Borough of East Rutherford, Bergen
County, New Jersey, (hereinafter referred to as "Board") has determined
that there is a need to protect the health, safety and general welfare
of those within the Borough of East Rutherford, including but not
limited to minors, and to provide reasonable assurances that persons
owning, operating or employed by temporary retail food establishments
and mobile retail food establishments, offering for sale ice cream,
flavored ice or similar frozen food items, have been required to undergo
a criminal history record background check and fingerprinting as part
of the licensing procedure for such establishments.
A.
Every owner, operator and employee of a temporary retail food establishment
or mobile retail food establishment, offering for sale ice cream,
flavored ice or similar frozen food items (hereinafter referred to
as "applicant") shall be required to submit to a criminal history
record background check and fingerprinting prior to the issuance of
a license to own, operate or be employed at such establishment within
the Borough of East Rutherford.
(1)
In the event the owner and/or operator of such establishment
is a corporation, all corporate officers and shareholders shall be
required to submit to a criminal history record background check and
fingerprinting.
(2)
In the event that the owner and/or operator of such establishment
is a limited liability company, all members of the limited liability
company shall be required to submit to a criminal history record background
check and fingerprinting.
(3)
In the event that the owner and/or operator of such establishment
is a partnership or limited liability partnership, all partners shall
be required to submit to a criminal history record background check
and fingerprinting.
B.
All costs associated with the criminal history record background
check and fingerprinting shall be borne by the applicant. At the time
of passage of this article, the cost is $60.25 and must be provided
in the form of a money order made payable to "Division of State Police
- SBI." The cost is subject to change and the applicant will be required
to pay the fee mandated by the Division of State Police at the time
of application.
C.
The applicant shall make an appointment with the Borough of East
Rutherford Police Department and supply fingerprints and information
necessary for the Borough of East Rutherford Police Department to
obtain a criminal history record background check from the State Bureau
of Identification in the New Jersey State Police and/or the Federal
Bureau of Investigation, Identification Division.
D.
In the event that subsequent to a license being issued for the operation
of a temporary retail food establishment or mobile retail food establishment
offering for sale ice cream, flavored ice or similar frozen food items,
there is a change in ownership, operation or employment, all new owners,
operators and employees must submit to the aforementioned criminal
history record background check and fingerprinting under the terms
set forth above.
E.
Refusal by an owner, operator or employee required to submit to criminal
history record background checks and fingerprinting as set forth above
shall serve as an immediate rejection of the application for a license
for operation of temporary retail food establishment or mobile retail
food establishment offering for sale ice cream, flavored ice or similar
frozen food items.
A.
Upon receipt of a completed criminal history record background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Police Chief of the Borough of East Rutherford or his designee shall notify the applicant and the Board of Health of affirmative or negative results. The determination of the Police Chief or his designee is based upon § 396-234B of this chapter. Details in the background check that result in a negative determination by the State Police and/or FBI are not afforded to the Board of Health and are only available to the applicant upon formal request to the Police Chief or his designee.
B.
In the event the criminal history record background check reveals
any prior convictions for crime or offenses which negatively impact
the health, safety and/or welfare of the public, including but not
limited to minors, the applicant shall not be qualified to be licensed
to own, operate or be employed by temporary retail food establishments
and mobile retail food establishments, offering for sale ice cream,
flavored ice or similar frozen food items within the Borough of East
Rutherford. Such offenses shall include, but not be limited to:
(1)
In New Jersey, any crime or disorderly person offense;
(a)
Involving danger to the person, meaning those crimes and offenses
set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A.
2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. and/or N.J.S.A. 2C:15-1
et seq.;
(b)
Against the family, children or incompetents, meaning those
crimes and offenses set forth in N.J.S.A. 2C:24-1 et seq.;
(c)
Involving theft, meaning those crimes and offenses set forth
in N.J.S.A. 2C:20-1 et seq.; and
(d)
Involving any controlled dangerous substance or controlled substance
analog as set forth in N.J.S.A. 2C:35-1 et seq., excluding N.J.S.A.
2C:35-10(4).
C.
The list of crimes and offenses set forth in this section is for
illustrative purposes only and shall not be construed as a limitation
on those criminal activities or offenses which would be grounds to
disqualify an applicant from obtaining a license as set forth above.
All applicants who have submitted to a criminal history record
background check and fingerprinting, and who have been determined
to be qualified to obtain a license as set forth above, and who have
in fact obtained a license as set forth above, shall be required to
submit a new criminal history record background check and fingerprinting
to the Police Chief or his designee, every two years subsequent to
the issuance of said license.
Any and all criminal history record background checks supplied
to the Police Chief or his designee shall be filed and maintained
in a secure and locked cabinet or room and shall not be available
to the public. The Police Chief or his designee shall take appropriate
steps to properly safeguard such records. The records shall be exempt
from public disclosure under the common law, the New Jersey Right
to Know Law[1] or the Open Public Records Act. The records shall only
be retained for such period of time as is necessary to serve their
intended and authorized purpose.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
The conviction of any applicant or licensee of any crime or disorderly person offense as set forth in § 396-234B of this chapter during the term of said license shall constitute a forfeiture of said license, and said license shall be deemed revoked, under the procedures set forth below.
A.
Licenses issued under this chapter may be revoked by the Administrative
Officer of the Borough of East Rutherford Health Department for violations
of any terms or conditions of this chapter.
B.
Notice of revocation of a license shall be given in writing, setting
forth the reason for revocation. Such notice shall be served personally
upon the licensee or mailed by registered letter to the licensee at
his last known address at least five days prior to the date set for
the hearing.
C.
In the event of a revocation of a license, the Administrative Officer
shall report his findings and reasons therefor to the Mayor and Council.
The applicant or license holder may appeal any denial or revocation
of a license within 30 days of receiving written notice of such denial
or revocation by submitting to the Borough Clerk a written request
for a hearing by the Mayor and Council, which request shall be made
on a form provided by the Borough Clerk. Failure to appeal any denial
or revocation of a license within the thirty-day period set forth
above shall be deemed a waiver of the applicant's or license
holder's right to appeal. The Mayor and Council shall hold a
hearing within 45 days of the date of request for a hearing. The Mayor
and Council shall direct the Borough Clerk to issue the decision to
the applicant or license holder within 10 days of its decision or
within 45 days of the hearing, whichever is sooner. The time periods
set forth in this chapter may be extended and/or waived on a mutually
agreeable basis by the Mayor and Council and the applicant and/or
license holder.
A.
Any person violating any of the provisions of this chapter shall,
upon conviction, be punished by imprisonment in the county jail for
a term not exceeding 90 days, by a fine not exceeding $1,000 and/or
by a period of community service not exceeding 90 days, in the discretion
of the Judge of the Municipal Court.
B.
A violation of any section of this chapter shall also be grounds
for revocation of any license as set forth above.
C.
Every day that the provisions of this chapter are violated, shall
be a separate and distinct violation of this chapter.
