[Adopted by Ord. No. O-98-28 (§ 7-15 of the Revised General Ordinances)]
[Amended 11-20-2012 by Ord. No. O-12-21]
The purpose of this article is to ensure the safety of the Township citizens by requiring background checks, pursuant to N.J.A.C. 13:59-1.1 et seq., of all persons who seek a license to work or act as a solicitor, pursuant to Chapter 288, or taxicab driver within the Township, or who provide limousine services within the Township. It is further the purpose of this article to establish the Township as an "authorized requester" pursuant to N.J.A.C. 13:59-1-1 et seq.
[Amended 11-20-2012 by Ord. No. O-12-21]
The requirements of this article are applicable to any person who seeks a license, or renewal of a license as a solicitor, pursuant to Chapter 288, or as a taxicab driver, pursuant to Chapter 315, or who makes application for a limousine certification, or renewal of such certification, pursuant to Chapter 199.
[Amended 11-20-2012 by Ord. No. O-12-21]
A. 
If the applicant for a solicitor's license, pursuant to Chapter 288, has been the subject of a Criminal History Record Information (CHRI) request processed by the New Jersey State Bureau of Identification (SBI) in the Township or another jurisdiction within the last 12 months, he or she may have the results thereof submitted directly to the Township Chief of Police to be processed in accordance with § 195-20. Under such circumstances, no further CHRI request need be processed.
B. 
If the applicant for a taxicab license pursuant to Chapter 315 or for a limousine certificate pursuant to Chapter 199 has been the subject of a Criminal History Record Information (CHRI) request processed by the New Jersey State Bureau of Identification (SBI) in the Township or another jurisdiction within the last 24 months, he or she may have the results thereof submitted directly to the Township Chief of Police to be processed in accordance with § 195-20. Under such circumstances, no further CHRI request need be processed.
[Amended 11-20-2012 by Ord. No. O-12-21]
In addition to other requirements for grant of license or certification provided in these revised general ordinances, no person shall be granted a license as a solicitor, pursuant to Chapter 288 or for taxicab drivers, pursuant to Chapter 315, or granted a limousine certification, pursuant to Chapter 199, unless such applicant for license or certification, and all those who will be going door to door in connection therewith (hereafter referred to as "applicant"), shall first authorize a CHRI request to be processed by the SBI, in accordance with N.J.A.C. 13:59-1.1 et seq. This CHRI request shall include both a name search and fingerprint search of the applicant for license or certification.
A. 
Fingerprint identification search. Each applicant shall complete and return to the Township Clerk an applicant fingerprint card, provided by the Township Clerk or Township Police Department, pursuant to N.J.A.C. 13:59-1.4(c). Such fingerprinting may be completed by any police enforcement agency within the State of New Jersey. The applicant fingerprint card shall be accompanied by a request for criminal history record information form, which must be completed in its entirety. A check or money order for the appropriate fee shall be stapled to the lower left corner of the applicant fingerprint card
B. 
Name identification search. Each applicant to this article shall complete a request for criminal history record information form provided by the Township Clerk, pursuant to N.J.A.C. 13:59-1.4(d). This form must be completed in its entirety and shall contain all the information required to complete the CHRI check, including:
(1) 
Name of the applicant;
(2) 
Date of birth of the applicant; and
(3) 
Social security number of the applicant. Pursuant to the provisions of the Privacy Act of 1974 (P.L. 93-579), the furnishing of social security information is voluntary. However, failure of the applicant to provide this information on the CHRI will result in the denial of the application for license or certification. Social security information provided by the applicant shall be used only for the purposes of processing the request for the CHRI and the application for license or certification.
(4) 
Authorization for the Township to request the CHRI. Each applicant shall authorize the Township to request the CHRI searches, by signing the bottom of the request for criminal record information form, pursuant to N.J.A.C. 13:59-1.2(b). Failure of the applicant to authorize the Township to obtain the required CHRI shall result in a denial of the application for license or certification.
In addition to the required license application fee, it shall be the responsibility of the applicant to pay all fees required for the CHRI searches, as specified in N.J.A.C. 13:59-1.3. A cashier's check or money order for the prescribed fee shall be stapled to the lower left corner of the applicant fingerprint card. The check or money order shall be made payable to "Division of State Police — SBI."
The results of the CHRI request shall be forwarded to the Township Chief of Police for review, in accordance with § 195-3, §§ 315-4A(1) and 315-5A(2). The results of the CHRI shall be included in the findings submitted by the Chief of Police to the Township Clerk. No presumption of guilt will be attached to, or assumed for, any pending arrests or charges indicated for which there are no final dispositions indicated on the CHRI report. Upon the recommendation of the Chief of Police, the Township Clerk shall deny the application for license presented by the applicant.
If the application for license or certification is denied based upon information contained in the CHRI, no license or certification shall be issued to the applicant, except as provided hereafter. No license or certification shall issue during the applicant's period of appeal or challenge, except, in the case of application for renewal of an existing license or certification, the Township Committee may issue a temporary license or certification for a period not to exceed the time permitted for the applicant to appeal the denial and/or challenge the information contained in the CHRI.
If the application for license or certification is denied due to any information contained in the CHRI, the applicant shall be afforded the following rights:
A. 
Right of notification. The Township shall notify the applicant of any information contained in the CHRI report which was a basis for the denial of the application.
B. 
Right of appeal to the Township Committee. Any applicant denied a license or certification due to information contained in the CHRI report shall have the right to appeal the denial to the Township Committee within 30 days of the date of denial. Such right of appeal may be extended for no more than 30 additional days, upon a showing of good cause to the Township Committee. Review of the denial by the Township Committee shall be in accordance with procedures established by the Township Committee.
C. 
Right to challenge and petition for correction any information alleged to be erroneous. Any applicant for license or certification who is denied or disqualified for such application due to information contained in the CHRI report shall have the right to complete or challenge the accuracy of any information obtained in the CHRI report. The Township Clerk, or local Police Department, shall provide the applicant making such challenge with information concerning the procedures to challenge the information in the CHRI report and any required forms. The applicant shall be given 30 days in which to present the challenge or allegation of erroneous information to the Township Committee. Thereafter, the Township Committee shall make a determination whether or not to extend the time allowed for the applicant to complete the application, to a maximum of 60 days. If the information in the CHRI report is not corrected within the allotted time, the applicant shall be required to submit a new application for license or certification, after such information in the CHRI has been corrected.
D. 
Right to have the Township Committee review the corrected information. If, within the authorized time period, the challenged information contained in the CHRI is corrected due to the applicant's petition, the Township Committee shall, at the option of the applicant, review the application in light of the new information in the CHRI and determine whether or not to grant the application. The Township Committee may request an additional review by the Chief of Police. However, if such additional review is requested, the applicant shall have an additional 30 days after review by the Chief of Police in which to bring the application to the Township Committee for approval.
The results of the CHRI shall be maintained in a confidential manner, and no release or dissemination of the results of the CHRI shall be granted, except as authorized by N.J.A.C. 13:59-1.1 et seq. The results of the CHRI shall be used solely for the purpose of determining whether the applicant is fit and qualified for the license or certification requested. The results of the CHRI shall be destroyed, in accordance with the requirements and procedures of N.J.A.C. 13:59-1.1 et seq., after the license applied for has been granted, or within 30 days after the applicant for license has exhausted all rights of appeal if the application for license is denied.