[Adopted 2-20-1980 by Ord. No. 1369; amended in its entirety 3-20-2002 by Ord. No. 4/02]
Each bartender, waiter, waitress or any employee who plans to be employed by a licensee approved by the State of New Jersey Division of Alcohol and Beverage Control shall register and make application in writing on forms supplied by the office of the License Inspector of the West New York Police Department to all questions as to the identity, character, previous employment, criminal record and general experience of the bartender, waiter or waitress or other employee. He or she shall submit to the taking by the Police Department of the Town of West New York of fingerprint impressions and shall furnish to the office of the License Inspector of the West New York Police Department four photographs of himself or herself for each certificate for which an application is being submitted. The photographs shall be of a size of two inches by two inches. They shall be satisfactory to the License Inspector and shall have been taken within one year of the date of submission. In addition, he or she shall present an original social security card and proof of current address. At the time of the initial filing of an application, a temporary certificate shall be issued. This temporary certificate will be valid for a period not to exceed three months. On or before this time and after it is found that no criminal history would preclude employment, a certificate shall be issued for a period, not to exceed one year, as listed in § 114-50 of this article.
After the License Inspector of the West New York Police Department has deemed through a criminal history check, that the bartender, waiter or waitress or any employee employed by the licensee approved by the State of New Jersey Division of Alcohol and Beverage Control is legally able to possess a certificate, same shall be issued authorizing employment in a specified establishment. The certificate shall be presented by the person making application to the premises of employment and shall be posted, as prescribed by the rules and regulations of the State of New Jersey Division of Alcohol and Beverage Control. A photostatic copy shall be kept on the person of the individual for whom the certificate is assigned. In addition, the employer of the individual certificate holder shall be required to post the original certificates of all employees in a conspicuous manner as prescribed by the rules and regulation of the State of New Jersey Division of Alcohol and Beverage Control.
No licensed establishment as mentioned in §§ 114-43 and 114-44 shall employ any bartender, waiter or waitress or any employee connected with or employed by the licensee unless he or she shall have complied with the provisions of all sections of this article. No licensed establishment shall employ any new bartender, waiter, waitress or any employee connected with or employed by the licensee in connection with the licensed premises unless, prior to the commencement of his or her employment, he or she shall have complied with all the provisions of this article.
Certificates issued under the provisions of this article may be revoked by the office of the License Inspector of the West New York Police Department for any of the following reasons:
A. 
Fraud, misrepresentation or falsifying a statement contained in the application for a certificate.
B. 
A violation of regulations and rules of the State of New Jersey Division of Alcohol and Beverages Control.
C. 
Any violation of this article.
Any person aggrieved by the action of the office of the License Inspector of the West New York Police Department in the denial of an application for certificate as provided for in § 114-46 of this article shall have the right of appeal to the Alcohol Beverage Control Board of the Town of West New York. Such appeal shall be filed with the Town Clerk of the Municipality of West New York within 14 days after having been advised verbally or by mail to the last known residence. The notices of appeal shall contain a written statement setting forth completely the grounds for the appeal. The Alcohol Beverage Control Board of the Town of West New York shall set a time and place for a hearing of such an appeal, and notice of such hearing shall be given to the appellant by certified mail. Said hearing shall take place within 30 days of the individual being advised. The decision and order of the Alcohol Beverage Control Board shall be final and conclusive.
[Amended 6-16-2010 by Ord. No. 13/10]
The fee for a certificate for bartenders, waiters or waitresses or any employee connected with, or employed by or to be connected with or employed by a licensed establishment shall be paid to the office of the License Inspector of the West New York Police Department at the time of the filing of written application for the certificate for bartenders, waiters or waitresses or any employee who plans to be employed by the licensed establishment or renewal thereof, and shall be in the amount of $55. In addition, upon application for a position in a licensed establishment or renewal, he or she shall pay a fee of $5 for fingerprints. Further, a money order made out to "The Division of the State Police - SBI" in the amount as required by the State of New Jersey must be submitted to the License Inspector of the West New York Police Department.
Each certificate shall pertain to employment only on the premises for which it is issued and shall be returned to the Town of West New York by the licensee of the premises for which it is issued at the termination of the employment of the individual whom it identifies.
Each certificate for bartenders, waiters or waitresses or any employee connected with or employed by the licensee shall cover the calendar year commencing July 1 and ending June 30. Applications for renewal shall be made no later than May 31 in each year.
Any person, firm, partnership or corporation violating any of the provisions of the article shall, upon conviction, pay a fine not exceeding the sum of $1,000 or shall suffer imprisonment in the county jail for not more than 90 days, or both, at the discretion of the Judge of the Municipal Court. He or she shall be subject to such other penalties as shall be prescribed by the rules and regulations of the Director of the State of New Jersey Division of Alcohol and Beverage Control.
This article shall take effect immediately upon passage by the Board of Commissioners of the Town of West New York and approval by the Director of the Alcohol and Beverage Control Board. If any part, paragraph or section of this Article shall not be approved by the Director, such disapproval shall not affect any other part, paragraph or section.
All privileges granted under this Article shall be subject to the right reserved by the Board of Commissioners of the Town of West New York to change, alter or amend said Article at any time.