[HISTORY: Adopted by the Township Committee of the Township of Pemberton 3-5-1975
as Section 12:5 of Ch. XII of the General Ordinances. Section 176-6 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
For the purpose of this chapter, the following words and terms when
hereinafter used shall have the meaning ascribed to them as follows:
Shall also mean and include "their," "her" or "its."
Includes any individual, firm, partnership, corporation, receiver,
trustee, executor and administrator.
Shall have the same meaning as that given in N.J.S.A. 39:10-2, which
statute is a part of the Motor Vehicle Certificate of Ownership Law.
No person shall hereafter conduct or engage in the business of selling
used motor vehicles on any lot or inside any building in the Township of Pemberton
without first obtaining a municipal license for such purpose.
In order to obtain the license as aforesaid, it shall be necessary for
the person desiring to engage in the business aforesaid to file an application
therefor with the Clerk of the Township of Pemberton, which application shall
contain the following information:
A.
If the applicant is an individual trading in his own
name, then his name and the place of his residence and the trade name under
which he does or intends to do business.
B.
If the applicant is a partnership, then the names and
addresses of the respective partners and the trade name under which the partnership
does or intends to do business.
C.
If the applicant is a foreign corporation, then the name
of the state in which it is incorporated and a statement as to whether or
not the corporation is licensed to do business in the State of New Jersey,
and the name of the registered agent and the names and places of residence
of its officers and directors.
D.
If the applicant is a domestic corporation, then the
name and address of its registered agent and the names and places of residence
of its officers and directors.
E.
If the business is to be conducted on an open lot, a
description by distance or measurement of such lot intended to be used by
the applicant in the conduct of such business.
F.
A plan or survey showing the existing or proposed entrance
or entrances, exit or exits to the premises at or on which said business is
to be conducted.
G.
The size, location and description of any existing structure
on such lot or any proposed structure which is to be constructed and maintained
on any such lot, and the location and description of the sanitary facilities
and rest room accommodations which must be maintained thereon or in connection
therewith or which are located within a reasonable distance of such open lot
or structure on or at which such business is to be conducted and which is
described in the application.
H.
The number and date of issue of a license from the Motor
Vehicle Division permitting the operation of a business for the buying and
selling of used motor vehicles.
A.
Every such open lot or place of business used or intended
to be used by licensees under this chapter shall have maintained on the premises
where such business is to be conducted or in connection therewith, or within
a reasonable distance thereof, sanitary facilities in accordance with the
regulations of the Board of Health of the Township of Pemberton.
A.
Every open lot used in the conduct of such business shall
be illuminated from one-half (1/2) hour after sunset to sunrise of each following
day with electric lights which shall be installed and maintained in accordance
with the rules and regulations of the Underwriters and shall be subject to
their approval or disapproval.
B.
Every applicant, as aforesaid, shall furnish with his
application a plan showing at least one entrance or approach to said place
of business from the street immediately adjacent thereto, which entrance shall
not be constructed or maintained until the licensee has reset the curbing
and reconstructed the adjoining sidewalk in accordance with the rules and
regulations of the Township of Pemberton; provided, however, that such licensee,
upon abandonment of the business as aforesaid, shall replace forthwith the
curbing and sidewalk in conformance with the rules and regulations of the
Township of Pemberton.
As a condition precedent to the issuance of a municipal license as aforesaid,
the applicant shall obtain permits and shall pay the fees established therefor
from the Construction Official and any other agents or agencies of the Township
of Pemberton that may require the issuance of permits for any purpose that
may be associated with the requirements for operation of a business as herein
specified, and shall also produce, for inspection, the license issued by the
New Jersey Motor Vehicle Division for the operation of a business as a used
motor vehicle dealer.
Each applicant, after his request has been properly approved, shall
pay the Clerk of the Township of Pemberton an annual license fee of $20 before
such license may be issued to him, which license fee shall be an annual license
fee, and such license shall expire on the 31st day of March in each calendar
year. Such license fee shall be prorated on a monthly basis with relation
to the month of issuance and the time of expiration.
In addition to the requirements herein stated, such licensee shall comply
with any rules and regulations hereafter promulgated by the Mayor and Township
Committee of the Township of Pemberton or any of its agencies with respect
to the conduct of such business as aforesaid.
Every application received by the Township Clerk for the purpose aforesaid
shall be reported by the Clerk at the next following regular meeting of the
Mayor and Township Committee of the Township of Pemberton, and no license
shall be issued by the Township Clerk until such application shall have been
approved by the Mayor and Township Committee.
Any license issued hereunder may be revoked by the Mayor and Township
Committee of the Township of Pemberton for the violation of any of the terms
of this chapter, but such revocation shall not relieve the licensee from any
of the penalties herein provided.
Any person conducting a business as aforesaid at the time of the adoption of this chapter shall not be required to comply with the provisions of §§ 176-5B, 176-6 and 176-8, and nothing herein contained shall be construed to prevent any person presently operating such a business as aforesaid from carrying on such business without securing a license therefor for a period of 60 days following final publication of this chapter.
This section is included to regulate and control the sale of new trailers,
used trailers or accessory equipment used in the sale of trailers, which business
is conducted by duly licensed trailer park operators of the Township of Pemberton.[1]
If any provision of this chapter is contrary to the provision of any
New Jersey statute or to any rule and regulation of the Commissioner of Motor
Vehicles of New Jersey, then to the extent of such inconsistency, the statute
or the rule or regulation as aforesaid shall control.
Any ordinance or parts of ordinances which are inconsistent with the
provisions of this chapter are hereby repealed, excepting, however, that the
adoption of this chapter is not intended in any way to supersede any provisions
of the Zoning Ordinance of the Township of Pemberton.[1]
