Certain words, phrases and terms in this chapter
shall have the following meanings:
AUCTION
A sale of goods at public outcry, to the highest bidder.
LICENSEE
The person, firm or other entity who applies for and/or is
granted the license required by this chapter and is responsible for
the fulfillment of its requirements.
No person or entity shall operate any establishment
or utilize any premises in the Township as a used automobile auction
unless and until a license has been obtained for same and it is operated
in accordance with the terms and provisions of this chapter and conducts
the auction in accordance with the terms of the license, zoning approvals
and local and state law.
All applications shall be accompanied by cash or certified check payable to the order of the Township in a sum equaling the whole license fee, which shall be returned in the event that the license is refused, less an amount as set forth in Chapter
139, Fees.
The annual license fee shall be as set forth in Chapter
139, Fees.
Each application filed with the Township Clerk
as provided herein shall be presented to the Mayor and Township Council
not later than the second regular meeting following the filing of
such application, at which meeting the Mayor and Township Council
may act upon any application so presented, or at any subsequent meeting
to which they shall defer action thereon, and no license shall be
issued by the Township Clerk until the issuance thereof has been duly
approved by resolution adopted by the Mayor and Township Council.
Upon approval by the Mayor and Township Council the Clerk is thereafter
authorized to issue the license upon the compliance by the applicant
with all the terms and conditions of this chapter.
All licenses issued pursuant to this chapter
shall expire after one full calendar year and all licensees desiring
to continue in such business after the expiration of any license granted
hereunder shall make application at least 45 days prior to the expiration
date for a new license for the ensuing year and shall pay the license
fee in like manner and amount as for the issuance of the original
license.
A separate license shall be obtained for each
separate location at which an auction is to be conducted, and the
license shall authorize the licensee to conduct a used automobile
auction only at the place specified in the license, and, in accordance
with the terms and conditions of its approval, a license shall not
be assignable or transferable to any other person or entity.
No licensee shall conduct an auction or be granted
a license to auction unless the following requirements are met:
A. No automobiles to be auctioned shall be stored within
500 feet of any dwelling, house, place of residence, church, school,
auditorium, place of public gathering or like place except such dwelling
house as may be situated on the licensed premises.
B. The VIN numbers of vehicles to be auctioned shall
be submitted to the Chief of Police 48 hours in advance of the auction
at which they are to be sold.
C. All necessary titles are to be secured by the auctioneer
at his expense.
D. Only operable vehicles are to be auctioned.
E. Adherence to all zoning and land use ordinances and
conditions of zoning approvals shall be strictly followed.
F. Adherence to all other local and state laws.
Any licensee shall allow inspection of any motor
vehicle on the licensed premises for the purpose of locating lost
or stolen vehicles by any official of the Township, police officers,
and any other law enforcement agency or agent.
All licensed premises shall be subject to inspection at all times by the Township Council or any of its duly authorized agents, and every license issued shall be kept in a conspicuous place on the licensed premises and shall be produced and available for inspection by any of the officials mentioned in this section or in §
61-10.
Every licensee shall keep a written book or record at the licensed premises which shall at all times be open to the inspection of any of the persons mentioned in §§
61-10 and
61-11 and in which book the licensee shall record the description and VIN number of all automobiles auctioned, the name and address of the person from whom the vehicle was obtained and to whom it was sold.
No licensee shall conduct his business or occupation
at any premises in the Township on a Sunday or at any other time other
than between the hours of 8:30 a.m. and 5:00 p.m. in the evening.
The license shall state the hours of operation, frequency of auction
and days of week permitted.