[HISTORY: Adopted by the Municipal Council
of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 7 of
Chapter 10 of the Revised Ordinances of the City of Clifton, New Jersey,
1960. Amendments noted where applicable.]
GENERAL REFERENCES
Licensed businesses — See Ch. 303.
As used in this chapter, the following terms
shall have the meanings indicated:
The buying, selling or offering for sale of more than three
motor vehicles during any prescribed license period for profit.
This chapter is deemed necessary and proper
for the protection of persons and property, for the preservation of
the public safety of the municipality, and to reduce traffic congestion
and hazards in the public streets and along the county and state highways
in the City.
It shall be unlawful for any person to use any
land, building or premises for the sale, or storage for sale, of used
or new motor vehicles without first obtaining a license therefor from
the Council. A license shall be required whenever more than one motor
vehicle is stored for sale on any such land, building or premises.
A separate license shall be required for each separate place or location
of business.
[Amended 11-14-1966 by Ord. No. 3728]
A.
Any person desiring a license under this chapter shall
file with the City Clerk an original and four copies of an application,
under oath, in writing, on a form furnished by the City Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4)
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity,
in the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder;
the name and address of the registered agent and the address of the
principal office (The term "stockholder," as used herein, means and
includes any person owning or having an interest, either legal or
equitable, in 10% or more of the stock issued and outstanding of the
applicant corporation.); in the case of another entity, the full names,
residence addresses, dates and places of birth of each person owning
or having any interest, either legal or equitable, aggregating in
value 10% or more of the total capital of said entity, the name and
address of the registered agent, if any, and the address of the principal
office.
(6)
Whether the applicant or any partners, officers or
stockholders thereof have ever been arrested or convicted of a crime
and, if so, the name of the person arrested or convicted, the date
of arrest, the crime or charge involved and the disposition thereof.
The term "officers," as used herein, means and includes the president,
vice presidents, secretary and treasurer of a corporate applicant.
(7)
The business addresses of the manager or the person
in charge of the licensed premises during the five-year period preceding
the date of application.
(8)
A description of metes and bounds of the place where
the business is to be located and carried on.
(9)
A survey or scale drawing of the plot showing structures
and open areas to be used in the business; approved existing or proposed
entrances to and from the place where the business is to be conducted;
the location and place of said business; and the location and size
of all structures and fences thereon, and the setback thereof from
street lines, and the location and size of the area where motor vehicles
(new or used) will be stored and where such vehicles will be shown
or displayed.
[Amended 4-5-1989 by Ord. No. 5347-89]
(10)
If the applicant is not the owner of the site where
said business is to be conducted, the owner's consent to the conduct
of said business shall be endorsed on the application.
[Amended 11-14-1966 by Ord. No. 3728]
A.
Upon receipt of such application, the City Clerk
shall submit the same to the Police Department, Fire Public Safety
Department, Building Department and Health Department for reports
with reference to the compliance or noncompliance of the proposed
establishment with municipal and state rules, regulations, statutes
and ordinances and the truth of the matters contained in the application.
In addition to the foregoing, the reports of the respective departments
shall include the following:
[Amended 4-6-1971 by Ord. No. 4037-71]
(1)
Police Department:
(a)
The traffic conditions, including a traffic
count, which prevail in the neighborhood surrounding the premises
sought to be licensed.
(b)
A statement of whether, in the opinion of the
Department, the granting of the application would tend to increase
traffic congestion materially or to constitute a hazard to the public
safety.
B.
Upon return of said application and reports, the City
Clerk shall submit the same to the Municipal Council for its consent
and approval.
C.
Upon the consent and approval of the Municipal Council
and upon receipt of a copy of a certificate of occupancy for the licensed
premises from the Zoning Officer, the City Clerk shall issue such
license.
[Amended 1-4-1983 by Ord. No. 4776-83]
The annual fee for a license under this chapter
shall be as follows:
A.
Three hundred dollars for any licensed premises having
a square foot area of not more than 10,000 square feet, exclusive
of a showroom, garage or service station.
[Amended 6-5-1991 by Ord. No. 5503-91; 1-2-2008 by Ord. No. 6711-08; 4-18-2023 by Ord. No. 7813-23]
B.
Five hundred dollars for any licensed premises having
a square foot area in excess of 10,000 square feet, exclusive of a
showroom, garage or service station.
[Amended 6-5-1991 by Ord. No. 5503-91; 1-2-2008 by Ord. No. 6711-08; 4-18-2023 by Ord. No. 7813-23]
C.
Such license shall run for a period of one year, commencing
January 1 and ending December 31 of the year of its issuance. If the
license is issued on or before June 30, the applicant shall pay the
full fee for the year. If the license is granted on or after July
1, the applicant shall pay 1/2 of the annual fee.[1]
[1]
Editor's Note: Original Section 10-105, License
renewals; short form application, which immediately followed this
section, was repealed 11-14-1966 by Ord. No. 3728.
No license shall be granted by the Council if:
A.
The licensee has failed to comply with the provisions
of this chapter.
C.
The proposed licensed premises, if an open lot, do
not contain at least 5,000 square feet of usable area, except where
said lot is connected with and is part of a use such as a garage,
service station or other motor vehicle business.
D.
The individual applicant, or any officer or manager
of a corporate applicant, or the principals and manager of a firm
applicant, or any of them, have been convicted of the crime of larceny
or receiving stolen goods.
E.
The approval of the license will be detrimental to
the public health, safety, welfare and morals.
F.
The applicant is not the holder of a motor vehicle
dealer's license issued by the Director of Motor Vehicles of New Jersey.
The license shall authorize the licensee to
conduct business only on the premises specified in the license. Without
the consent of the Council, the license shall not be transferable
to any other premises, nor assignable or transferable in any manner.
All licenses are subject to suspension or revocation
after due notice and hearing by the Council for the violation of any
of the terms of this chapter.
All licenses under this chapter shall, at all
times, be subject to such reasonable rules as may be made from time
to time by the Council for the proper operation and regulation of
the places of business named in such license.
No motor vehicle for sale or exchange shall
be exhibited, stored, parked or located on the licensed premises within
15 feet of any building occupied solely for residence purposes, or
as a school, church or other place of assembly.
No open lot or property maintained by a licensee
under this chapter shall be used after sundown unless it is illuminated
with electric lights installed and arranged in such a manner as to
deflect the light from the public highways. No unshaded string of
lights or unshaded streamers shall be permitted. The purpose of this
section is to eliminate the glare of lights on the public highways
in the City.
A.
There shall be maintained on each licensed premises
or within 200 feet thereof a rest room with toilet accommodations
in accordance with the sanitary regulations of the health ordinances
of the City.
B.
Every office building or rest room constructed upon
or used by any licensed premises shall be constructed only after the
plans for such office building or rest room shall have been submitted
to and approved by the City Building Department.
No entrance or entrances shall be constructed
or maintained by the licensee until he has reset the adjoining curbing
and reconstructed the adjoining sidewalk in accordance with the rules
and regulations of the Division of Public Works. Upon abandonment
of the business on the licensed premises, the licensee shall forthwith
replace the curbing and sidewalk in accordance with the rules and
regulations of the Division of Public Works.
The licensee shall not place any vehicle on
the sidewalk, street or the front yard between the street and the
setback line applicable thereto. The licensee shall not use or permit
the use of the sidewalk, street or front yard areas aforesaid for
the storage, display or sale of motor vehicles, or for the parking
of any other vehicles on any of said areas.
No licensee, or his agent, shall knowingly buy,
sell, receive, dispose of, conceal or have in his possession any motor
vehicle from which the manufacturer's serial number or any other number
or identification mark has been removed, defaced, altered, tampered
with, covered or destroyed for the purpose of concealing the identity
of such vehicle.
A.
Within 10 days after the issuance of a license under
this chapter, the open area included in the license shall be enclosed
by a fireproof barrier. Such barrier shall be set back in accordance
with this chapter and shall be of sturdy permanent construction conforming
to the requirements of the Building Code. The purposes of the barrier
shall be the protection of the general public from damage by rolling
or moving motor vehicles. The barrier shall be constructed to minimize
said danger.
B.
The barrier shall be at least six inches high and
shall have no openings for entrance or exit along the street line
except where the street curb has been lowered in accordance with City
regulations or, if the licensed premises front on a county or state
road, then in accordance with the applicable county or state requirements
if such requirements are more restrictive than the City regulations.
Such openings shall not exceed, in number or width, the portions of
the curb so lowered. Where the street curb has not been lowered, there
shall be permitted an entrance to the licensed premises through such
barrier, not exceeding four feet in width. All barriers shall at all
times be kept and maintained in proper repair during the license period.
No barrier shall be required where a building wall marks the boundary
of the licensed area, except as herein provided.
Every barrier required under this chapter shall be set back at least one foot from the front and side yard setback lines of the premises as prescribed by the City Zoning Ordinance. Where any portion of the licensed premises is situate so as to make § 445-11 applicable, then the barrier shall be apart from or set back at least 15 feet from the building and structures set forth in § 445-11.
The licensee shall not create or allow undue
noise on the premises. He shall not permit smoke or dust to escape
from the premises so as to constitute a public or private nuisance.
He shall keep said premises in as neat and orderly a condition as
the nature of the business will allow.
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 30 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
