[HISTORY: Adopted by the Township Committee (now Mayor and Council) of the Township of North Brunswick 6-19-1950. Amendments noted where applicable.]
It shall be unlawful for any person or persons, partnership, firm or corporation to engage in the business of selling or exchanging any new or used motor vehicle, new or used farm equipment or farm machinery upon any open lot in the Township of North Brunswick without first obtaining a license therefor as herein provided.
For the purposes of this chapter, the terms used herein are defined as follows:
- BUSINESS OF SELLING OR EXCHANGING NEW OR USED MOTOR VEHICLES, FARM EQUIPMENT OR FARM MACHINERY
- The offering of motor vehicles, farm equipment or farm machinery for sale or exchange by exhibiting, advertising, storing, parking, locating or keeping such motor vehicles, farm equipment or farm machinery, whether new or used, upon an open lot with the intent to sell or exchange either new or used motor vehicles or new or used farm equipment or farm machinery.
- OPEN LOT
- Any lot, tract or parcel of land not enclosed in a substantial, permanent building, and shall not include any lot, tract or parcel of land upon which is erected a substantial, permanent building used as a public garage wherein is conducted the public business of motor vehicle repair or storage of motor vehicles, but shall include any lot, tract or parcel of land adjacent to the lot, tract or parcel of land upon which such garage or building is erected.
Application for licenses to conduct the business of selling or exchanging such motor vehicles, farm equipment or farm machinery upon an open lot shall be accompanied by the license fees hereinafter stated. Such application shall set forth: the full name or names of the applicant or applicants, with his, her, their or its post office address; an accurate description of the open lot whereon the business is to be conducted, including a sketch of such location; the number of square feet to be devoted to such business; the name or names of the owner or owners of such open lot, with his, her, their or its post office address; and such other related information as may be required by the Township Clerk.
If no legal reasons appear why such license should not issue, and if the applicant shall have paid the license fee therefor, the Township Clerk shall issue such license under his hand and the seal of the township, which license shall bear the date of its issue and shall expire one year thereafter. The said license may, however, be issued on a calendar year basis, with an apportionment of the license fee for the remaining portion of the calendar year during which original application for license may be made.
The annual license fee for the license aforesaid shall be:
For each open lot having a frontage on any street or highway of less than 300 linear feet and having an area of not more than 5,000 square feet, $300.
For each open lot having a frontage on any street or highway of less than 300 linear feet and having an area of more than 5,000 square feet but not exceeding 30,000 square feet, $400.
For each open lot having a frontage on any street or highway of less than 300 linear feet and having an area of more than 30,000 square feet but less than 90,000 square feet, $500.
For each open lot having a frontage on any street or highway in excess of 300 linear feet or an area in excess of 90,000 square feet, $850.
No license issued hereunder shall be assigned unless application therefor is made to the Mayor and Council and its approval obtained, and no license shall be transferred to a location different from that for which issued unless application therefor is made to the Mayor and Council and its approval obtained.
No motor vehicle or farm equipment or farm machinery shall be exhibited, stored, parked, located or kept, under the license issued hereunder, except upon the premises described in the application therefor, and this shall not be construed to include the sidewalk or street or streets upon which said premises abut.
No license fee shall be charged for any lot not over 1,500 square feet in area which is used in connection with a bona fide garage building and as part of the business thereof for the storage or repair of motor vehicles; provided, however, that all such motor vehicles so stored on such lot with the intent to sell or exchange shall have been taken into the possession of the proprietor of said garage by reason of lien created under the New Jersey Garage Keepers Lien Act. The proprietor of such garage shall be required to apply for a license, however, and establish facts and conditions set forth in this section, whereupon a license shall be issued without payment of fee as hereinbefore provided.
This chapter is enacted for the purpose of raising revenue for the Township of North Brunswick as well as for the regulation and control of the business to be licensed hereunder.
The Mayor and Council of the Township of North Brunswick may suspend or revoke at any time any license issued hereunder after public hearing, of which five days' notice in writing shall be given to said licensee by serving the same personally upon him, her or them or by mailing the same to the address shown in the application for such license, if the licensee shall have used or permitted to be used the licensed premises for any improper, immoral or illegal business or purpose, or if the licensee shall fail to keep the licensed premises in a clean, safe, sanitary and proper condition, or if such licensee shall practice misrepresentation or operate in a manner so as to be fraudulent to the public or violate the provisions of the Zoning Ordinance or any other ordinance of the Township of North Brunswick.
[Amended 9-6-1977; 4-17-2006 by Ord. No. 06-06]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.