[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 8-16-1971 by Ord. No. 662 as Ch. 69 of the 1971 Code. Amendments noted where applicable.]
From and after the passage of this chapter, it shall be unlawful for any person, firm or corporation to use any vacant lot, vacant property or any portion of a lot outside of a building for the storage for sale of used or new motor vehicles without first obtaining a license therefor from the Board of Commissioners of the Borough of Collingswood as herein provided.
Wherever two (2) or more motor vehicles are stored on any such vacant lot or land for sale, whether adjacent to a duly established garage, service station or any other motor vehicle business or not, the license, as herein provided, shall be required; and a separate license shall be required for each separate lot or parcel of ground upon which said business is conducted; provided, however, that where several lots are contiguous to each other and the business is conducted on all of said lots, only one (1) license shall be necessary.
The license shall authorize the licensee to conduct the business on the lot specified in the license and shall not be transferable to another plot or lot; nor shall said license be assignable or transferable in any manner without the consent of the Board of Commissioners.
Every applicant for a license to engage in said business shall file with the Borough Clerk a written application signed by the applicant or applicants, which application shall state:
The name and residence of the applicant and, if a firm or corporation, the names and addresses of the officers and the registered agent or partners.
The length of time that the applicant or applicants or, if the applicant is a firm or corporation, the length of time that the manager or the person in charge has been a resident of the borough, if such is the case; his or their place of previous employment; and whether the applicant or applicants have been convicted of crime and, if so, when, what offense and in what court.
A detailed nature of the business to be conducted.
The place where the business is to be located and carried on.
Each application shall contain an agreement that the applicant accepts the license to be granted upon the condition that it may be suspended or revoked for cause at any time by the Board of Commissioners. The licensee shall, upon notice of revocation, be entitled to a hearing before the Board of Commissioners upon making application therefor within twenty-four (24) hours after notice of revocation of said license.
No licensee hereunder shall purchase from or sell to any person under the age of twenty-one (21) years any motor vehicle without the written consent of the parents or surviving parent or guardian of such minor.
No motor vehicle shall be placed by the licensee on the sidewalk or any part thereof, nor shall said licensee use the street or any part thereof for the storage, display or sale of said motor vehicle.
All licensed premises shall be subject to inspection at all times by members of the Police Department and other representatives of the borough.
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, covered or destroyed for the purpose of concealing the identity of such vehicle.
The licensee and any person employed by him to whom is offered for sale any motor vehicle, part or accessory from which has been removed, defaced, covered, altered or destroyed the manufacturer's serial number or any other identification shall immediately notify police headquarters.
If any other business than that herein especially licensed is to be conducted on the premises and a license is required for said business by an ordinance of the borough, a separate license must be secured therefor.
The Board of Commissioners may restrict the number of such licensed premises within the borough and may impose such reasonable regulations and rules with regard to said business or businesses so to be conducted, not contrary to law, as the Board of Commissioners may deem necessary and proper for the good, government, order and protection of persons and property and for the preservation of the public health, safety and welfare of the municipality and its inhabitants and as may be necessary to carry into effect the powers and duties conferred and imposed upon the borough by law. These restrictions and regulations shall be made by resolution. Rules, regulations and restrictions, as set forth in this section, may be promulgated and adopted by the Board of Commissioners, from time to time, by resolution or resolutions setting forth in particular such rules, regulations and restrictions.
The annual license fee to be paid for said license shall be the sum of two hundred fifty dollars ($250.), and all licenses hereunder shall terminate on December 31 after the date of issuance. Said license fees shall be for the purpose of regulating the business referred to herein.
Dealers, however, defined in Section 39, Chapter 10 of the Revised Statutes as agents, distributors or authorized dealers of the manufacturers of new motor vehicles, who have an established place of business in the Borough of Collingswood and who store, display and sell used motor vehicles in connection with said establishment in open lots in said Borough of Collingswood adjacent and contiguous to such duly established place of business, shall not be required to be licensed hereunder.
If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of said business shall be endorsed on the application.
Each holder of a license herein authorized shall at all times keep the license posted, while in force, in a conspicuous place on the premises described in the application for such license.
The licensee, by accepting a license hereunder, agrees to comply with all of the terms and conditions set forth in this chapter and all rules and regulations promulgated by the Board of Commissioners.
Any person, firm or corporation violating any of the provisions of this chapter shall forfeit and pay a fine not to exceed the sum of one thousand dollars ($1,000.), be imprisoned in the county jail for not more than ninety (90) days or serve a period of community service for not more than ninety (90) days, or any combination thereof, in the discretion of the court, and each day that this chapter is violated shall constitute a separate offense.
Any person, firm or corporation now conducting the business herein licensed shall have forty-five (45) days after the final passage hereof in which to obtain the license herein required, and during said period this chapter shall not become operative or effective as to persons now engaged in said business in order that they may have ample opportunity to secure the necessary license.