[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:
A.
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.
B.
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.
C.
A detailed nature of the business to be conducted.
D.
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.
A.
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.
B.
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.
