[HISTORY: Derived from Ch. IV, Sec. 4-10, of the Revised General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FILLING STATION
- Any building, structure or premises, enclosure or other place within the borough where a container or containers, tank or tanks, whether portable or stationary, and containing either carbon bisulphite, gasoline, naphtha, benzole, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene, turpentine or other inflammable liquids, having a flash point below 165º F., are kept or located for the purpose of selling, offering for sale or distributing any such liquids from such containers, tank or tanks; provided, however, that the provisions of this chapter shall not apply to any place where such inflammable liquids are kept or sold for medical or household purposes.
No person shall manage, conduct, operate or carry on the business of a filling station without first having obtained a license therefor, as hereinafter provided. All gasoline pumps, tanks or other containers for which permits or licenses have been heretofore granted shall be and become subject to the terms of this chapter and amendments thereto; and persons to whom licenses have been granted shall forthwith apply for a license under the terms and provisions of this chapter.
No license granted under the provisions of this chapter shall be assigned or transferred to any other person, firm or corporation, nor shall any person other than the licensee named therein do business or act under such license, except after written application similar to the application for license and approval in writing by the Mayor and Council of the borough.
No license issued under the provisions of this chapter shall authorize the maintenance of the business of a filling station on any but the location specified therein.
All applications for licenses shall be made in writing to the Mayor and Council and all applications for licenses shall contain the following information:
Specifying the location of the building and premises.
The written consent of the owner or owners of the land whereon such station is proposed to be built or operated.
A statement of the size of the tank or tanks and the quantity of gasoline to be stored therein.
The type and construction of the tank or tanks and the material of which the tank or tanks are to be constructed.
The minimum depth of the top of tank or tanks below the ground where the same is placed.
The method of extracting gasoline from the tank.
A statement of the dimensions of the building and the material (in relation to fireproof qualities) to be used.
The license application shall be reviewed by the Building Subcode Official and an official designated by the Fire Prevention Bureau. The former official shall certify on the application as to its compliance with municipal regulations regarding zoning, building and other ordinances; and the latter official shall certify as to its compliance with the municipal fire prevention regulations. After certification by the aforementioned officials, the license application shall be approved or denied by the Mayor and Borough Council. Following approval of the application, the license shall be issued by the Borough Clerk. An applicant whose petition for a license has been rejected by one or both of the aforementioned officials may appeal to the Borough Council, which may reverse the rejection by approving the application if the facts disclosed at the appeal hearing reveal compliance with the municipal ordinances and regulations.
No license shall be granted except upon payment of a license fee at the annual rate of $25.
Each filling station shall be conducted and maintained in accordance with the provisions of the ordinances of the borough. Each filling station shall be inspected at least three times every year by an official of the Fire Prevention Bureau. It shall be the duty of the person making such inspection to see that the premises are maintained in compliance with this chapter and other ordinances of the borough, to see that there is no dangerous accumulation of waste or other combustible material on the premises and to report to the Fire Prevention Bureau any violation of ordinances which may be discovered during such inspection.
Any license issued shall be revocable by the Borough Council after hearing and good cause shown, upon 15 days' notice in writing to be given the licensee either by serving the same upon him personally or his surety, or by leaving the same at the place of business of such licensee.