[HISTORY: Adopted by the Mayor and Council of the Borough of Hasbrouck Heights 8-12-2003 by Ord. No. 2013; amended in its entirety 8-11-2009 by Ord. No. 2214. Subsequent amendments noted where applicable.]
[Amended 5-11-2010 by Ord. No. 2236; 6-7-2010 by Ord. No. 2239]
Within the limits of the Borough of Hasbrouck Heights, no person, firm or corporation shall conduct the business of the sales of motor vehicles principally by electronic means such as internet, telephone or fax communications without first obtaining and having in full force and effect not only such license as may be required by the State of New Jersey but also a license as provided hereunder. Exempt from this requirement are persons, firms or corporations who or which occasionally and not regularly sell by such electronic means a motor vehicle that he, she or it owns, possesses or uses for purposes other than resale. All such licences shall be for a term of one year commencing on the first day of March and ending on the last day of the following February. All licenses shall expire on the last day of the following February regardless of the date of issuance or reinstatement.
Editor's Note: This ordinance also changed the title of this chapter from Licensing of Motor Vehicle Sales to Licensing of Certain Motor Vehicles Sales Enterprises.
Annually, any person, firm or corporation desiring a license under this chapter shall file with the Borough Clerk at least 60 days prior to the desired issuance date an original and one copy of an application, in writing, under oath, on a form furnished by the Borough Clerk. Absent written notice, containing specific reasons, within 60 days, that the application has been rejected or conditionally granted, the application shall be deemed approved.
The application shall set forth the following information:
The name, permanent principal address, and phone number of the applicant.
If the applicant is a partnership, a corporation or another entity, its full name, the address of its registered office, the name of its registered agent and its federal tax identification number. A true copy of its latest certificate of creation must be attached.
If the applicant is an individual, the applicant=s residence address, date and place of birth and social security number.
If the applicant is a partnership, the full names, residence addresses, dates and places of birth and social security numbers of each partner.
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 and social security number of each major officer and each stockholder. (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 and social security number 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.
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.
The name, residence address, date and place of birth and the social security number of the person or persons who shall be in charge of and responsible for the operation of this business in the Borough of Hasbrouck Heights and who shall be personally responsible for its lawful operation.
A true copy of a current dealer's license issued by the New Jersey Motor Vehicle Commission.
Upon receipt of such application, the Borough Clerk shall submit the same to the Police Department, the Fire Prevention Office and the Building Department for a determination of the completeness and truthfulness of the application and for reports with reference to the compliance or noncompliance of the premises upon which the enterprise is to be conducted with relation to municipal and state rules, regulations, statutes and ordinances.
Issuance of disapproval of license.
The Chief of Police shall approve the issuance of such license unless he reasonably concludes that:
The character and business responsibility of the applicant is unsatisfactory based upon a definitive failure to meet the criteria set forth below;
A violation of municipal or state rules, regulations, statutes and ordinances exists;
Any material matter contained in the application is untrue.
The Chief of Police shall disapprove the application if the reports of the various departments or other demonstrable evidence presented in respect to that application discloses any of the following:
Conviction of any person required to be named in the application for a crime involving moral turpitude.
Prior violations by the applicant of statutes, ordinances or regulations.
Revocation or expiration of the dealer's license issued by the New Jersey Motor Vehicle Commission.
Failure to comply with the requirements of N.J.A.C. § 13:21-15.1 et seq., whether or not the violations are being pursued by the New Jersey Motor Vehicle Commission.
Additionally, each application shall satisfactorily demonstrate compliance with each of the following additional conditions:
That each licensee shall provide upon the same premises as the office of such licensee the following minimum number of parking spaces permanently and exclusively dedicated by the landlord to that licensee:
At least the minimum number required by the New Jersey Motor Vehicle Commission for that licensee; and
At least the same number as would otherwise be required under the Zoning Code of the Borough of Hasbrouck Heights in respect to offices (§ 275-23 and Table VI-I of Ord. No. 1407, Subdivision and Site Plan [not yet codified] which is one per each office up to 250 square feet of office space and one additional for each additional 250 square feet of area) for that individual licensee's office.
That each licensee shall show all of the aforesaid required parking spaces clearly marked on a map or survey of the premises as to exterior parking and/or a map or architectural drawing of the building as to interior parking as dedicated to the sole use of that licensee, all of which exterior spaces must be adjacent to each other; such licensee shall not be permitted to use any parking spaces assigned to another licensee.
That no vehicle offered for sale nor any inoperable vehicle nor any unlicensed vehicle shall be parked or stored in the parking area in the front yard of the premises; such parking areas shall be reserved for employees and patrons of the premises only and shall bear the appropriate signage accordingly.
That all parking and driveway areas of the subject premises have been inspected by the Traffic Officer of the Police Department and the Fire Prevention Officer and have been regulated to their satisfaction.
That the licensee is a sole and exclusive tenant of the specific premises or the licensee's portion of the premises as the same is specifically referred to by unit or suite number under a written lease that provides the tenant will comply with the requirements of this chapter and that does not purport to meet the requirements of this chapter by the sharing of the aforesaid required elements with another tenant; and accompanying the application shall be a true copy of the said lease that clearly demonstrates these requirements and which must have a term not expiring prior to the term of the license sought.
Upon the consent and approval of the Chief of Police to the issuance of such license, the Borough Clerk shall place before the governing body a resolution authorizing the issuance of the same, no later than 60 days after license application submission, subject, however, to such appropriate conditions and safeguards, if any, consistent with the intent and purpose of and reasonably necessary to accomplish the objectives of this chapter as the Chief of Police may recommend.
The licensed place or premises upon which such licensed activity is to be conducted shall at all times comply with all police, fire and zoning regulations imposed by any other law or ordinance, and said business and the place and premises where conducted shall be subject at all times to reasonable inspection by the police, fire, zoning and health authorities of the Borough of Hasbrouck Heights.
Any license issued under this chapter may be revoked, after notice of the grounds therefor and a hearing upon no less than 14 days notice before by the Borough Council or a duly authorized committee of the Borough Council. Said hearing may be initiated upon the recommendation of the Chief of Police if he determines that there are reasonable grounds to do so, such grounds for revocation being the same grounds upon which the Chief of Police may refuse to consent to and approve the issuance of such license as set forth in § 181-3D and E above. The Chief of Police shall cause there to be served upon any adult person appearing to be in charge of the offending licensed premises during the regular business hours thereof a notice of his intention to seek revocation and a statement of the reasons therefor. The licensee shall have three business days from the service of said notice to cure the violations charged by the Chief of Police. Unless the licensee shall cure the said violations within that time, the Chief of Police shall notify the governing body of his intention to seek revocation. Upon the adoption by the governing body of the resolution revoking the license, the Chief of Police shall be authorized to cause the premises to be vacated and the business operation to cease. Thereafter, the licensee shall be afforded a hearing before the governing body or a committee appointed by the Borough Council appealing the revocation of such license upon the filing of a new application in the form hereinbefore provided and upon the filing of the required fee for reinstatement. Nothing herein shall prevent the licensee from seeking an appeal within thirty days to the Superior Court where said licensee shall be entitled to a trial de novo.
There shall be charged and collected for said license an annual fee as provided in Chapter 133, Fees.
In addition to the license revocation as hereinbefore provided, any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine or imprisonment, or both, at the discretion of the court imposing sentence pursuant to Chapter 204 of this Code.