[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park by Ord. No. 398 (§ 4-8 of the 1987 Code). Amendments noted where applicable.]
It shall be unlawful for any person to engage in the business of selling or exchanging any motor vehicle upon any open lot in the Borough of Highland Park without first obtaining a license therefor as herein provided.
As used in this chapter, the following terms shall have the meaning indicated:
- OPEN LOT
- Any lot, tract or parcel of land plus any enclosed structure or area adjacent thereto used in connection with the offering for sale, lease or exchange of motor vehicles, but shall not include any lot, tract or parcel of land which is primarily used to conduct the business of public motor repair or public storage of motor vehicles.
- THE BUSINESS OF SELLING OR EXCHANGING MOTOR VEHICLES
- Includes the offering of motor vehicles for sale, lease or exchange by exhibiting, storing, parking, locating or keeping such motor vehicles upon an open lot, as aforesaid, with the intent to sell, lease or exchange such motor vehicles.
Applications for licenses to conduct the business of selling or exchanging motor vehicles upon an open lot shall be made to the Borough Clerk and shall be accompanied by a license fee hereinafter stated. Such applications shall be made upon forms to be prepared by the Borough Clerk and shall set forth: the full name or names of the applicant with his 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 of such open lot with his post office address and such other matters as may be required by the Borough Clerk.
If no legal reasons appear why such license should not issue, and if the applicant shall have paid the license fee, the Borough Clerk shall issue such license under his hand and the Seal of the Borough, which license shall bear the day of its issue and shall expire one year thereafter.
[Amended by Ord. No. 940; Ord. No. 1170]
The annual license fee for the license shall be:
No license issued shall be assigned unless an application be made to the Borough Council and the approval obtained and no license shall be transferred to a different location than that for which issued, unless application be made to the Borough Council and its approval obtained.
No motor vehicle 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 any sidewalk or street upon which the premises abut.
[Amended 2-7-1989 by Ord. No. 1178]
This chapter is enacted for administrative regulation and control purpose of the business sought to be licensed hereunder.
The Borough Council 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 the licensee, by serving the same personally upon him, or by mailing the same to the address shown in the application for such license, if the licensee shall have used or permitted the premises licensed to be used 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.
Any person who shall violate any of the provisions of this chapter shall, in addition to the suspension or revocation of his license, be subject to a fine not to exceed $1,000, except that the minimum penalty under this chapter shall be $100.. Each and every day in which a violation of this chapter exists shall constitute a separate violation.
[Added by Ord. No. 1170]
This chapter shall be enforced by the Borough Police Department.