Township of Pennsauken, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Pennsauken 3-13-1978 by Ord. No. 78-3 as Ch. 174 of the 1977 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Business registration — See Ch. 122.
Development regulations — See Ch. 141.
Storage of motor vehicles - See Ch. 175, Art. II.
Trailer sales — See Ch. 288.
Abandoned vehicles —  See Ch. 296.

§ 292-1 Definitions.

[Amended 3-25-1992 by Ord. No. 92-8]
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes a person of either sex, any natural person or association of natural persons, association, partnership or corporation.
USED CAR BUSINESS
The business, employment or occupation of buying, selling, dealing in or exchanging secondhand or used motor vehicles, as defined in N.J.S.A. 39:1.1, on any open lot or inside of any building. For the purpose of this chapter, this shall extend to and include new car dealers, who shall also be required to be licensed if they shall engage in or operate a "used car business" as herein defined.

§ 292-2 Purpose.

This chapter is passed for the purpose of regulating the used car business in the Township of Pennsauken.

§ 292-3 License required.

No person shall hereafter conduct or engage in the used car business in the Township of Pennsauken without first obtaining a license for such purpose.

§ 292-4 Application for license.

A. 
Any person desiring to engage in the used car business in the Township of Pennsauken shall first make application in writing to the Township Committee for a license to engage in such business, setting forth in said application:
(1) 
The name and address of the applicant.
(2) 
A description by metes and bounds of the premises upon which said proposed business is to be maintained, conducted or operated.
(3) 
The nature and construction of the building or buildings, either erected or intended to be erected, to be used in connection with said proposed business.
(4) 
The location of said building or buildings and lands with respect to the nearest public street or highway.
(5) 
The name and address of the owner of the lands and premises upon which said proposed business is to be maintained, conducted or operated.
(6) 
Whether or not the applicant, either individual or corporate, or any member, officer, director or stockholder thereof if such applicant is a partnership or corporation, has been convicted of a crime arising out of fraud or misrepresentation in the sale, exchange or financing of a motor vehicle.
(7) 
Whether or not the applicant, either individual or corporate, or any member, officer, director or stockholder thereof if such applicant is a partnership or corporation, has failed to make payment of the amount of any final judgment rendered by a court of competent jurisdiction against such applicant, or any of such persons, and founded upon a claim arising out of fraud or misrepresentation in the sale, exchange or financing of a motor vehicle for the space of 90 days after the entry of said judgment, which judgment still remains unsatisfied of record.
B. 
If the applicant shall be a domestic corporation, such application shall state the name and address of its registered agent and the names and residences of its officers, directors and stockholders and if a foreign corporation, then, in addition, a statement as to whether or not it is licensed to do business in the State of New Jersey.
C. 
Every application for a license to engage in the used car business in said Township shall be verified by the oath or affirmation of the applicant or applicants, if an individual or partnership, and, if a corporation, shall be verified by the oath or affirmation of an officer thereof.
D. 
As to any applicant for a license under this chapter, the Police Department of the Township of Pennsauken shall, upon the initial application, conduct a full state background investigation. The appropriate police official shall report the results of such investigation to the Township Committee as soon as possible. With respect to subsequent renewals of the license, the Police Department shall conduct an investigation by name only for the purpose of the annual renewal of said application.
[Added 8-13-2008 by Ord. No. 08-24]

§ 292-5 Denial of license for prior conviction or failure to satisfy judgment.

No license shall be issued hereunder to any person, partnership or corporation if such person or a member of such partnership or such corporation, or any officer, director or stockholder thereof, has been convicted of a crime arising out of fraud or misrepresentation in the sale, exchange or financing of a motor vehicle or if such person, partnership, or a member thereof, or such corporation, or any officer, director or stockholder thereof, has failed to make payment of the amount of any final judgment rendered by a court of competent jurisdiction against any of them and founded upon a claim arising out of fraud or misrepresentation in the sale, exchange or financing of a motor vehicle for the space of 90 days after the entry of said judgment, which judgment still remains unsatisfied of record.

§ 292-6 Establishment of permanent building as place of business required.

No license shall be issued hereunder unless such applicant shall have established and maintained, or by said application shall agree to establish and maintain within 90 days after the issuance of said license, a place of business consisting of a permanent building containing not less than 1,000 square feet of floor space to be used principally for the servicing and display of motor vehicles with such equipment installed therein as shall be requisite for the servicing of motor vehicles in such manner as to make them comply with the laws of the State of New Jersey and with any rules and regulations made by the Commissioner of Motor Vehicles governing the equipment, use and operation of motor vehicles within this state. Such building shall be equipped with proper and adequate sanitary facilities for both sexes. Any license issued hereunder shall become void and of no effect if the aforesaid permanent building shall not be established and maintained within 90 days after the issuance of said license.

§ 292-7 License fee.

The license fee for conducting a used car business in the Township of Pennsauken shall be the sum of $250, which license fee shall accompany the application.

§ 292-8 Approval of application.

Each application for such license and the required license fee shall be delivered to the Township Clerk, who shall present the same to the Township Committee for consideration at its next succeeding regular meeting. The action of the Township Committee in granting or denying such license shall be taken by resolution.

§ 292-9 Separate license required for each separate lot.

A separate license shall be required for each separate lot or parcel of land upon which said used car business is to be conducted; provided, however, that where several lots are contiguous to each other and the business is conducted by one licensee on all of said lots, only one license shall be necessary.

§ 292-10 Expiration of license; transfers; fee refunds.

A. 
Each license shall be valid only during the calendar year for which it is issued and shall expire on December 31 of each year.
B. 
Such license shall not be transferable from one person to another, but may be transferred from one premises to another premises.
C. 
No license fee shall be prorated for any portion of the year. Any license granted pursuant to the provisions of this chapter may be surrendered, but no refund of any portion of the license fee shall be made.

§ 292-11 Display of license.

All licenses granted as herein provided shall be exhibited in a prominent place on the premises.

§ 292-12 Use of sidewalks and streets for storage or display prohibited.

No motor vehicle shall be placed on the sidewalk or any part thereof by the licensee, nor shall said licensee use the street or any part thereof for the storage, display or sale of any motor vehicle.

§ 292-13 Suspensions and revocations of license.

A. 
The Township Committee, after written charges and notice and hearing thereon, may revoke or suspend any license issued hereunder:
(1) 
For the violation of any of the terms of this chapter.
(2) 
Upon the final conviction of the licensee of a crime arising out of fraud or misrepresentation in the sale, exchange or financing of a motor vehicle.
(3) 
Upon proof of the failure of a licensee to make payment of the amount of any final judgment rendered by a court of competent jurisdiction against such licensee and founded upon a claim arising out of fraud or misrepresentation in the sale, exchange or financing of a motor vehicle within 90 days after same is finally entered.
B. 
The word "licensee," as used in Subsections A(2) and (3) above, shall mean, in addition to the individual, partnership or corporation so licensed, any member of such partnership and any officer, director or stockholder of such corporation.
C. 
Ten days' written notice of such charges and hearing shall be served personally upon the licensee or shall be mailed to the licensee by registered mail addressed to the licensee's last known address.

§ 292-14 Violations and penalties.

[Amended 9-12-1984 by Ord. No. 84-26]
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,250 or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, in the discretion of the Municipal Court Judge.