[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.]
[Amended 3-25-1992 by Ord. No. 92-8]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes a person of either sex, any natural person or association
of natural persons, association, partnership or corporation.
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.
This chapter is passed for the purpose of regulating
the used car business in the Township of Pennsauken.
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.
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]
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.
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.
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.
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.
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.
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.
All licenses granted as herein provided shall
be exhibited in a prominent place on the premises.
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.
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.
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.
[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.
