[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 5-23-1977 by Ord. No. 742; amended in its entirety 5-14-1998 by Ord. No.
1481 (Ch. 131 of the 1982 Code). Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 187.
As used in this chapter, the following words
and definitions shall apply:
The offering for sale or exchange of new or used motor vehicles
or the storage of motor vehicles for the purpose of offering for sale
or exchange.
Any lot, tract or parcel of land not fully enclosed in a
substantial permanent building.
It shall be unlawful for any person or firm
to engage in the business pertaining to the offering for sale or exchange
of new or used motor vehicles upon or out of any lot within the Borough
of South Plainfield without first obtaining a license therefor as
herein provided.
Each business to be licensed by virtue of this
chapter must first satisfy the following conditions:
A.
Approval of a use variance by the Board of Adjustment
for sale of new or used vehicles.
B.
Submission of all required licenses issued by the
Department of Motor Vehicles and other required appropriate agencies
of the State of New Jersey within 90 days after adoption of a resolution
by the Mayor and Council approving the issuance of the license. In
the event that such proof is not submitted to the Borough Clerk within
90 days of the issuance of the license, the license shall have no
force and effect commencing on the 91st day after its issuance.
Applications for licenses shall be made to the
Borough Clerk and shall be accompanied by the license fees 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 or applicants with their respective post office addresses;
an accurate description of the lot whereon the business is to be conducted,
including a sketch map of such location; the number of square fee
to be devoted to such business; the names and addresses of the owners
of such lot with their respective post office addresses; and such
other matters as may be required by the Borough Clerk. The applicant
shall also provide proof to the Borough Clerk that all property taxes
are paid in full. The Chief of Police shall also review the application
in order to confirm that there are no pending indictments or convictions
against the applicant or the property owner.
All applications for a license to be issued
under this chapter shall be considered at a public hearing before
the Borough Council. Notice of such public hearing shall be duly published
in the official newspaper of the Borough not less than 10 days prior
to the hearing date. In addition, the applicant shall notify all property
owners within 200 feet of the proposed business location of the time,
date and place of the public hearing not less than 10 days prior to
such hearing date. Such notices shall be in writing and served either
personally or by certified mail, return receipt requested. Approval
of any such application shall be by a majority vote of the Council
members present at the time of the hearing.
The license to be granted hereunder shall not
be assignable nor shall the location designated in the license for
the conduct of such business be changed unless an application therefor
is made to the Borough Clerk and approved in the manner previously
set forth.
The annual license fee for the license aforesaid
shall be:
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. No such vehicles
shall be so parked or stored upon the public sidewalk or streets abutting
or near the said premises.
This chapter is enacted for the purpose of regulation
and control of the business sought to be licensed hereunder and to
promote and protect the interests and welfare of the public and residents
of the Borough of South Plainfield.
In addition to any other remedies available
by law or otherwise provided under this chapter, the Borough Council
of the Borough of South Plainfield may suspend or revoke any time
any license issued hereunder, after public hearing of which five days'
notice in writing shall be given to said licensee by serving the same
personally upon him, her, it or them 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 licenses 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 as hereinbefore provided for, be punished by a fine
not exceeding $1,000, and every day of such violation shall be deemed
and taken to be a separate and distinct offense.
