[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 7-14-1964 (Ch. 35 of the 1974 Code). Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to use any vacant lot, open space or permanent or temporary structure within the Borough of Westville for the purpose of engaging in the business of selling, trading in or exchanging used motor vehicles or the display of motor vehicles without first obtaining a license therefor from the Borough Clerk of the Borough of Westville as hereinafter provided.
All said licenses shall expire on January 1 each and every year, and there shall be no apportionment of any license fee for any portion of any year.
Said license shall not be assignable or transferable and shall authorize the licensee only to conduct the business on the premises specified.
Every applicant for such license shall file with the Borough Clerk a written application signed by the applicant, which said application shall set forth, under oath, the following information:
The name and address of the applicant and, if a firm or corporation, the names and addresses of all the officers and registered agent authorized to accept service of process, or the names and addresses of all the partners.
The nature of the business to be conducted, in detail.
The name under which said business is to be carried on.
The location of the proposed licensed premises, giving the street, address, block and lot numbers as shown on the Borough of Westville Tax Map, and the dimensions of the land upon which the business is to be conducted.
Whether any of the applicants, officers or partners have been convicted of crime, and if so, date, court, nature of offense and disposition thereof.
Upon receipt of such application as set forth in § 97-4, accompanied by the license fee, the Borough Clerk shall refer the same to the Mayor and Council, the Chief of Police and the Fire Chief. The Chief of Police and the Fire Chief shall thereupon each conduct an investigation with respect to the effect such business may have upon the Borough, particularly in relation to any fire or traffic hazards that might develop from the conduct of such business. The Mayor and Council shall take into consideration the proximity of said business to churches, schools, public buildings, residences and places of public gathering; the sufficiency in number of such other or like businesses within the Borough; the health, safety and general welfare of the public; and the suitability of the applicant to establish, maintain and operate such a business and to receive a license therefor. If the Mayor and Council shall act favorably upon said application after considering all of the facts, including the reports and recommendations of the Chief of Police and Fire Chief, the Borough Clerk shall thereupon issue a license to the applicant. In the event such application is refused and issuance of a license denied by the Mayor and Council, the Borough Clerk shall forthwith return the fee to the applicant.
The annual license fee to be paid for said license shall be the sum of $200 for up to 10,000 square feet of land area to be used, and $250 for more than 10,000 square feet of land area to be used.
For the purposes of this chapter, a dealer in the business of selling, trading, exchanging or displaying used motor vehicles in the Borough of Westville shall be defined as one who shall display or have on hand three or more used motor vehicles.
In all cases where the applicant is not the owner of the site of the proposed location where the business is to be conducted, the owner's consent in writing shall first be endorsed upon the application.
In all subsequent renewals of a license, it shall suffice for the licensee merely to certify under oath all substantial and material changes, if any, in the information in the original application, provided that application for renewal is made prior to expiration of current license.
No repairs of any nature shall be effected to any vehicle or part thereof on the licensed premises other than in an enclosed structure suitable for such purpose.
The erection of lights shall be arranged on the licensed premises in such a manner as not to disturb surrounding residences.
[Amended 3-24-2010 by Ord. No. 1-2010]
No premises shall be licensed for the purpose of engaging in the sale of used automobiles where the same premises shall be used for or in conjunction with any other business or purpose unless in an industrial zone and subject to site plan approval. However, the foregoing restriction shall not preclude an application to the Land Use Board seeking variance relief and site plan approval.
This chapter shall not apply to any properly franchised new car automobile agency.
All licenses issued pursuant to and in conformity with this chapter may be suspended or revoked by the Council of the Borough of Westville for cause, after notice to the licensee.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable as set forth in Chapter 1, Article I, § 1-15, General penalty. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.