[HISTORY: Derived from Ch. 12, Art. III, of the 1971 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
NEW MOTOR VEHICLE DEALER
A dealer authorized by a manufacturer of new motor vehicles, including, but not limited to, trucks, all as defined more particularly in N.J.S.A. 39:1-1 and 39:10-2 and motorcycles, as defined in N.J.S.A. 39:1-1, or by the manufacturer's distributors, agents or representatives, to deal in the manufacturers products, and otherwise to engage in the business herein regulated and licensed and who does engage in such business during the annual licensing period in the Township, and shall also include the right to engage in the business of used motor vehicle dealer without separate licensing or payment of additional fees.
USED MOTOR VEHICLE DEALER
A dealer in motor vehicles, which term shall be deemed to include used motorcycles in all instances hereafter referred to in this paragraph who engages in the business herein regulated and licensed during the annual licensing period in the Township, but whose business is not authorized by any manufacturer of new motor vehicles, directly or indirectly, to deal in its products and consists primarily in trading in motor vehicles previously purchased, used and resold by ultimate consumers, such as are defined as a "used motor vehicle" in N.J.S.A. 39:10-2.
It shall be unlawful for any person to use any lands or premises, whether improved or unimproved, in the Township for the sale, display, exchange or storage for sale of used or new motor vehicles without first obtaining a license, as provided in this chapter, and no such business shall be conducted except in compliance with the provisions of this chapter. A separate license shall be required for each separate place of business.
A. 
Every applicant for a license to engage in a business under this chapter shall file with the Township Clerk, together with the license fee required by this chapter, a written application, signed and sworn to by the applicant, or by an authorized officer of the applicant if a corporation, which application shall state:
(1) 
The name and address of the applicant, and if a firm or corporation the names and addresses of the partners or officers and the registered agent, as the case may be. If the business is to be conducted under a trade name, such name shall be stated in the application.
(2) 
The place of previous employment or occupation of the applicant, or of the partners or officers, as the case may be, and whether or not the applicant, partners or officers have ever been convicted of a crime.
(3) 
The detailed nature of the business to be conducted.
(4) 
A sketch of the premises upon which the business is to be conducted, showing dimensions and frontages on streets, the distance to the nearest street intersecting the street upon which the premises front if an interior lot and, if a corner lot, showing the streets upon which the lot fronts, and also showing existing or proposed entrances or exits to the premises; and if a building exists on the premises, showing the location of the same, or of any proposed building and its type and dimensions.
(5) 
If the applicant is not the owner of the premises where the business is to be conducted, the property owner's consent to the carrying on of the business shall be endorsed on the application.
B. 
The application forms shall be prepared by the Township Clerk and be made available to applicants. The Township Clerk may require such information from the applicant in addition to that provided for in this section, as he may deem necessary and proper to the application, including, without limitation, proof that the applicant has been, or will be prior to the commencement of business, licensed by the State Motor Vehicle Commission pursuant to N.J.S.A. 39:10-19.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The license fees under this chapter may be found in Chapter 156, Fees, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The number of used motor vehicle dealers in the Township and licensed under this chapter shall not exceed the number holding current licenses from the Motor Vehicle Commission of the state, in the case of used automobile dealers, to engage in such business, and who are in fact actively engaging in such business on the date of initial publication and on the effective date of this chapter and in the case of used motor vehicle dealers shall not exceed three, provided that the foregoing shall not prevent any licensed new motor vehicle dealer at any time from also carrying on the business of used motor vehicle dealer without separate licensing or payment of additional fees.
A. 
All licenses whenever applied for or issued shall be valid for a term of one year beginning the first day of October in each year, and expiring on the 30th day of September in the following year. Applications for initial licenses received after October 1 in any year shall be eligible for a license for the balance of the licensing year, through the next September 30, and, if received after April 1 in any year, shall also receive a 1/2 reduction in the fee payable for the balance of that initial licensing year.
B. 
All licenses issued pursuant to this chapter shall become null and void automatically upon the effective date of any sale, conveyance or other hypothecation of the business herein licensed unless a transfer license be first applied for by and issued to the successors in interest. No additional fee shall be required upon the transfer of any such existing valid license, nor shall any sale or transfer for the unexpired balance of the term of the license approved for transfer. A license which has lapsed for any reason shall not be re-issued except upon payment of the full fee for the entire current licensing year, as well as compliance with all other pertinent requirements of this chapter applicable to an initial license.
Any license issued under this chapter may be suspended or revoked for false statements contained in the application, for violation of any of the provisions of this chapter, for commission of a crime or maintenance of a nuisance on the licensed premises or in the operation of the licensed business or for any other good cause by the Township Council after 10 days' notice in writing of and then a hearing on the charges before the Township Council. No license so revoked shall be reissued except for good and sufficient reasons shown by the applicant. Notice shall be deemed sufficient if mailed by certified mail to the address of the licensed premises shown on the most recent annual license application or by personal service upon anyone in charge of the licensed premises during normal hours of business.
A. 
The holder of each license issued under this chapter shall comply with the following requirements and each lot licensed under this chapter shall be subject to the following conditions and provisions, and failure to comply with any of same or the violation of any of same shall constitute good cause to have such license suspended or revoked by the Township Council.
(1) 
Each licensed area shall be enclosed by a bumper rail of sturdy permanent construction erected to a height sufficient to prevent motor vehicles from intruding onto the sidewalk or street beyond the property line of the lot.
(2) 
All motor vehicles which are displayed for sale or exchange shall at all times be parked or stored on the licensed lot and shall at no time be permitted to stand or be parked on the sidewalks or in the streets or roadways of the Township either in front of or adjacent to the licensed premises, or elsewhere.
(3) 
There shall be no openings for entrance or exit to or from the lot along the street line on which the same abuts except where the street curb has been lowered in accordance with the ordinances of the Township and only at such locations and in such manner as may be approved by the Township Engineer and Chief of Police.
(4) 
Whenever artificial lighting is used on the licensed premises, the same shall be so erected and maintained that no disturbing glare will be visible to adjacent property owners or to motorists using the public streets, and no colored bulbs shall be permitted in the lighting that may in any way be mistaken for or confused with traffic lights or signals. All such lighting shall be turned off by 10:00 p.m. and all day on Sunday; except that the licensee may maintain thereafter only sufficient light to afford protection to the merchandise stored on the lot.
(5) 
Each such licensed lot shall be surfaced with cracked stone, concrete or asphaltic mix in a manner to be approved by the Township Engineer.
(6) 
The surface of such licensed premises shall be so constructed as to provide sufficient drainage to prevent an accumulation of water thereon and in no instance will the open drainage of water over any sidewalk be permitted. Such drainage is to be performed in a manner to be approved by the Township Engineer.
(7) 
The operation of any such lot, and the sale or exchange of motor vehicles thereon, is hereby prohibited between the hours of 10:00 p.m. and 8:00 a.m. on the following day during weekdays, and shall be prohibited on Sundays.
B. 
Subsection A(1), (5) and (6) of this section shall not apply to dealers only in new or used motorcycles whose plans provide for the storage, whether for sale or display, of motorcycles only within an enclosed building structure.
No license under this chapter shall be issued, renewed, assigned or transferred except by resolution of the Township Council.