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.
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.
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.
No license under this chapter shall be issued, renewed, assigned
or transferred except by resolution of the Township Council.