[HISTORY: Adopted by the Merchantville Borough Council 10-28-1929. Amendments noted where applicable.]
No person, firm or corporation shall hereafter construct, establish, operate or maintain any building or other structure within the Borough of Merchantville for the storage, sale or disposal of gasoline, naphtha or other inflammable or combustible materials or liquids without first securing a permit therefor from Borough Council of the Borough of Merchantville: provided, however, that no such building or other structure shall be erected, established or used for such purposes, nor shall any inflammable or combustible materials or liquids be stored, sold or otherwise disposed of within 250 feet in any direction of any church building or school building or 50 feet from all other buildings within the Borough of Merchantville.
Any person, firm or corporation desiring to construct, establish, operate or maintain any building or other structure for the storage, sale or disposal of inflammable or combustible liquids in the Borough of Merchantville shall first make written application to Borough Council setting forth the name, residence and occupation of the applicant, the character of building or structure intended to be erected and the kind and character of inflammable or combustible liquids to be stored, used or sold thereon or therefrom, which application shall be accompanied by a plan showing the proposed location of said building or other structure and all buildings or other structures within 250 feet in any direction thereof.
Upon such application being delivered to the Clerk of the Borough of Merchantville, he shall present the same to the Borough Council at its next regular meeting, and said Borough Council shall refer the same to the Department of Records and Licenses to determine if the application complies with this chapter. Upon its report that it does so comply, Borough Council shall direct the Borough Clerk to issue a permit therefor upon the payment of the fee hereinafter provided.
The provisions of §§ 27-1, 27-2 and 27-3 of this chapter shall not apply to gasoline service stations or public garages established and operating before the passage hereof, except that no such gasoline service station can be enlarged in size or capacity or in any way extended beyond its present limits without a permit therefor as provided in § 27-1 hereof; nor shall any garage where gasoline may have been sold prior to the passage hereof be permitted to increase, enlarge or extend its equipment for the sale of gasoline or other inflammable or combustible liquids or materials without securing such permit as herein provided. This chapter shall not apply to private dwellings or to private garages wherein inflammable or combustible liquids are used solely by the owner of such dwelling or for domestic or other purposes.
Any person, firm or corporation now or hereafter operating any service or filling station or building where benzine, naphtha, gasoline or other inflammable or combustible liquids or materials are sold to the public shall hereafter be required to procure a license for the operation and maintenance of any such filling station or the gasoline pumps attached to such building or premises, which license may be granted by the Borough Clerk, upon written application made to him, stating the location, number of tanks and pumps, amount of gasoline or other inflammable liquid to be stored in the tanks of any such gasoline filling station or building giving such service. Upon the fee being paid therefor as hereafter provided, the Borough Clerk shall issue said license. The license fees as provided in this chapter shall be as follows: For a service station or building having one gasoline pump the sum of $5.00 per annum and for each additional pump, the sum of $2.00 per annum. Any such license shall expire on the 31st day of December in the year in which the same is issued and if applied for after the first day of July in any year, shall be issued for 1/2 the annual fees. The provisions of this chapter shall not alter or supersede any of the provisions of Ordinance No. 108 of the borough relating to garages and the licensing thereof.
It shall be unlawful for any person, firm or corporation to operate any service station or filling station or any other business in which benzine, naphtha, gasoline or other inflammable or combustible liquids or materials are sold to the public after the hour of 11:00 p.m. and prior to 6:00 a.m. The aforesaid prohibition, operating a service station or gasoline station during the aforesaid hours, shall be on a daily basis 365 days per year.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine not exceeding $100.00, as the Magistrate before whom the conviction may be had shall in his discretion deem proper, and upon such conviction, any license or permit heretofore or hereafter granted under the terms and provisions of this chapter may be annulled or revoked by Borough Council upon due notice to the holder thereof and hearing had thereon, and in such case Council may refuse to grant any further permit to construct or license to operate any such establishment.
In addition to any fines or penalties, upon conviction, any license or permit heretofore or hereafter granted under the terms and provisions of this chapter may be annulled or revoked by Borough Council upon due notice to the holder and hearing, and in such case Council may refuse to grant any further permit to construct or license to operate any such establishment.