[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale 4-10-1940 by Ord. No. 256 (Ch. 48 of the 1966 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
GASOLINE FILLING STATION
Any building, structure or premises, enclosure or other place within the Borough where a container or containers, tank or tanks, and containing either gasoline, oil or other motor vehicle fuel, or other inflammable liquids, are kept or located for the purpose of selling, offering for sale or distributing any such liquids from such containers, tank or tanks, and as any place or premises where gasoline or other motor fuel is offered for sale to the public and deliveries are made directly into motor vehicles and which may provide for the maintenance, service, storage or washing of motor vehicles or the sale of automobile equipment or accessories.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person, firm or corporation shall manage, conduct, operate or carry on the business of a gasoline-filling station without first having obtained a license therefor, as hereinafter provided. All gasoline pumps, tanks or other containers for which permits or licenses have heretofore been granted, shall be and become subject to the terms of this chapter and amendments thereto; and persons to whom licenses shall have been granted shall forthwith apply for a license under the terms and provisions of this chapter.
All licenses issued under this chapter shall be issued by the Borough Clerk and terminate on the 31st day of December following the date of issuance. All licenses granted after the second day of January of any year shall be for the unexpired portion of said year. The full license fee shall be charged for any license granted prior to July 1 of each year, after which date 1/2 of the full license fee shall be charged for a license for the balance of said year.
No license granted under the provisions of this chapter shall be assigned or transferred to any other person, firm or corporation, nor shall any such license authorize any person, firm or corporation, other than the licensee named therein, to do business or act under such license, except after written application similar to the application for license and approval, in writing, by the governing body.
No license issued under the provisions of this chapter shall authorize the maintenance of the business of a gasoline filling station at any but the location specified therein.
Any person, firm or corporation, desiring to erect or operate a gasoline-filling station at a location within the Borough where a gasoline-filling station has not been in operation or licensed prior to the passage of this chapter, shall first make application to the Building Subcode Official for a permit as provided in Chapter 170, Construction Codes, Uniform. Upon receipt of said application, it shall be the duty of the Building Subcode Official to notify the Mayor and Council that such application has been received and that the provisions of the Building Code have been complied with. The Mayor and Council shall then hold a public hearing, after notice has been published once in a newspaper circulating in the municipality, at least 14 days before such hearing, the cost of advertising such notice to be borne by the applicant, and proof of publication thereof to be filed by said applicant with the Borough Clerk prior to, or at such hearing. If, after such hearing, the Mayor and Council shall then determine that the use applied for on the premises described in such application for a permit is detrimental to the health, morals, safety and general welfare of the neighborhood or the community, by reason of the hazard from fire or explosion, undue congestion of or interference with traffic, the escape of noxious fumes or for any other reason which, in the opinion of the Mayor and Council, is detrimental to the public interest, it shall direct the Building Subcode Official not to issue a permit for the erection and use referred to in the application, otherwise it shall direct the issuance of such permit.
[Amended 3-10-1970 by Ord. No. 571; 7-8-2008 by Ord. No. 2008-1283[1]; 10-28-2014 by Ord. No. 2014-1396]
No license shall be issued except upon payment of a license fee at the annual rate of $200 for the first pump, plus $50 for each additional pump.
[1]
Editor's Note: This ordinance also provided that it shall take effect 1-1-2009.
Any license issued shall be revoked by the governing body after hearing and upon good cause shown, upon 15 days notice, in writing, to be given to the licensee, either by serving same upon him personally or by leaving same at the place of business of such licensee with a person over the age of 14 years.
[Amended 2-27-2007 by Ord. No. 2007-1262]
This chapter shall be enforced by the Building Inspector, and any person, firm or corporation violating any of the terms thereof shall be subject to Chapter 1, General Provisions, Article I, General Penalty.
Nothing herein contained shall be construed to repeal any part of any existing ordinances of the Borough of Montvale.