[R.O. 1966 § 8:17-1; Ord. 6 S+FE, 2-6-1991 § 1]
As used in this chapter:
DIRECTOR
Shall mean the Director of the Department of Finance and/or his designee.
USED MOTOR VEHICLE OPEN AIR SALES LOT
Shall mean any open air plot of ground, lot or parcel of land, in the City, where used motor vehicles are exhibited or are stored, kept or located for sale or exchange even when attached to a building used for a similar use and is open to the public.
[R.O. 1966 § 8:17-2]
No person shall conduct or operate a used motor vehicle open air sales lot in the City without first obtaining a license therefor as provided for in this chapter.
[R.O. 1966 § 8:17-3]
a. 
The application under this Article for a used motor vehicle open air sales lot shall be made on a form furnished by the Division of Tax Abatements/Special Taxes of the Department of Finance.
b. 
The application shall set forth the following:
1. 
Name and address of individual applicant; if a firm, the names and addresses of the members of the firm; if a corporation, the names and addresses of the president and secretary of the corporation.
2. 
If the manager in charge is to be someone other than the name furnished in subparagraph 1 of this paragraph b., then his name and address.
3. 
Details as to the premises; size, location and conditions thereof, necessary to effect compliance herewith and with any State law or ordinance of the City.
4. 
Other information as to the applicant, his personnel and management which is or may be necessary in determining approval of the application and issuance of the license.
[R.O. 1966 § 8:17-4]
No license shall be issued or transferred to any person, firm or corporation, wherever the applicant, partners, officers or person in management, shall have been convicted of a crime of moral turpitude. Any license issued in violation of this section shall be void.
[R.O. 1966 § 8:17-5]
Upon approval of the application, the Director shall issue the license.
[R.O. 1966 § 8:17-6; R.O. 1966 C.S. § 8:17-6; Ord. 6 S+FS, 2-17-1988 § 1; Ord. 6 S+FC, 5-18-1988 § 1; Ord. 6 S+FE, 11-16-1992 § 1; Ord. 6 S+FB, 4-7-1993 § 1; Ord. 6 PSF-D, 8-3-2016 § 11; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a. 
All licenses issued, and renewals thereof, under this chapter shall expire biennially on December 31st after its date of issuance. If any applicant obtains an initial license pursuant to this section after the renewal date or in between a biennial cycle, the applicant will pay a pro-rated application fee. The applicant's license will thereafter expire on December 31st in accordance with the biennial licensing cycle. The Division of Tax Abatements/Special Taxes shall establish administrative rules and/or regulations pertaining to scheduling for the issuance of a used motor vehicle sales lot license.
b. 
The biennial fee for the license issued under this chapter shall be computed at the rate of $0.02 per square foot of the area of the lot, with a minimum fee of $1,000. When an application is received for any year for a lot coming into operation after January 1, 1992, the biennial fee shall be pro-rated at the rate of one-twelfth of the annual fee for each month or part thereof of the unexpired period of the year, but the pro-rated result is not to be less than $30.
c. 
The annual fee for a limited license to permit motor vehicles that are purchased by operators of junk shops, junk yards and metal processing facilities, for the purpose of selling parts therefrom shall be $350.
[R.O. 1966 § 8:17-7; Ord. 6 S+FE, 11-16-1992; Ord. 6 S+FB, 4-7-1993]
Upon application made in the manner prescribed by the Director, the license may be transferred.
[R.O. 1966 § 8:17-8; Ord. 6 S+FI, 4-5-1989 § 1; Ord. 6 S+FE, 2-6-1991 § 1; Ord. 6 S+FE, 11-16-1992 § 1; Ord. 6 S+FB, 4-7-1993 § 1]
a. 
The licensed premises shall not be used as a gas station or junk shop, provided however that operators of junk shops or junk yards that purchase used cars at other locations for the purpose of wrecking, storing or selling parts thereof will be allowed and required to obtain a used motor vehicle sales lot license for the limited purpose of purchasing used motor vehicles that will not be sold at the junk shop or junk yard.
b. 
The licensee shall:
1. 
Provide and maintain a durable ground surface in good repair and condition, with adequate drainage to avoid accumulation of surface water;
2. 
Keep the ground premises clean and free of accumulation of dirt or scrap materials;
3. 
Keep the sidewalks in good repair; clean of snow and ice; and safe for pedestrian travel;
4. 
Maintain only such entrances and exits over the sidewalk as shall be approved by the Director of the Department of Engineering;
5. 
Be prohibited from utilizing the streets and sidewalks for the purpose of displaying or storing motor vehicles and auto parts which may be offered for sale.
[R.O. 1966 § 8:17-9]
a. 
The licensee shall conform to and obey all laws, ordinances and regulations applying to the subject matter and the use of the premises.
b. 
A license issued in violation of paragraph a of this section shall be void.
[R.O. 1966 § 8:17-10]
a. 
Upon notice to the licensee by the Director, a license issued under this chapter may be suspended for any violation of this chapter or of any other applicable law, ordinance or regulation.
b. 
After notice and hearing, the Director may revoke the license upon any of the grounds set forth in paragraph a of this section.
[R.O. 1966 § 8:17-11]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 90 days, or both.