Editor's Note: The preamble to ordinance 6 S+FD of 6-4-1980 reads as follows:
Whereas, the Municipal Council of the City of Newark takes pride in the aesthetic values of its neighborhoods and communities; and
Whereas, the Municipal Council of the City of Newark is concerned about the unregulated proliferation of tire repair shops within the City of Newark; and
Whereas, the Municipal Council of the City of Newark is concerned about the increased noise pollution and air pollution which results from the unregulated operation of the tire repair shops; and
Whereas, the Municipal Council of the City of Newark is concerned that the unregulated growth of the shops will have an adverse effect upon the health and safety of its citizenry and the conditions of its neighborhoods; and
Whereas, adequate protection of the public health, safety and welfare requires that the business of operating a tire repair shop to be regulated and controlled.
[R.O. 1966 C.S. § 8:22-1; Ord. 6 S+FH, 11-18-1991 § 1]
In this chapter, unless the context otherwise requires, certain words and terms are defined as follows:
DIRECTOR
Shall mean the Director of the Department of Finance and/or his designee.
MOTOR VEHICLE
Shall mean any vehicle which is self-propelled.
PERSON
Shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.
TIRE REPAIR SHOP
Shall mean any establishment, indoor or outdoor, whose business primarily or incidentally is the supply, repair, readjustment and/or removal of motor vehicle tires for charge.
[R.O. 1966 C.S. § 8:22-2]
No person shall engage in, keep, conduct, carry on, operate or maintain a tire repair shop in the City of Newark without first obtaining a license therefor as provided in this chapter.
[R.O. 1966 C.S. § 8:22-3]
"The provisions of this ordinance (§ 8:22-3f, 3g, 3h) shall be effective commencing May 1, 1984. In order to ensure compliance, the Director shall forward a letter explaining the ordinance and a copy of this ordinance, by certified mail, to each of the existing licensed tire repair shops informing them to begin complying with 8:22- 3(f)-(h) effective May 1, 1984 in order to properly comply in making their May 1, 1984 license application."
No license shall be issued until an application is made to the Division of Tax Abatements/Special Taxes which shall cause an investigation to be made whether the applicant has complied with this chapter and all other requirements of these ordinances and the New Jersey State Statutes. Each application must be sworn to and include the following information:
a. 
A description of the facilities and services to be available on the premises of the proposed establishment and the business address at which the applicant proposes to conduct the business.
b. 
Name and home address of the individual applicant; if a firm, the names and home addresses of the members of the firm, if a corporation, the names and home addresses of the president, secretary, all other officers of the corporation and the registered agent of the corporation and any other person or entity which has a financial or beneficial interest in the business of the applicant.
c. 
If the manager in charge is to be someone other than a person named above, then his name and address.
d. 
The history of the applicant in tire repair business, including but not limited to, whether or not such person, in previously operating in this or another City or State under license, has had such permit revoked or suspended and the reason therefor, and the business activity or occupation subsequent to such action or suspension or revocation.
e. 
Whether or not any person listed in the application has, within 10 years of the date of the application, ever been convicted of a crime, misdemeanor, or disorderly persons offense, the number of convictions and the date, place and nature of the offense for which convicted.
f. 
The names, addresses and telephone numbers of:
1. 
The collector/hauler who removes tires from the tire repair shop to dispose of the same.
2. 
The disposal facility(ies) where discarded tires are brought for ultimate disposal.
g. 
The number of tires:
1. 
The collector/hauler removes from the tire repair shop.
2. 
Disposed of at each disposal facility(ies) for the entire prior year.
h. 
Copies of disposal receipts for each load of tires:
1. 
The collector/hauler removes from the tire repair shop.
2. 
Disposed of at each ultimate disposal facility for the entire prior year.
In either of the above noted arrangements, the disposal receipt should indicate either the volume or weight of the load.
[1]
Editor's Note: Pursuant to Section 2 of ordinance 6 S+FJ of May 18, 1983.
[R.O. 1966 C.S. § 8:22-4]
No license shall be issued, held, or transferred to any person, firm or corporation where the applicant, any partner, any officer, any person in management or any entity having a financial or beneficial interest in the business of the applicant shall have been convicted of any crime that relates adversely to the operation of a tire repair shop. Any determination made by the Director under this section shall be made in accordance with N.J.S. 2A:168A-2.1.
[R.O. 1966 C.S. § 8:22-6; Ord. 6 S+FH, 6-3-1987; Ord. 6 S+FL, 2-17-1988 § 3; Ord. 6 S+FH, 11-18-1991 § 1; Ord. 6 S+FV, 5-5-1999 § 1; Ord. 6 PSF-D, 8-3-2016 § 14; 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 April 30th 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 April 30th 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 Tire Repair Shop Licenses as appropriate.
b. 
The annual fee for the license issued under this chapter shall be $500 payable when the application is filed. In the event the license is not granted the application fee, less the sum of $30 shall be returned to the applicant.
c. 
Application for renewal of a license shall be made on a form provided by the Director at least one month prior to the expiration of the current license.
[R.O. 1966 C.S. § 8:22-7]
No license issued under this chapter shall be transferable from one person to another or from place to place.
[R.O. 1966 C.S. § 8:22-9; Ord. 6 S+FH, 11-18-1991 § 1]
Upon notice to the licensee by the Director a hearing shall be conducted by the Director to determine whether any license issued under this chapter may be suspended or revoked for any violation of the following:
a. 
Licensee fails to comply with the fire prevention ordinance of the City after reasonable notice shall have been given to the licensee to eliminate or correct any condition in violation of such ordinances on the licensed premises;
b. 
Licensee fails to comply with any provision of the health ordinances of the City of Newark or the State of New Jersey after reasonable notice shall have been given to the licensee to eliminate or correct any condition in violation of such ordinances on the licensed premises;
c. 
Licensee fails to comply with any provision of the City Electrical Code, the City Mechanical Code or the City Plumbing Code after reasonable notice shall have been given to the licensee to eliminate or correct any condition in violation of such ordinances on the licensed premises;
d. 
Licensee fails to comply with any provision of this chapter or other provision of City ordinance or State statute, after reasonable notice shall have been given to the licensee to eliminate or correct any condition in violation of such chapter on the licensed premises;
e. 
Licensee furnishes incorrect or incomplete information on its application for license or application for renewal of license;
f. 
Licensee must have an up to date record bookkeeping system of tires bought, sold, replaced, or delivered in bulk and to whom;
g. 
Licensee shall submit annually a manifest showing the proper disposal and removal of tires;
h. 
Licensee must keep receipts of pick up by any trucker or contractor to dispose of tires after first ascertaining that the trucker or contractor is licensed by the State and City to transport material for disposal.
[R.O. 1966 C.S. § 8:22-10]
a. 
The holder of any license under this chapter shall at all times abide by the statues, ordinances, codes, rules and regulations of the Federal, State and City governments and their agencies, and especially in connection with the operation of a tire repair shop and conduct therein.
b. 
The holder of any license under this chapter shall at all times allow the City's duly authorized representatives to inspect the premises in order that they may perform their respective duties to inspect, ascertain, and detect violations of this chapter or of any other ordinance or regulation of the City.
[R.O. 1966 C.S. § 8:22-11]
Any person who violates any provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
[Ord. 6 S+FBB, 9-17-1986 § 1]
a. 
No license shall be issued unless the premises for which the license is to be issued shall have a privacy fence or barricade constructed of any conventional fencing material not less than seven feet high installed along all property lines, other than street lines or where the wall of any building situated on the lot abuts a property line.
b. 
Where there is no garage or other indoor area where tires may be repaired, removed, adjusted, changed or rotated, no license shall be issued unless the premises for which the license is to be issued shall have sufficient off-street space to accommodate at least two motor vehicles in a manner so as not to obstruct any sidewalk or other public way.