[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bellerose 11-8-1976 by L.L. No. 15-1976.[1] Amendments noted where applicable.]
A.
CAR
USED CAR DEALER
For the purpose of this chapter, the terms used herein
are defined as follows:
A motor vehicle of any sort, including a motorcycle.
Any person, firm or corporation engaged in or carrying on the business of buying, selling or trading used motor vehicles of any sort other than as set forth in Subsection B.
B.
The display, sale or trading of commercial vehicles or
trailers by other than franchised new car dealers shall require a special
use permit issued by the Board of Trustees.
Every person desiring to procure a license shall file with the Village
Clerk a written application containing the name and residence of the applicant,
if an individual, and the names and residences of all officers and partners
if the applicant is a firm or corporation. Such application shall be made
on a form supplied by the Village. Such application shall state the following:
A.
His or their places of previous employment.
B.
Whether he or they or any of them have been convicted
of a felony or misdemeanor and, if so, what offense, when and in what court.
C.
The premises whereon or from which such business is to
be carried on or located, giving street and number.
D.
Whether the applicant or applicants have ever before
engaged in the business of dealing in used motor vehicles and the facts with
reference to such business and its termination.
E.
Any other information which may be required by the Village
Clerk.
Upon the receipt of said application, the Village Clerk shall investigate
the character and business as specified in said application and make a fall
report thereon to the Board of Trustees of the Village. The Board of Trustees
may, on its approval of such application and after the payment to the Village
of the license fee hereinafter provided, issue to the applicant a license
to engage in the business of used car dealer. No license shall be refused
except for a specific reason and for the protection of the public safety,
good order or general welfare. All licenses shall be numbered in the order
in which they are issued and shall state clearly the location of the place
of business in or from which the person receiving such license shall be authorized
to carry on the business of used car dealer, the date of issuance and expiration
of the license and the name and address of the licensee. No applicant to whom
a license has been refused shall make further application until a period of
at least six months shall have elapsed since the last previous rejection unless
he can show the reason for such rejection no longer exists.
A.
Notwithstanding anything to the contrary herein, a factory-franchised
new car dealer shall pay an annual license fee in the amount established by
the Board of Trustees, by duly adopted resolution, for each established place
of business at which a factory-franchised new car dealer is carrying on the
business of used car dealer as an accessory to the principal use.
[Amended 12-9-1996 by L.L. No. 3-1996]
B.
Annual fees for used car lots which are not accessory
to new car dealerships and known as "nonconforming used car lots" shall be
classified into four categories computed on lot areas as specified on the
original use permit, as follows:
(1)
Class I lots, lot area up to and including 5,000 square
feet: $500.
(2)
Class II lots, lot area of 5,001 square feet up to and
including 10,000 square feet: $750.
(3)
Class III lots, lot area of 10,001 square feet up to
and including 15,000 square feet: $950.
(4)
Class IV lots, lot area of more than 15,000 square feet:
$1,500.
C.
The aforesaid fees, payable April 1 for the ensuing year,
may be changed by the Board of Trustees at an open meeting by resolution.
D.
No license shall be used by any person other than the
original licensee, and any holder of such license who permits it to be used
by any other person and any person who uses such license granted to any other
person shall each be guilty of a violation of this chapter.
No license shall be issued to anyone under the age of 18 years.
No license as herein provided shall be granted to any person or member
of a firm or corporation who shall have been convicted within three years
of the date of application of a violation of this chapter or any felony or
who has knowingly received stolen goods. However, the Board of Trustees, for
good and sufficient reasons shown to it, in the exercise of its discretion,
may grant a license to such a person, firm or corporation at any time within
the three-year period.
No person shall carry on the business at or from any other place in
the Incorporated Village of Bellerose than the one designated in the license
therefor, nor shall a used car business be conducted after the license for
such business has expired or been revoked.
The Board of Trustees may, at any time, upon investigation and for such
cause as it deems sufficient, revoke or suspend any license granted under
the provisions of this chapter. Whenever any license shall be so revoked,
no refund of any unearned portion thereof shall be made, and no license shall
be granted to any person, firm or corporation whose license has been revoked
within a period of three years from the date of such revocation. No license
shall be revoked by the Board of Trustees until such licensee shall have been
given notice and opportunity to be heard concerning such revocation.
In the construction and enforcement of this chapter, the act or omission
of any agent or other employee employed by any person, firm or corporation
licensed under this chapter, committed within the apparent scope of his employment,
shall presumably be an act or omission of such person, firm or corporation
holding such license, as well as the act or omission of that agent or employee.
Every used car lot shall have on the premises, in good working order,
an adequate number of fire extinguishers of a type and number to be prescribed,
after inspection, by the Fire Inspector of the Incorporated Village of Bellerose.
Every used car dealer must display a sign, in letters not less than
five inches in height with strokes of one-inch width, stating the name and
address of the person, firm name, trade name or corporate name authorized
by this chapter to operate the business of used car dealer and the number
of the license granted to the said person by the Board of Trustees. Said sign
shall be prominently displayed on the premises.
No used car dealer shall offer for sale or purchase any used car in
any manner so as to deceive the purchaser or seller as to any matter connected
with the transaction.
A.
Every motor vehicle sales lot or area shall be illuminated
in conformity with rules and regulations as prescribed by the Board of Trustees.
All existing lighting system layouts must, within six months of the enactment
of this chapter, conform with rules and regulations as prescribed by the Board
of Trustees.
B.
The maintenance and sanitation and the display and advertising
of such lots shall be in conformity with rules and regulations as prescribed
by the Board of Trustees and existing law.
C.
Every such lot shall be kept free of auxiliary and spare
parts, flammable matter or other debris which may cause damage by fire or
is unsightly.
D.
No used motor vehicle or any sales or open display lot
or area shall be decorated with flags or embellished with any device designed
to attract attention, nor shall the reproduction of any sound by amplification
be permitted.
E.
Sidewalks, curbs and curb cuts shall be provided on all
street frontages prior to December 1, 1976, and shall comply with the rules
and regulations of the Board of Trustees.
It shall be the duty of the Fire Inspector of the Incorporated Village
of Bellerose and the Building Inspector of the Incorporated Village of Bellerose
to make periodic inspections of used car lots to ensure compliance with all
sections of this chapter.
Every person, firm or corporation violating any of the provisions of
this chapter, upon conviction thereof, shall be subject to a fine of the maximum
jurisdiction of the Village Justice Court; in addition thereto, such violation
shall constitute disorderly conduct, and every person violating the same shall
be and hereby is declared a disorderly person. In addition to the penalty
imposed, the license of the person violating the same may be suspended or
revoked. When a violation of this chapter or any part thereof is continuous,
every 24 hours thereof shall constitute a separate and distinct violation.
