[HISTORY: Adopted by the Township Committee
(now the Township Council) of the Township of Saddle River (now the
Township of Saddle Brook) 5-23-1952 by Ord. No. 360. Amendments noted where applicable.]
It shall be unlawful for any person, firm or
corporation to use any vacant lot, open space or temporary structure
within the Township of Saddle Brook for the purpose of engaging in
the business of selling, trading or exchanging used motor vehicles
or the display of motor vehicles without first obtaining a license
therefor from the Township Council of the Township of Saddle Brook
as hereinafter provided.
All said licenses shall expire on January 1
of each and every year, and there shall be no apportionment of any
license fee for any portion of said year.
Said license shall not be assignable or transferable
and shall authorize the licensee to conduct the business only on the
premises specified.
A.Â
Every applicant for such license shall file with the
Township Clerk a written application signed by the applicant, which
said application shall set forth under oath the following information:
(1)Â
The name and residence of the applicant, and if a
firm or corporation, the names and addresses of all the officers and
directors and registered agent authorized to accept service of process,
or the names and addresses of all the partners.
(2)Â
The nature of the business to be conducted, in detail.
(3)Â
The location of the proposed licensed premises, giving
the street address and the block and lot numbers as shown on the Assessment
Map of the Township of Saddle Brook, and the dimensions of the land
upon which the business is to be conducted.
(4)Â
Whether any of the applicants, officers, directors
or partners have been convicted of any crime, and if so, the date,
court, nature of offense and disposition thereof.
B.Â
Upon receipt of such application accompanied by the
license fee, same shall be referred to the Chief of the Police Department
and the Chief of the Fire Department for their respective recommendations
as to possible police and fire hazards. The Township Clerk, upon receipt
of the recommendations of the Chief of the Police Department and Chief
of the Fire Department, shall refer same to the Township Council.
All licenses issued hereunder shall be authorized
by resolution of the Township Council. The Township Council, in considering
the application, shall take into consideration the nature and development
of the surrounding property; the proximity of churches, schools, public
buildings or other places of public gathering; the effect such business
may have upon traffic conditions in the Township and the creation
of traffic hazards; the sufficiency in number of such other businesses
of the same character in the Township; the health, safety and general
welfare of the public and the suitability of the applicant to establish,
maintain and operate such business and to receive a license therefor.
All licenses granted by the Township Council shall be issued by the
Township Clerk. In the event any application is refused or denied,
the Township Clerk shall forthwith return the fee to the applicant.
[Amended 12-30-1981 by Ord. No. 849; 3-26-1987 by Ord. No. 945]
The annual license fee to be paid for said license
shall be the sum of $500.
In all cases where the applicant is not the
owner of the site of the proposed location where the business is to
be conducted, the owner's consent in writing shall first be endorsed
upon the application.
In all subsequent renewals thereof, it shall
suffice merely to certify, under oath by said applicant, all substantial
and material changes, if any, in the information as set forth in the
original application, provided application for renewal is made prior
to expiration of current license.
All licenses issued pursuant to and in conformity
with this chapter may be suspended or revoked by the Township Council
for cause, after notice to the licensee.
Any person, firm or corporation violating any
of the provisions of this chapter shall forfeit and pay a fine of
not more than $200 for each offense or suffer imprisonment for not
more than 90 days in the county jail for each offense, or both, in
the discretion of the Judge. Each day that automobiles are kept in
any lot, open space or temporary structure for the purpose of engaging
in the business of selling, trading or exchanging new or used motor
vehicles without a license shall constitute a separate offense.