[HISTORY: Adopted by the Township of Howell by Ord. No. O-91-47 (§ 4-11 of the 1974 Code). Amendments noted where applicable.]
Certain words, phrases and terms in this chapter shall have the following meanings:
AUCTION
A sale of goods at public outcry, to the highest bidder.
LICENSEE
The person, firm or other entity who applies for and/or is granted the license required by this chapter and is responsible for the fulfillment of its requirements.
No person or entity shall operate any establishment or utilize any premises in the Township as a used automobile auction unless and until a license has been obtained for same and it is operated in accordance with the terms and provisions of this chapter and conducts the auction in accordance with the terms of the license, zoning approvals and local and state law.
A. 
Every applicant for a license under this chapter shall file, in duplicate, a written application signed by the applicant, which application shall state:
(1) 
The name and address of each applicant and if a corporation, the name and address of all officers, registered agents, directors and shareholders, unless same is a publicly traded corporation.
(2) 
The place where the auction is to occur. If the applicant is not the owner of the site where the auction is to occur, the owner's consent to the auction shall accompany the application.
(3) 
The frequency and times of day of the auctions being requested.
B. 
Every such application shall have attached thereto a sketch or drawing of the property where the auction is to occur showing thereon the names of all streets and the names of all property owners abutting or adjoining the premises and showing the dimensions of the property.
All applications shall be accompanied by cash or certified check payable to the order of the Township in a sum equaling the whole license fee, which shall be returned in the event that the license is refused, less an amount as set forth in Chapter 139, Fees.
[1]
Editor's Note: Specific fee amounts were removed from this section in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current application fees, see Ch. 139, Fees, Art. III.
The annual license fee shall be as set forth in Chapter 139, Fees.
[1]
Editor's Note: Specific fee amounts were removed from this section in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current license fees, see Ch. 139, Fees, Art. III.
Each application filed with the Township Clerk as provided herein shall be presented to the Mayor and Township Council not later than the second regular meeting following the filing of such application, at which meeting the Mayor and Township Council may act upon any application so presented, or at any subsequent meeting to which they shall defer action thereon, and no license shall be issued by the Township Clerk until the issuance thereof has been duly approved by resolution adopted by the Mayor and Township Council. Upon approval by the Mayor and Township Council the Clerk is thereafter authorized to issue the license upon the compliance by the applicant with all the terms and conditions of this chapter.
All licenses issued pursuant to this chapter shall expire after one full calendar year and all licensees desiring to continue in such business after the expiration of any license granted hereunder shall make application at least 45 days prior to the expiration date for a new license for the ensuing year and shall pay the license fee in like manner and amount as for the issuance of the original license.
A separate license shall be obtained for each separate location at which an auction is to be conducted, and the license shall authorize the licensee to conduct a used automobile auction only at the place specified in the license, and, in accordance with the terms and conditions of its approval, a license shall not be assignable or transferable to any other person or entity.
No licensee shall conduct an auction or be granted a license to auction unless the following requirements are met:
A. 
No automobiles to be auctioned shall be stored within 500 feet of any dwelling, house, place of residence, church, school, auditorium, place of public gathering or like place except such dwelling house as may be situated on the licensed premises.
B. 
The VIN numbers of vehicles to be auctioned shall be submitted to the Chief of Police 48 hours in advance of the auction at which they are to be sold.
C. 
All necessary titles are to be secured by the auctioneer at his expense.
D. 
Only operable vehicles are to be auctioned.
E. 
Adherence to all zoning and land use ordinances and conditions of zoning approvals shall be strictly followed.
F. 
Adherence to all other local and state laws.
Any licensee shall allow inspection of any motor vehicle on the licensed premises for the purpose of locating lost or stolen vehicles by any official of the Township, police officers, and any other law enforcement agency or agent.
All licensed premises shall be subject to inspection at all times by the Township Council or any of its duly authorized agents, and every license issued shall be kept in a conspicuous place on the licensed premises and shall be produced and available for inspection by any of the officials mentioned in this section or in § 61-10.
Every licensee shall keep a written book or record at the licensed premises which shall at all times be open to the inspection of any of the persons mentioned in §§ 61-10 and 61-11 and in which book the licensee shall record the description and VIN number of all automobiles auctioned, the name and address of the person from whom the vehicle was obtained and to whom it was sold.
No licensee shall conduct his business or occupation at any premises in the Township on a Sunday or at any other time other than between the hours of 8:30 a.m. and 5:00 p.m. in the evening. The license shall state the hours of operation, frequency of auction and days of week permitted.
A. 
The Mayor and Township Council may revoke any license granted hereunder or may suspend any license granted hereunder, after reasonable opportunity for the licensee to be heard, for violation of this chapter, any Township ordinance which may affect the operation, conditions of licensing and/or conditional use approval or in the event the licensee is convicted of a crime involving the sale or possession of stolen vehicles or odometer tampering.
B. 
In addition to the above penalties, any violation of this chapter shall be subject to a fine of up to $1,000 or 30 days in jail, or both, at the discretion of the court.