[HISTORY: Adopted by the Township Council of the Township of Brick 12-15-1970 by Ord. No. 93-70 (Ch. 296 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 237.
Land use — See Ch. 245.
Secondhand dealers — See Ch. 345.
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS OF SELLING OR EXCHANGING MOTOR VEHICLES
[Amended 8-23-1988 by Ord. No. 71-F-88]
A. 
Category 1. The offering of more than one motor vehicle at any one time for sale or exchange by exhibiting, storing, parking, locating or keeping such motor vehicles on any premises.
B. 
Category 2. The offering of more than one motor vehicle at any one time for sale or exchange where any such motor vehicles are not exhibited, stored, parked, located or kept upon those premises from which such motor vehicles are offered for sale or exchange.
C. 
Category 3. The offering of more than one motorcycle, all terrain vehicle or personal watercraft at any one time for sale or exchange by exhibiting, storing, parking, locating, or keeping such motor vehicles on any premises.
[Added 4-28-1998 by Ord. No. 71-G-98]
It shall be unlawful for any person, persons, firm, partnership or corporation to engage in the business of selling or exchanging motor vehicles without having first obtained a license therefor, as herein provided.
[Amended 7-13-1976 by Ord. No. 71-A-76; 9-28-1976 by Ord. No. 71-B-76; 12-12-1978 by Ord. No. 71-C-78; 3-19-1985 by Ord. No. 71-D-85; 6-28-1988 by Ord. No. 71-E-88; 8-23-1988 by Ord. No. 71-F-88; 4-28-1998 by Ord. No. 71-G-98; 6-12-2000 by Ord. No. 71-H-00; 11-28-2006 by Ord. No. 37-06; 2-12-2008 by Ord. No. 3-08]
A. 
The number of Category 1 licenses may be issued for the business of selling or exchanging motor vehicles in the Township of Brick is hereby limited to a total of 15 such licenses.
B. 
The number of Category 3 licenses that may be issued for the business of selling or exchanging motorcycles, all-terrain vehicles and personal watercraft in the Township of Brick is hereby limited to two such licenses.
Application for licenses to conduct business of selling or exchanging motor vehicles shall be made to the Township Clerk and shall be accompanied by the license fee hereinafter stated. Application forms, to be provided by the Township of Brick, shall contain the following information:
A. 
The full name and place of residence of the applicant. If the applicant is a partnership, the names and addresses of all members thereof shall be set forth. If the applicant is a corporation, the names and addresses of all of the officers shall be provided, together with the name and address of the registered agent authorized to accept service of process upon said corporation.
B. 
The location of the proposed licensed premises, giving the street address and lot and block numbers as shown on the official Tax Assessment Map of the Township of Brick, together with a sketch showing the dimensions of the land upon which the business is to be conducted and designating the area proposed to be used, together with the proposed location and dimensions of the motor vehicle exits from and entrances to the licensed premises.
[Amended 3-14-1989 by Ord. No. 666-8]
A. 
When considering an application under this chapter, the Council shall examine the qualifications of any applicant for a license or renewal thereof to determine if said applicant or licensee would conduct the licensed activity in a lawful manner and in accordance with the general laws and statutes of the state and ordinances of the Township of Brick, and it shall be guided in making its determination by the following factors, which shall be the standards upon which the determination of the Council shall be based:
(1) 
The Zoning Ordinance of the Township of Brick.[1]
[1]
Editor's Note: See Ch. 245, Land Use, Part 2.
(2) 
The Uniform Construction Code of the Township of Brick.
[Amended 3-14-1989 by Ord. No. 666-89]
(3) 
Any and all general laws and public health statutes and codes of the State of New Jersey applicable to municipalities.
(4) 
The report of the Board of Fire Commissioners.
(5) 
Reports of all Township officers, where requested by the Township Council.
(6) 
The existence of any convictions of any crimes, the reasons therefor and the demeanor of the applicant subsequent thereto, only where required pursuant to state statutes.
(7) 
The license history of the applicant; whether such person, in previously obtaining a license in this Township or any other municipality, has had such license rejected or suspended, the reasons therefor and the demeanor of the applicant subsequent to such actions; the timeliness of past applications for licenses; and the applicant's continued compliance with all license requirements after having been granted any previous licenses.
B. 
The applicant shall also submit proof of fee simple ownership of the premises to be licensed, or, in the alternative, the applicant shall file with the Township Clerk a duly executed copy of a lease for the premises involved, which lease shall have the duration of a minimum of one year from the date of the issuance of the license to the applicant.
[Added 12-12-1978 by Ord. No. 71-C-78]
A license shall be required for each separate and distinct location where said business is to be conducted. For the purpose of this chapter, a "separate and distinct location" shall mean any land, tract or parcel of land not exceeding 200 feet in width or one or more lots or parts thereof contiguous to each other not exceeding 200 feet in total width.
The annual fee for each said license shall be the sum of $125, and each license issued hereunder shall expire on the 31st day of December of each year in which said license was issued. The fee for each license issued on or after the first day of August of any year shall be $75, and said license so issued shall expire on the 31st day of December of the year in which issued.
The licenses issued hereunder are neither transferable nor assignable without the written consent of the Township Council, and the business shall be conducted only at the place specified therein.
Within 30 days after any such license is granted, the licensee shall cause to be done the following:
A. 
The area of land to be used under said license shall be graded and drained to dispose of all surface waters in such a manner that waters shall not be discharged upon or over any adjacent property or over any sidewalks during the period covered by the license.
B. 
Wherever artificial lighting is used on said licensed premises, said lighting shall be so installed and maintained that no disturbing glare will be visible on adjacent properties or to motorists using the public streets. The use of colored lights which may be mistaken for traffic lights or signals and artificial lights that change in intensity or produce a flashing or moving effect are hereby prohibited.
[Amended 4-28-1998 by Ord. No. 71-G-98]
A. 
The following restrictions are applicable to Category 1 licenses: The ignition key shall not at any time be left in any motor vehicle stored or parked on the premises when the licensee or his agent or employee is not in attendance.
B. 
The following restrictions are applicable to Category 3 licenses:
(1) 
The ignition key shall not be left in any motorcycle, all-terrain vehicle or personal watercraft stored or parked on the premises when the licensee or his agent or employee is not in attendance.
(2) 
Category 3 licensees shall be prohibited from storing, displaying, parking or selling motorcycles, all-terrain vehicles, personal watercraft or related merchandise outdoors.
(3) 
Category 3 licensees shall not engage in the sale or lease or display for sale or lease of automobiles or trucks.
No person, persons, firm, partnership or corporation shall conduct, operate or carry on the business of selling or trading motor vehicles between the hours of 9:00 p.m. and 8:00 a.m. prevailing time of the following day.
This chapter is enacted for the purpose of regulation and control of the business sought to be licensed hereunder pursuant to N.J.S.A. 40:52-1 and 40:52-2.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to the penalties hereinafter prescribed, any license issued hereunder may be revoked by the Township Council at any time for any violation of this chapter or for other legal cause, after notice to the licensee and a hearing.
[Amended 3-14-1989 by Ord. No. 666-89[1]]
Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties as provided in Chapter 1, § 1-15, General penalty. Any corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $2,000 which may be recovered in an action of debt. Each day that any violation of this chapter shall continue shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).