[Adopted 12-21-1971 as Ch. VII, Sec. 7-10, of
the 1971 Code]
No person shall use any vacant property or any portion of a lot outside
of a building for the storage and sale of used or new motor vehicles without
first obtaining a license.
[Amended 2-20-1979 by Ord. No. G-141-79]
Any person selling more than two new or used cars within one year shall
be considered a new or used car dealer required to be licensed under this
section. Wherever two or more motor vehicles are stored on any vacant lot
or land for sale, whether adjacent to a duly established garage, service station
or any other motor vehicle business or not, a license shall be required, and
a separate license shall be required for each separate lot or parcel of ground
upon which the business is conducted. Where several lots are contiguous to
each other and the business is conducted on all of the lots, only one license
shall be necessary. Applications for licenses for new or used motor vehicle
dealers shall be made to the Construction Official, who shall be the issuing
authority.
In addition to the requirements of § 249-2, the applicant shall prove:
A.
That he is a holder of a new or used car dealer's
license from the Division of Motor Vehicles and dealer's license plates
issued by the Division of Motor Vehicles or present satisfactory proof that
the applicant will be granted a new or used car dealer's license and
dealer's license plates by the Division of Motor Vehicles upon the granting
of the permit by the township to the applicant to engage in the business of
selling new or used cars.
B.
That the owner of the premises consents to the use of
the premises for the license.
Certificates of public safety and occupancy shall be obtained from:
A.
The Police Chief stating that the traffic hazard and
safety of the public is not endangered by the granting of the permit to the
applicant.
If either the Police Chief or the Bureau of Fire Prevention refuses
to issue a certificate, the applicant shall have the right of appeal to the
Township Committee, which, after a hearing, may issue the certificate denied
by the Police Chief or the Bureau of Fire Prevention.
Every applicant for a license shall, at least one week prior to the
date upon which the application is to be made before the Township Committee,
give written notice to all owners of property located within 300 feet of the
premises where the business is to be located by serving the same personally
or by registered or certified mail, return receipt requested. Written proof
of service and the giving of notice shall be filed with the Township Clerk
prior to the date of the hearing.
The hearing shall be held in accordance with the procedure set forth in Chapter 203, Licenses. The Township Committee shall grant the license if it is satisfied by a preponderance of the evidence that granting the license shall not be detrimental to the public health, safety and welfare of the township.
No licensee hereunder shall purchase a motor vehicle from any person
under the age of 18 years.
No motor vehicle shall be placed by the licensee on the sidewalk or
any part thereof, nor shall the licensee use the street or any part thereof
for the storage, display or sale of a motor vehicle, nor shall he encroach
on neighboring property.
All licensed premises shall be open for inspection at all times by members
of the Police Department and other representatives of the township.
The licensee and any person employed by him to whom is offered for sale
any motor vehicle, part or accessory from which has been removed, defaced,
covered, altered or destroyed the manufacturer's serial number or any
other identification shall immediately notify police headquarters.
[Amended 10-20-1992 by Ord. No. G-325-92]
The annual fee to be paid for a new or used motor vehicle dealer's
license shall be $50.
Any person, firm or corporation who shall violate any of the provisions
of this Article shall, upon conviction, be punishable by a fine not exceeding
$1,000; imprisonment for a term not exceeding 90 days; and/or a period of
community service not exceeding 90 days.
