[HISTORY: Adopted by the Municipal Council of the City of Clifton
12-20-1960 by Ord. No. 3319 as Article 7 of Chapter 10 of the Revised Ordinances
of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Licensed businesses — See Ch. 303.
As used in this chapter, the following terms shall have the meanings
indicated:
- BUSINESS
- The buying, selling or offering for sale of more than three motor vehicles during any prescribed license period for profit.
This chapter is deemed necessary and proper for the protection of persons
and property, for the preservation of the public safety of the municipality,
and to reduce traffic congestion and hazards in the public streets and along
the county and state highways in the City.
It shall be unlawful for any person to use any land, building or premises
for the sale, or storage for sale, of used or new motor vehicles without first
obtaining a license therefor from the Council. A license shall be required
whenever more than one motor vehicle is stored for sale on any such land,
building or premises. A separate license shall be required for each separate
place or location of business.
[Amended 11-14-1966 by Ord.
No. 3728]
A.
Any person desiring a license under this chapter shall
file with the City Clerk an original and four copies of an application, under
oath, in writing, on a form furnished by the City Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's residence
address and date and place of birth.
(4)
If the applicant is a partnership, the full names, residence
addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity, in
the case of a corporation, the full names, residence addresses, dates and
places of birth of each major officer and each stockholder; the name and address
of the registered agent and the address of the principal office (The term
"stockholder," as used herein, means and includes any person owning or having
an interest, either legal or equitable, in 10% or more of the stock issued
and outstanding of the applicant corporation.); in the case of another entity,
the full names, residence addresses, dates and places of birth of each person
owning or having any interest, either legal or equitable, aggregating in value
10% or more of the total capital of said entity, the name and address of the
registered agent, if any, and the address of the principal office.
(6)
Whether the applicant or any partners, officers or stockholders
thereof have ever been arrested or convicted of a crime and, if so, the name
of the person arrested or convicted, the date of arrest, the crime or charge
involved and the disposition thereof. The term "officers," as used herein,
means and includes the president, vice presidents, secretary and treasurer
of a corporate applicant.
(7)
The business addresses of the manager or the person in
charge of the licensed premises during the five-year period preceding the
date of application.
(8)
A description of metes and bounds of the place where
the business is to be located and carried on.
(9)
A survey or scale drawing of the plot showing structures
and open areas to be used in the business; approved existing or proposed entrances
to and from the place where the business is to be conducted; the location
and place of said business; and the location and size of all structures and
fences thereon, and the setback thereof from street lines, and the location
and size of the area where motor vehicles (new or used) will be stored and
where such vehicles will be shown or displayed.
[Amended 4-5-1989 by Ord.
No. 5347-89]
(10)
If the applicant is not the owner of the site where said
business is to be conducted, the owner's consent to the conduct of said business
shall be endorsed on the application.
[Amended 11-14-1966 by Ord.
No. 3728]
A.
Upon receipt of such application, the City Clerk shall
submit the same to the Police Department, Fire Public Safety Department, Building
Department and Health Department for reports with reference to the compliance
or noncompliance of the proposed establishment with municipal and state rules,
regulations, statutes and ordinances and the truth of the matters contained
in the application. In addition to the foregoing, the reports of the respective
departments shall include the following:
[Amended 4-6-1971 by Ord.
No. 4037-71]
(1)
Police Department:
(a)
The traffic conditions, including a traffic count, which
prevail in the neighborhood surrounding the premises sought to be licensed.
(b)
A statement of whether, in the opinion of the Department,
the granting of the application would tend to increase traffic congestion
materially or to constitute a hazard to the public safety.
B.
Upon return of said application and reports, the City
Clerk shall submit the same to the Municipal Council for its consent and approval.
C.
Upon the consent and approval of the Municipal Council
and upon receipt of a copy of a certificate of occupancy for the licensed
premises from the Zoning Officer, the City Clerk shall issue such license.
[Amended 1-4-1983 by Ord.
No. 4776-83]
The annual fee for a license under this chapter shall be as follows:
A.
Two hundred seventy-five dollars for any licensed premises
having a square foot area of not more than 10,000 square feet, exclusive of
a showroom, garage or service station.
[Amended 6-5-1991 by Ord.
No. 5503-91; 1-2-2008 by Ord. No. 6711-08]
B.
Four hundred fifty dollars for any licensed premises
having a square foot area in excess of 10,000 square feet, exclusive of a
showroom, garage or service station.
[Amended 6-5-1991 by Ord.
No. 5503-91; 1-2-2008 by Ord. No. 6711-08]
C.
Such license shall run for a period of one year, commencing
January 1 and ending December 31 of the year of its issuance. If the license
is issued on or before June 30, the applicant shall pay the full fee for the
year. If the license is granted on or after July 1, the applicant shall pay
1/2 of the annual fee.[1]
[1]
Editor's Note: Original Section 10-105, License renewals; short form
application, which immediately followed this section, was repealed 11-14-1966
by Ord. No. 3728.
No license shall be granted by the Council if:
A.
The licensee has failed to comply with the provisions
of this chapter.
C.
The proposed licensed premises, if an open lot, do not
contain at least 5,000 square feet of usable area, except where said lot is
connected with and is part of a use such as a garage, service station or other
motor vehicle business.
D.
The individual applicant, or any officer or manager of
a corporate applicant, or the principals and manager of a firm applicant,
or any of them, have been convicted of the crime of larceny or receiving stolen
goods.
E.
The approval of the license will be detrimental to the
public health, safety, welfare and morals.
F.
The applicant is not the holder of a motor vehicle dealer's
license issued by the Director of Motor Vehicles of New Jersey.
The license shall authorize the licensee to conduct business only on
the premises specified in the license. Without the consent of the Council,
the license shall not be transferable to any other premises, nor assignable
or transferable in any manner.
All licenses are subject to suspension or revocation after due notice
and hearing by the Council for the violation of any of the terms of this chapter.
All licenses under this chapter shall, at all times, be subject to such
reasonable rules as may be made from time to time by the Council for the proper
operation and regulation of the places of business named in such license.
No motor vehicle for sale or exchange shall be exhibited, stored, parked
or located on the licensed premises within 15 feet of any building occupied
solely for residence purposes, or as a school, church or other place of assembly.
No open lot or property maintained by a licensee under this chapter
shall be used after sundown unless it is illuminated with electric lights
installed and arranged in such a manner as to deflect the light from the public
highways. No unshaded string of lights or unshaded streamers shall be permitted.
The purpose of this section is to eliminate the glare of lights on the public
highways in the City.
A.
There shall be maintained on each licensed premises or
within 200 feet thereof a rest room with toilet accommodations in accordance
with the sanitary regulations of the health ordinances of the City.
B.
Every office building or rest room constructed upon or
used by any licensed premises shall be constructed only after the plans for
such office building or rest room shall have been submitted to and approved
by the City Building Department.
No entrance or entrances shall be constructed or maintained by the licensee
until he has reset the adjoining curbing and reconstructed the adjoining sidewalk
in accordance with the rules and regulations of the Division of Public Works.
Upon abandonment of the business on the licensed premises, the licensee shall
forthwith replace the curbing and sidewalk in accordance with the rules and
regulations of the Division of Public Works.
The licensee shall not place any vehicle on the sidewalk, street or
the front yard between the street and the setback line applicable thereto.
The licensee shall not use or permit the use of the sidewalk, street or front
yard areas aforesaid for the storage, display or sale of motor vehicles, or
for the parking of any other vehicles on any of said areas.
No licensee, or his agent, shall knowingly buy, sell, receive, dispose
of, conceal or have in his possession any motor vehicle from which the manufacturer's
serial number or any other number or identification mark has been removed,
defaced, altered, tampered with, covered or destroyed for the purpose of concealing
the identity of such vehicle.
A.
Within 10 days after the issuance of a license under
this chapter, the open area included in the license shall be enclosed by a
fireproof barrier. Such barrier shall be set back in accordance with this
chapter and shall be of sturdy permanent construction conforming to the requirements
of the Building Code. The purposes of the barrier shall be the protection
of the general public from damage by rolling or moving motor vehicles. The
barrier shall be constructed to minimize said danger.
B.
The barrier shall be at least six inches high and shall
have no openings for entrance or exit along the street line except where the
street curb has been lowered in accordance with City regulations or, if the
licensed premises front on a county or state road, then in accordance with
the applicable county or state requirements if such requirements are more
restrictive than the City regulations. Such openings shall not exceed, in
number or width, the portions of the curb so lowered. Where the street curb
has not been lowered, there shall be permitted an entrance to the licensed
premises through such barrier, not exceeding four feet in width. All barriers
shall at all times be kept and maintained in proper repair during the license
period. No barrier shall be required where a building wall marks the boundary
of the licensed area, except as herein provided.
Every barrier required under this chapter shall be set back at least one foot from the front and side yard setback lines of the premises as prescribed by the City Zoning Ordinance. Where any portion of the licensed premises is situate so as to make § 445-11 applicable, then the barrier shall be apart from or set back at least 15 feet from the building and structures set forth in § 445-11.
The licensee shall not create or allow undue noise on the premises.
He shall not permit smoke or dust to escape from the premises so as to constitute
a public or private nuisance. He shall keep said premises in as neat and orderly
a condition as the nature of the business will allow.
[Amended 5-9-1969 by Ord.
No. 3912; 3-17-1970 by Ord.
No. 3969]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment for a
term not exceeding 30 days, or both. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
