[HISTORY: Derived from Ch. IV, Sec. 4-10, of the Revised General
Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
- FILLING STATION
- Any building, structure or premises, enclosure or other place within the borough where a container or containers, tank or tanks, whether portable or stationary, and containing either carbon bisulphite, gasoline, naphtha, benzole, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene, turpentine or other inflammable liquids, having a flash point below 165º F., are kept or located for the purpose of selling, offering for sale or distributing any such liquids from such containers, tank or tanks; provided, however, that the provisions of this chapter shall not apply to any place where such inflammable liquids are kept or sold for medical or household purposes.
No person shall manage, conduct, operate or carry on the business of
a filling station without first having obtained a license therefor, as hereinafter
provided. All gasoline pumps, tanks or other containers for which permits
or licenses have been heretofore granted shall be and become subject to the
terms of this chapter and amendments thereto; and persons to whom licenses
have been granted shall forthwith apply for a license under the terms and
provisions of this chapter.
No license granted under the provisions of this chapter shall be assigned
or transferred to any other person, firm or corporation, nor shall any person
other than the licensee named therein do business or act under such license,
except after written application similar to the application for license and
approval in writing by the Mayor and Council of the borough.
No license issued under the provisions of this chapter shall authorize
the maintenance of the business of a filling station on any but the location
specified therein.
All applications for licenses shall be made in writing to the Mayor
and Council and all applications for licenses shall contain the following
information:
A.
Specifying the location of the building and premises.
B.
The written consent of the owner or owners of the land
whereon such station is proposed to be built or operated.
C.
A statement of the size of the tank or tanks and the
quantity of gasoline to be stored therein.
D.
The type and construction of the tank or tanks and the
material of which the tank or tanks are to be constructed.
E.
The minimum depth of the top of tank or tanks below the
ground where the same is placed.
F.
The method of extracting gasoline from the tank.
G.
A statement of the dimensions of the building and the
material (in relation to fireproof qualities) to be used.
The license application shall be reviewed by the Building Subcode Official
and an official designated by the Fire Prevention Bureau. The former official
shall certify on the application as to its compliance with municipal regulations
regarding zoning, building and other ordinances; and the latter official shall
certify as to its compliance with the municipal fire prevention regulations.
After certification by the aforementioned officials, the license application
shall be approved or denied by the Mayor and Borough Council. Following approval
of the application, the license shall be issued by the Borough Clerk. An applicant
whose petition for a license has been rejected by one or both of the aforementioned
officials may appeal to the Borough Council, which may reverse the rejection
by approving the application if the facts disclosed at the appeal hearing
reveal compliance with the municipal ordinances and regulations.
No license shall be granted except upon payment of a license fee at
the annual rate of $25.
Each filling station shall be conducted and maintained in accordance
with the provisions of the ordinances of the borough. Each filling station
shall be inspected at least three times every year by an official of the Fire
Prevention Bureau. It shall be the duty of the person making such inspection
to see that the premises are maintained in compliance with this chapter and
other ordinances of the borough, to see that there is no dangerous accumulation
of waste or other combustible material on the premises and to report to the
Fire Prevention Bureau any violation of ordinances which may be discovered
during such inspection.
Any license issued shall be revocable by the Borough Council after hearing
and good cause shown, upon 15 days' notice in writing to be given the licensee
either by serving the same upon him personally or his surety, or by leaving
the same at the place of business of such licensee.
