[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 4-18-2006
by Ord. No. O:2006-18. Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to use any
vacant lot, open space or temporary structure within the Town of Phillipsburg
for the purpose of engaging in the business of selling, trading or exchanging
used motor vehicles, or the display of motor vehicles, without first obtaining
a license therefor from the Town of Phillipsburg as hereinafter provided.
A.
Every applicant for such license shall file, with the
Town Clerk of the Town of Phillipsburg, a written application signed by the
applicant, which said application shall set forth, under oath, the following
information:
(1)
The name and address of the applicant.
(2)
Local and permanent addresses and the telephone number
of the applicant.
(3)
The name, local address and telephone number of the manager
of the business if different from the applicant.
(4)
If the applicant is a corporation, the name and address
of its registered agent.
(5)
The federal employer identification number if the applicant
is a corporation, partnership or firm; the social security number if the applicant
is a sole proprietorship.
(6)
A certificate of inspection and a certificate of operator
registration issued by the Warren County Health Department as parts of the
application documents.
B.
All licenses shall expire on the last day of each calendar
year. Any change of ownership shall require a new application and license
with payment of fees therefor.
The annual license fee to be paid for said license shall be $700.
A.
Used car dealers shall be restricted to the B-2 Zone
and shall be deemed a conditional use in said zone, upon the conditions that
said used car dealer must, in all cases, be located immediately adjacent to
a New Jersey state highway or interstate highway.[1]
B.
In all cases where the applicant is not the owner of
the site of the proposed location where the business is to be conducted, the
owner's consent in writing must be included with the application.
A.
The Town, in considering the application, shall take into consideration
the nature and development of the surrounding property; the proximity of churches,
schools, public buildings or other places of public gathering; the effect
such business may have upon traffic conditions in the Town and the creation
of traffic hazards; the sufficiency in number of such other businesses of
the same character in the Town; the health, safety and general welfare of
the public; and the suitability of the applicant to establish, maintain and
operate such business and to receive a license therefor.
B.
All licenses shall be issued by the Town Clerk. In the
event any application is refused or denied, the Town Clerk shall forthwith
return the fee to the applicant.
Said license shall not be assignable or transferable and shall authorize
the licensee to conduct the business only on the premises specified.
All licenses issued pursuant to and in conformity with this chapter
may be suspended or revoked by the Town for cause, after notice to the licensee.
The licensee may request an appeal to be presented to the Town Council, whose
decision on said revocation shall be final.
A.
All used car dealers shall receive site plan approval and must
comply with all applicable Town Ordinances.
B.
No stripped, dismantled or wrecked automobiles shall
be displayed, stored or otherwise permitted on said licensed area.
C.
All automobiles shall be parked or otherwise stored at
all times in an orderly and uniform manner in single or double rows separated
by a lane or aisle no less in width than 12 feet. Such lane or aisle must
be provided adjacent to at least every two rows of parked vehicles and must
be so maintained and kept open at all times.
A.
Each and every person failing to comply with any of the provisions in this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article II, General Penalty, and the Municipal Judge before whom any such person may be brought may impose such punishment by fine or imprisonment in the county jail as he or she may see fit, not exceeding the maximum herein.
B.
In addition to being subject to the penalties provided
herein, any license or certificate of registration issued under this chapter
may be revoked or suspended for any intentional misstatement in any application
or for any violation of this chapter. No license shall be revoked or suspended
until the licensee has been afforded the opportunity to appeal said revocation
or suspension to the Town Council. Notice of the filing of a complaint that
seeks to suspend or revoke any license or certificate of registration issued
under this chapter shall be served on the defendant personally. This notice
will establish a date for a hearing to be held not more than 10 days from
the date of such notice, at which time the defendant shall have the right
to be represented by counsel, call witnesses, cross-examine witnesses produced
in support of the complaint, as well as such other rights necessary in order
to insure due process. Should any license or certificate of registration be
revoked or suspended, no part of the license or registration fee shall be
returned.
