[G.O. No. 786, § 1]
The words "open air lots for the sale, exchange or display of
motor vehicles" as used in this chapter, shall mean any open air plot
of ground, lot or land within the Town or any portion thereof where
used motor vehicles are exhibited or stored, parked, kept or located
for sale, exchange or display. For the purpose of this chapter, all
lands used for such purpose that are contiguous or connected by a
driveway or passageway or private property and not over a street,
sidewalk or highway shall be considered as one lot.
[G.O. No. 786, § 2]
No person shall manage, conduct, operate or carry on the business
of an open air lot for the sale, display or exchange of motor vehicles,
as defined by this chapter, without first having obtained a license
therefor and paid the required fee. A separate license shall be required
for each separate place of business.
[G.O. No. 786, § 3; G.O. No. 943, § 1]
(a)
Applications for a license for the business of managing, conducting
or carrying on an open air lot, as described in this chapter, shall
be made to the Town Clerk and shall accurately specify the location
of the open air lot, as shown on the tax map of the Town, the portion
of the lot to be used for such purpose and the number of square feet
of area to be occupied thereby. Each such application shall be accompanied
by a map, sketch or survey accurately showing the foregoing items.
Applications for licenses shall be made on or prior to January 1 of
each year.
(b)
Upon the expiration date of the license initially issued by the Town
Council, the license may be renewed by filing a renewal application
form with the Town Clerk. The Town Clerk will request inspection of
the licensed premises, operation or device by the affected departments
in accordance with inspection schedules approved by Town Council to
assure compliance with all Town codes on the part of the applicant.
Violation of any section of any Town code will constitute a basis
of denial of the application for renewal. The Town Clerk shall also
request a statement from the Tax Collector as to the tax records of
the applicant. Delinquent taxes shall be noted on the application,
and shall constitute a basis of denial of the application for renewal.
Delinquent taxes are hereby defined as taxes due from previous years.
Upon receipt of departmental reports certifying that the premises,
operation or device conforms with all Town codes, the Town Clerk shall
issue a renewal of the license for the term as specified. The Town
Clerk shall file a monthly report with the Town Council, listing the
renewal licenses issued during the month. The report shall specify
the following:
(c)
The Town Clerk shall also file a monthly report with the Town Council,
listing the applications for renewal licenses which have been denied
and the basis for the denial.
[G.O. No. 786, § 4; G.O. No. 1162, § 1]
The annual license fee for each open air lot shall be $100;
provided, that the license fee for a gasoline service station or similar
place of business whereon not more than two such motor vehicles shall
be exhibited or displayed for sale or exchange at any one time shall
be $50.
[G.O. No. 786, § 5]
The license fee provided for in Section 30-4 shall cover a period of one year commencing on January first and ending on December 31st of each such year. If at the time of filing the application for such license, less than six months of the licensed year have expired, the applicant shall be required to pay the full fee for the year, but if six months or more of such licensed year shall have expired, the applicant shall be required to pay 1/2 of the fee for the balance of such year.
[G.O. No. 786, § 6]
Any license granted under this chapter may be revoked by the
Mayor and Town Council for good cause shown after five days'
notice in writing to the licensee and upon hearing before the Town
Council or the license committee thereof of the charges presented.
No license so revoked shall be reissued, except for good and sufficient
reasons shown.
[G.O. No. 786, § 7; G.O. No. 790]
The number of licenses which may be issued for lots regulated
by this chapter within the Town is hereby limited to nine; provided,
that additional licenses may be issued for the following:
(a)
To a presently established and authorized new car agency, operating
in the Town and holding a franchise from a manufacturer of motor vehicles
for the sale of new vehicles furnished by such manufacturer where
the agency does not maintain such a lot on the effective date of this
chapter.
(b)
To a bona fide agency, which may hereafter be established and authorized
as an agency in the Town, holding a franchise from a manufacturer
of motor vehicles for the sale of new vehicles furnished by such manufacturer.
[G.O. No. 786, § 9]
No license issued under this chapter shall be transferred or
assigned, except with the consent of the Town Council, except in connection
with, and as an incident to the sale and transfer of a franchise granted
by a motor vehicle manufacturer to a new car sales agency. No license
issued under this chapter shall be transferred to a different location,
nor shall any premises licensed under this chapter be expanded or
extended without first obtaining the consent of the Town Council.
[G.O. No. 786, § 8]
The holder of each license issued under this chapter shall comply
with the following requirements. Each lot licensed under this chapter
shall be subject to the following conditions and provisions, and failure
to comply with any of same or the violation of any of the same shall
constitute due cause to have such license revoked by the Town Council:
(a)
Each licensed area shall be enclosed by a bumper rail of sturdy permanent
construction, erected to height sufficient to prevent automobiles
or motor vehicles from intruding on to the sidewalk beyond the property
line of the lot.
(b)
All automobiles or motor vehicles which are displayed for sale or
exchange shall at all times be parked or stored on the licensed lot
and shall at no time be permitted to stand or be parked on the sidewalks
or in the streets or roadways of the Town, either in front of or adjacent
to the licensed premises or elsewhere.
(c)
There shall be no openings for entrance or exit to or from such lot
along the street lines on which the same abuts, except where the street
curb has been lowered in accordance with this Code or other ordinances
of the Town, and only at such locations and in such manner as may
be approved by the Town Engineer.
(d)
Whenever artificial lighting is used on the licensed premises, the
same shall be so erected and maintained that no disturbing glare will
be visible to adjacent property owners or to motorists using the public
streets. No colored bulbs shall be permitted in such lighting that
might in any way be mistaken for or confused with traffic lights or
signals. All such lighting shall be turned off by 10:00 p.m. and all
day on Sunday; except that the licensee may maintain thereafter only
sufficient light to afford protection to the merchandise stored on
such lot.
(e)
Each licensed lot shall be surfaced with cracked stone, concrete
or asphaltic mix in a manner to be approved by the Town Engineer.
(f)
The surface of each licensed premises shall be constructed so as
to provide sufficient drainage to prevent an accumulation of water
thereon. In no instance will the open drainage of water over any sidewalk
be permitted. Such drainage is to be performed in a manner to be approved
by the Town Engineer.
(g)
The operation of any such lot and the sale or exchange of motor vehicles
thereon, is hereby prohibited between the hours of 10:00 p.m. and
8:00 a.m. on the following day during weekdays, and shall be prohibited
on Sundays, except between the hours of 10:00 a.m. and 5:00 p.m.
[G.O. No. 786, § 14]
Any building or structure hereafter erected on any premises
licensed under this chapter for use as a shelter or office or other
purpose shall be erected and constructed in accordance with the Building
Code of the Town.
[G.O. No. 786, § 11]
The provisions of this chapter shall not apply to any lot or
plot of land occupied by a public garage building wherein the business
of public automobile repair, storage or sales room is maintained or
conducted, nor to any lot or plot of land occupied by a building wherein
there is stored or displayed motor vehicles for sale, but this provision
shall not be construed to exempt any premises adjacent to any such
garage or building, even though on the same tract of land, from the
provisions of this chapter.
