[HISTORY: Adopted by the Village Board of the Village of Shorewood as indicated in article histories. Amendments noted where applicable.]
Article I Used Car Dealers
[Adopted as Ch. 10, Arts. 6 and 18 of the 1986 Code]
No person, firm or corporation shall engage in the business of buying, selling, exchanging, or dealing in used or secondhand automobiles for profit on a full- or part-time basis without first having obtained a license therefor as hereinafter provided.
No license shall be granted to any person, firm or corporation who or which has not complied with all filing, licensing and fee requirements of the State of Wisconsin relating to used and new car dealerships.
In addition to the requirements of Subsection A above, no license shall be granted unless the person, firm or corporation applying for the same has secured a manufacturer's authorization to sell, and does sell, said manufacturer's newest and latest models of automobiles on the same premises within the Village of Shorewood or on premises immediately adjacent thereto. Excepted from the provisions of this subsection shall be off-site motor vehicle sales offices where motor vehicles are not kept, stored or located in the Village. The provisions of § 506-4 related to the condition and maintenance of licensed premises shall not be applicable to off-site motor vehicle sales offices.
[Amended 9-19-1994 by Ord. No. 1701]
Upon approval by the Village Board, the Village Clerk shall issue the license, specifying the premises where the business is to be conducted.
Written application for a license to buy, sell, exchange or deal in used or secondhand automobiles, with the required fee, shall be filed with the Village Clerk on or before June 1 of each year in order to become effective on July 1 of each year, the application to be then forwarded to the Chief of Police for investigation and then presented to the Village Board. Each application shall state:
Name and address of applicant.
The address and location of premises sought to be licensed.
Names of person, officers and their residences, where the applicant is an association or a corporation, together with the state of incorporation. It shall also contain the names of one or more persons whom such corporation or association shall designate as manager or persons in charge, with the address or addresses of the same.
If a partnership, the names of the partners and their residences;
Whether the applicant, if an individual, or the manager or person in charge, if a corporation or an association, is a full citizen of the United States and has resided in the State of Wisconsin continuously for a period of at least one year prior to the filing of said application.
Such other reasonable and pertinent information as the Village Board or Village Clerk may from time to time require.
All premises whereon is conducted the business herein licensed shall be:
Paved with a hard surface having a good and sufficient base of asphalt or concrete topping thereon and shall be kept in a dust-free condition at all times.
Adequately drained in such an approved manner as to prevent surface water flowing from the premises onto the street, walks or onto adjoining premises.
The licensee of all premises whereon is conducted the business herein licensed shall shield, hood or cover any outdoor lighting installation so that the glare or illumination cast therefrom will not disturb the comfort, quiet and repose of persons living across therefrom or on the adjacent, adjoining or abutting property or in the surrounding area; where not specifically otherwise regulated, such installations shall not exceed 15 feet in height nor be located less than three feet from any abutting property line; such lighting shall be extinguished no later than 10:00 p.m. each night.
Whenever any applicant seeking a license shall have complied with all the conditions and regulations herein contained relative to the filing of the application, it shall be the duty of the Village Clerk to forward said application to the Chief of Police and the Village Board. The Chief of Police shall cause to be investigated each application and file his report and recommendation with the Village Clerk for the Village Board.
No license shall be transferable from one person, firm or corporation to another.
[Amended 5-6-1996 by Ord. No. 1729]
The fee for each license, either for the whole or the fraction of a year, shall be as enumerated in the Village Fee Schedule. The license shall be issued by the Village Clerk upon presentation of a receipt showing the payment of the fee to the Village Treasurer.
Every person, firm or corporation engaged in business under such license shall keep daily records of all used or secondhand automobiles bought, exchanged or traded in, specifying in detail the motor number, serial number of chassis, model and style, purchase price, whether or not the automobile sold has been used as a public hack or taxicab or for public transportation, and names and addresses of persons involved in the transaction, which records shall be preserved and made available to the Police Department on demand.
It shall be unlawful for any person, firm or corporation doing business under such license, or any of its agents or employees, to buy, sell, deal in, exchange, demonstrate or loan any used or secondhand automobile on Sunday or any legal holiday.
Any violation of the terms of this article shall be cause for revocation of the license by the Village Board upon five days' notice of hearing to the licensee and after hearing.
Subject to other provisions of this article, any person aggrieved by an administrative ruling, judgment or decision may appeal for a hearing before the Board of Appeals within 10 days after the issuance of such ruling, judgment or decision. A nonrefundable appeal fee as provided by the Village Fee Schedule shall accompany each and every appeal brought hereunder. The Village Clerk shall give notice of a hearing to the appellant, to be held within 30 days after service of the notice on the appellant, said service to be served either personally or by certified mail addressed to the appellant's last known address. All other interested parties may be given written notice of said hearing by regular mail. Upon conclusion of the hearing held by the Board of Appeals, the Board shall make a ruling. The written decision of the Board shall be mailed to the appellant by the Village Clerk within 10 days of said decision. Any determination by the Board of Appeals may be appealed to the Circuit Court of Milwaukee County as provided by law.
[Amended 2-4-1991 by Ord. No. 1596]