[HISTORY: Adopted by the Village Board of the Village of Shorewood
as indicated in article histories. Amendments noted where applicable.]
[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.
A.
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.
B.
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]
C.
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:
A.
Name and address of applicant.
B.
The address and location of premises sought to be licensed.
C.
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.
D.
If a partnership, the names of the partners and their
residences;
E.
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.
F.
Such other reasonable and pertinent information as the
Village Board or Village Clerk may from time to time require.
A.
All premises whereon is conducted the business herein
licensed shall be:
(1)
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.
(2)
Adequately drained in such an approved manner as to prevent
surface water flowing from the premises onto the street, walks or onto adjoining
premises.
(3)
Screened from any adjacent or adjoining residential property as provided in § 535-49G(2) of this Code, except that this provision shall not require screening along the frontage of the premises upon which licensee's motor vehicles shall be located.
B.
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]
