[HISTORY: Adopted by the Township Council
of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 214 of the 1998
Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any business or place of storage which displays or offers
for sale one or more motor vehicles that are unfit for use; or used
parts of such motor vehicles equal in bulk to one or more vehicles.
The business of buying and selling used cars, and does not
include dealers in new motor vehicles who deal in secondhand motor
vehicles in the ordinary course of their business at the same location
from which the business of dealing in new motor vehicles is conducted.
No person shall operate or cause to be operated
a motor vehicle junk business or a secondhand motor vehicle business,
as defined in this chapter, without obtaining a license approved by
the Township Council.
Every applicant for a license to engage in said
business shall file with the Municipal Clerk, together with the license
fee required by this chapter, a written application, signed and sworn
to by the applicant or by an authorized officer of the applicant if
a corporation, which application shall state:
A.
The name and address of the applicant or applicants,
and if a firm or corporation, the names and addresses of the partners
or officers and the registered agent. If the business is to be conducted
under a trade name, such name shall be stated in the application.
B.
The place of previous employment or occupation of
the applicant or applicants, or of the partners or officers, as the
case may be, and whether or not said applicant or applicants, partners
or officers have ever been convicted of a crime.
C.
The detailed nature of the business to be conducted.
D.
A sketch of the premises upon which the business is
to be conducted, showing dimensions and frontages or streets, the
distance to the nearest street intersecting the street upon which
the premises fronts, if an interior lot, and if a corner lot, showing
the streets upon which said lots front, and also showing existing
or proposed entrances or exits to said premises; and if a building
exists on said premises, showing the location of the same, or of any
proposed building and its type and dimensions.
E.
If the applicant is not the owner of the premises
where said business is to be conducted, the property owner's consent
to the carrying on of said business shall be endorsed on said application.
The annual license fee for a motor vehicle junk business or secondhand motor vehicle business shall be as set forth in Chapter 172, Fees.
Any license issued under this chapter may be
suspended or revoked for false statements contained in the application,
for violation of any of the provisions of this chapter, for commission
of a crime or the maintenance of a nuisance on the licensed premises
or in the operation of the licensed business or for any other just
cause by the Township Council after 10 days' notice, in writing, of
and then a hearing on the charges before the Township Council. No
license so revoked shall be reissued, except for good and sufficient
reasons shown by the applicant. Notice shall be deemed sufficient
if mailed by certified mail to the address of the licensed premises
shown on the most recent annual license application or by personal
service upon anyone in charge of the licensed premises during normal
hours of business.
Each lot licensed under this chapter shall be subject to the zoning regulations as set forth in Chapter 215 of this Code. Failure to comply with any of the provisions of Chapter 215 of this Code, including regulations regarding the parking of automobiles, artificial lighting, surfacing, entranceway and exits and drainage, shall constitute good cause to have such license revoked by the Township Council.
This chapter is deemed necessary and proper
for the safety and protection of persons and property in the Township
of Ewing and is passed for the purpose of regulating the business
subject to this chapter in the public interest.
Any motor vehicle junk business or secondhand
motor vehicle junk business which is adjacent to or visible from a
state highway shall be governed by the procedures set forth in N.J.S.A.
39:11-1 et seq.
