Runnemede City Zoning Code
§ 395-17
Used automobile businesses.
[Amended 4-5-1988 by Ord. No. 88-5; 3-2-2010 by Ord. No. 10-04; 9-4-2001 by Ord. No. 01-15; 8-7-2024 by Ord. No. 24-17]
A. HIS PERSON USED MOTOR VEHICLE and USED MOTOR VEHICLE DEALER
Definitions. For the purpose of this section, the following words and terms when hereinafter used shall have the meanings ascribed to them as follows:
Includes "their," "her" or "its."
Includes any individual, firm, partnership, corporation, receiver, trustee, executor and administrator.
Shall have the same meanings as those given in N.J.S.A. 39:10-2, which statute is a part of the Motor Vehicle Certificate of Ownership Law.
B.
A used car business shall be considered and treated as one business if such business is conducted on two separate but contiguous lots or in buildings on two separate but contiguous lots, and it shall also be considered as one business even though it is conducted on two separate noncontiguous lots or in buildings which are located on two noncontiguous lots, provided that the boundaries of any part of such lots, or of lots having buildings thereon, on or in which such a business is conducted, are not separated by more than 100 feet, and also provided that only one office or headquarters controls, operates and manages the entire business and that it is one operation. The application for a license, as hereinafter provided, shall include the description of the entire area or areas on or in which such business is to be conducted, and one license shall be issued for the entire operation.
C.
No person shall hereafter conduct or engage in the business of selling used motor vehicles on any lot or inside of any building in the Borough of Runnemede without first obtaining a municipal license for such purpose. In order to obtain the license, as aforesaid, it shall be necessary for the person desiring to engage in the business aforesaid to file an application therefor with the Clerk of the Borough of Runnemede, which application shall contain the following information:
(1)
If the applicant is an individual trading in his own name, then his name and the place of his residence; if the applicant is a person trading under a trade name, then his name and the place of his residence and the trade name under which he does or intends to do business.
(2)
If the applicant is a partnership, then the names and addresses of the respective partners and the trade name under which the partnership does or intends to do business.
(3)
If the applicant is a foreign corporation, then the name of the state in which it is incorporated and a statement as to whether or not the corporation is licensed to do business in the State of New Jersey and the name of the registered agent and the names and places of residence of its officers and directors.
(4)
If the applicant is a domestic corporation, then the name and address of its registered agent and the names and places of residence of its officers and directors.
(5)
If the business is to be conducted on an open lot, a description by distance or measurement of such lot intended to be used by the applicant in the conduct of such business.
(6)
The name and address of the corporate surety on the applicant's bond as required by Subsection E(3) of this section.
(7)
A plan or survey showing the existing or proposed entrance or entrances, exit or exits to the premises at or on which said business is to be conducted.
(8)
The size, location and description of any existing structure on such lot or any proposed structure which is to be constructed and maintained on any such lot and the location and description of the sanitary facilities and rest room accommodations which must be maintained upon or in connection therewith or which are located within a reasonable distance of such open lot or structure on or at which such business is to be conducted and which is described in the application.
(9)
The number and date of issue of a license from the Motor Vehicle Division permitting the operation of a business for the buying and selling of used motor vehicles.
D.
General regulations.
(1)
Every such open lot or place of business used or intended to be used by licensees under this chapter shall have maintained on the premises where such business is to be conducted or in connection therewith, or within a reasonable distance thereof, sanitary facilities in accordance with the regulations of the Board of Health of the Borough of Runnemede.
(2)
Every structure of any kind or nature erected on such lot shall also comply with the building regulations of the Borough of Runnemede.
(3)
Every open lot used in the conduct of such business shall be illuminated from 1/2 hour after sunset to sunrise of each following day with electric lights which shall be installed and maintained in accordance with the rules and regulations of the underwriters and shall be subject to their approval or disapproval.
(4)
Every applicant, as aforesaid, shall furnish with his application a plan showing at least one entrance or approach to said place of business from the street immediately adjacent thereto, which entrance shall not be constructed or maintained until the licensee has reset the curbing and reconstructed the adjoining sidewalk in accordance with the rules and regulations of the Borough of Runnemede; provided, however, that such licensee, upon abandonment of the business, as aforesaid, shall replace forthwith the curbing and sidewalk in conformance with the rules and regulations of the Borough of Runnemede pertaining thereto.
(5)
Number of licenses; existing licenses; district restrictions.
(a)
The number of municipal licenses to be issued for the purposes of operating used automobile businesses shall be limited to three.
(b)
All licenses issued at the time of passage of this amended Subsection D(5) (five total) shall remain in full force and effect subject to the conditions of this chapter until such time as that particular used automobile business is abandoned, the license is not renewed or there is a change of use of the property or any other reason set forth in § 395-19. The existing licenses are not transferable from place to place in the Borough, except to the SED District, per Subsection D(5)(c) below.
(c)
A used automobile business shall only be permitted in the SED (Special Economic Development) District. All used automobile locations presently licensed in the Borough of Runnemede at the time of passage of this amended Subsection D(5) shall remain in full force and effect subject to the conditions of this chapter, until abandoned, the license is not renewed or there is a change of use of the property or any other reason set forth in § 395-19. The existing licenses are not transferable from place to place in the Borough, except to the SED District.
E.
Conditions.
(1)
As a condition precedent to the issuance of a municipal license, as aforesaid, the applicant shall obtain permits, and shall pay the fees established therefor, from the Construction Code Official and any other agents or agencies of the Borough of Runnemede that may require the issuance of permits for any purpose that may be associated with the requirements for operation of a business as herein specified and shall also produce, for inspection, the license issued by the New Jersey Motor Vehicle Division for the operation of a business as a used motor vehicle dealer.
(2)
Each applicant, after his request has been properly approved, shall pay to the Clerk of the Borough of Runnemede an annual license fee of $50 before such license may be issued to him, which license fee shall be an annual license fee, and such license shall expire on the 31st day of January in each calendar year. Such license fee shall be prorated on a monthly basis with relation to the month of issuance and the time of expiration.
(3)
Prior to the issuance of the license for the purpose aforesaid, the applicant shall make, execute and deliver a bond to the Borough of Runnemede in the amount of $1,000, conditioned upon the faithful performance of the terms of this chapter, with a corporate surety thereon, which corporate surety must be authorized to do business within the State of New Jersey, and such bond shall be subject to the approval of the Solicitor of the Borough as to form and content; such corporate surety bond shall be conditioned upon the faithful compliance and obedience of the licensee with the provisions of this chapter.
(4)
In addition to the requirements herein stated, such licensee shall comply with any rules and regulations hereafter promulgated by the Mayor and Borough Council of the Borough of Runnemede or any of its agencies with respect to the conduct of such business, as aforesaid.
F.
Administration.
(1)
Every application received by the Borough Clerk for the purpose aforesaid shall be reported by him at the next following regular meeting of the Mayor and Borough Council of the Borough of Runnemede, and no license shall be issued by the Borough Clerk until such application shall have been approved by the Mayor and Borough Council.
(2)
Any license issued hereunder may be revoked by the Mayor and Borough Council of the Borough of Runnemede for the violation of any of the terms of this chapter, but such revocation shall not relieve the licensee from any of the penalties herein provided.
(3)
Any person conducting a business, as aforesaid, at the time of the adoption of this chapter shall not be required to comply with the provisions of Subsections D(4) and E(1) and (4), and nothing herein contained shall be construed to prevent any person presently operating such a business, as aforesaid, from carrying on such a business without securing a license therefor for a period of 60 days following final publication of this chapter.
(4)
If any provision of this section is contrary to the provision of any New Jersey statute or to any rule or regulation of the Commissioner of Motor Vehicles of New Jersey, then to the extent of such inconsistency, the statute or the rule or regulation, as aforesaid, shall control.