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HomeMy WebLinkAboutCity Council Ordinance 1967-11VILLAGE OF PLY'sfOU H ORDINANCE NO. 67-!I AN ORDI: ANCF. LICENSING AND REGU- LAT DEALERS IN MOTOR VEHICLES I Iv' G 11E VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH DO PMRE13Y ORDAIN AS FOLLOWS Section 1. Amendment of Ordinance Code. The Ordinance Code of the Village of Plymouth is hereby amended to add the following there�.o as Section 1S of Chapter III thereof: "Section 18. MOTOR VEt1 ::LE DEALERS - LICENSING AND REGULATIONS. 18.01 - Definitions. The following terms as used -in this section shall havo the following meanings: (a) "Motor Vehicles" - Any now or used automobile, truck, or similar vehicle propelled by a motor. (b) "Dealer in Motor Vehicles" - Any person engaged ii. the uusiness of buying or selling or displaying ooffering for sale, motor vehicles, oittor now or used, as a principal business or occupation, .,r as an adjunct or incident Vo Lny o�har business or profession. 18.03 - Licenao R4)4t"i rod. No parson shall ang.,.Ze ' in the business of a dealor in motor veaiclas without first having obtainod a license from the Village Council, F B as hereinafter provided. 18.03 - Application. The application for a license E hereunder shall be made in writing, and si@ned and verified by the applicant, An forma to be provided by the Clorh- Administrator. Such application shah Mate tse nates of the applicant, his age, reoidence, whether a registered E voter of the Village of Plymouth, and if a partnership, the names of all of the partners, and be verified by one g f of them, and if a corporation, the names of all of the E officers thereof, and verified by an auz.orized officer, F and if additional licenses are applied = z, for more than i one place of business, the add.esses of such additional places of business shall also be stated. Such application r e shall state the business and residence addresses of the c P E applicant for a period of five years prior to the date i thereof and whether the applicant is the sole owner of the business to be conducted, and that no other persons j than those named in the application have any interest in e t the m;.nagement and control of such business. Such 6 application shall be accompanied by the favorable recommendation of two citizens of the Village of Plymouth wkp pay taxes upon real estate in said Village, attesting to 0 the ititegrity and business ability of the applicant, or if a partnership the same recommendation as to each of ,the partners, or if a corporation the same recommendation G as to the officers or managers thereof. This condition shall not be required upon application for a renewal. The Village Council may grant or deny any application Par a license and any license may be revoked by the Village Council for any violation of this ordinance. 18.49 - Place or Dusinoss and Transferability of License. Such license shall witherize the licensee to carry on such business only at the place designated therein, and no such lic3nso shall be issued unless the applicant therefor has an established place of business. Licenses may be issued upon the payment of the fees hereinafter provided to Ano applicant to carry on such business at more than ono place of busssuess, but separate licenses shall bo issued for each of such places of business. Licenses shall by transferable with the consent of the Village Council from one location to another, but not from one person to another, 18.05 - Licenses - Terms - Fee.-. (a) The license issued under the terms of this ordinance may be: (1) A dealer in used motor vehicles, -2- (2) A dealer in now rotor vehicles, and (3) A dealer in nes and used rotor vehicles. (b) fte atuatal tee for the licenses for the first place of business owned and operated 1W the licamsme shall bee ibr a denies in used motor vehloles, $25.001 Por a dealer in new motor vehicles, $25.00; ibr a combination of both such licenses, $35.001 and the amoral ilosase fee for the second and subsequent mokber of placer of b"Assem operated by one licensee shall be the sum of U5.00 for seed place of business more than one operated 1w Us sans person. .;.-coed and subsequent number of places of bomineas bw one licensee shad M oonatrued to meant the psrasa or parsons eared in Ahe t f :..$feel lfssams and me *Uw. 18.06 - Bond Required. Bach application shall be accompanied by a bond in the sum of Five Thousand -Dollars ($3,000.00), which shall run to the Village of Plymouth and be for the benefit of any person, firm or corporation who shall sustain any injury covered by the bond. Such bond shall be executed by the applicant as Principal and, as suroty, by a corporation which is lioonsod in thin State to transact the business of fidelity and surety insuranoo. The bond shall be conditioned that the principal will indemnify any and all persons, firms or corporations for any direct loss suffered by dishonesty on the part of the principal in the substitution of a motor vehicle or party thereof other then the one selected by the purchaser, failure through dishonesty to deliver a clear title to those legally entitled thereto, for any misappropriation of monvm or property belonging to a purchaser being made in pofwent of a motor vehicle sold by CIO principal, for any loos duo to an alteration of a motor vehicle - on the paint of -3- the principal so as to deceive the purchaser as to the year model of any motor vehicle sold, or for the violation of any of the provisions of this ordiw-nce. Any person, firm or corporation who sustains an injury covered by this bond may, in addition to -y other remedy that he may have, bring an action in his own :same upon the bond for the recovery of any damage sustained by him. Irrespective of the number of licenses issued and hold by any one person, firm or corporation, only one bond need be filed, which bond shall apply to and covor the business of the principal of said bond at all the locations for which licenses may be issued. 18.07 - Conditions of Operation. (a) All buildings or structures placed upon the promises 1 icohAod shall be of a peGoat nature. No tomporary buildings such as trailers, sheds, or other similar strut:tures shall be permitted. Such buildings or structures shall be built ani: constructed in accordance with the requirements of all building codes of the Village, Every such building shall be continually maintained in a good state cif repair. () No motor vuhiclos that are being purchased or adld by a liconsoe hereunder or his aganta or omployoca ih€tll be parked on the stmt or -alloy adjacent tc the li"nood promises, but all ouch vulAr.1e14 shall br� 1"&ted in an ord@rly 4rrangofzont on thq I iconood os at all times leaving, drive -v, -, of sufficient width between vehicles so that any vehicle can be driven or removed Pros the pronimm without the necessity of removing or moving any other vehicle looted thereon. (a) The grounds of all linansed pr@uises shall be kept in a Olean and neat condition at all tin", tree of a:@tun@, parts of vah Y1@g. Vapors, wo@ds, rete. No licans@o, his agents or omployacs shall aangag@ in or P@ ` - athe;r blowing of horns, flashing of vehicle lights or r4oi.ng of motors to the ftatutbance of persons occupying neighboring property. (d) No license issued hereunder shall be construed to pormic the sale of motorcycles or trucks over -4- 11 tons or trailer or house trailers on the licensed premises without special permission therefor, obtaia,ea from the Village Council at the time of issuance of the license. (e) The boulevard area adjacent to the licensed premises shall be sodded and .cpt in a neat and clean condition at all times, (f) Hereafter at the time of making a_p ication fcr � license for any premises the applicant shall provide a plot plan or drvri ng showing the total "zea of the premises, the location of streets or alloys ft0jacent to the premises, the location or propoa4: location of any building to be used in (.,,lection with such business, the proposed locatitz, size and kind of billboards or advertising signs, the proposed location of vehicle c,-_raaces and such other informat'on as the Villago Sazgineer may reasonably require relating to the use or proposed use of ti, uperty. Any license thereafter issuoa fc,. such premises shall be issued upon the c 4ition the promises will be used and operated _n he manner indicated. No such plot plan or drawing aeo,_I be 1p,vidod with any application for renewal of a license after such plan has been provided and approved by tho Council, unless the applieaut proposes to use the property in a mamor different from that ir.aicatod in the plan for which a license was previously granted. (g) Flood lights stall not be urtsd on the licensed premises, but stjriAg lighrs of a reflector type may be used. (h) The parking and norvico drive areas shall be hard tGdpod w*th fsi)italt or similar x&toriLl and such surfacing shall be kept in a state of good repair at all times. 18.48 - Business Practices. (a) Every licensee licensed under this provisions of this ordinance shall at the time of any sale, or sales, give and furnish to the purchaser of a motor vehicle, whether .used or neer, a plainly written statement signed by the licensee, his saloaman or agent, shoring Cho na of the licensee, his salcaman or agent, showing the nano of tho ligenseo and his a4drese, the na 't of the persons making the sato, the date of such sale, the purchnee price - whether in cash or on Corms, and if on terms, the exact terms, in- cluding insurance and interest, :if any, the -5- type and name of car, the factory year model, and the license, motor and serial numbers of such motor vehicle, and no sale shall be deemed to have been completed until the foregoing statement in writing shall have been delivered to the purchaser. j (b) The registration card for any motor vehicle sold shall be forwarded by the dealer to the Secretary of State of Minnesota not later than seven (7) days after the date of the sale, and it shall be unlawful for any dealer to receive and refuse to give to the owner thereof any registration card for the purpose of compelling the owner of such card to purchase a motor vehicle from the dealer. (c) No dealer shall advertise any motor vehicle as being sold by the owner thereof at the owner's horse or residence, if such motor vehicle is actually owned by hhe licensee and sold as a part of his business, and it shall be unlawful to park or leave on any public street or alley any motor vehicle which the licensee may have for sale as a part of his business as a dealer in motor vehicles. (d) If any liconsco shall sell a motor vehicle which is subject to a mortgage, lien or payment and this fact is known to the licensee or any person acting on his behalf, the licensee shall furnish a statement in writing to the purehasor, definitely stating the amount of such mortgage, lien or payments and the name and address of the hold&r or owner of such mortgage, lien or other indebtedness. If such mortgage, lien or indebtedness exists and is not disclosed by OD lic3nsee to the purchaser of the motor vehicle, the ?iconsee shall upon being informed thereof, pay the obligation represented by such mortgage, lien or indebtedness (e) Every licensed shall entirely closes his place or places of sale licensed hereunder and shall conduct no transactions relating to motor vehicles on or near said premises on any Sunday, legal holiday or on any other day after 9 P. M. or before 8 A. M. (f) It shall be unlawful for any licensee to turn back or roducc the mileage shown on the speedometer of any motor vehicle, and the licensee shall keep an accurate record of the mileage at the time the motor vehicle is acquired by him and shall accurately state in writing On the xalos agreement the number of miles as of -6- the date of the sale of such motor vehicle. (g) No licensee shall use any advertising, whether printed, by radio, television, display, or of any other nature which is not accurate in all its material particulars, or which misrepresents merchandise (including its use, trade -mark, grade quality, quantity, size, origin, material, conten or preparation of credit terms, values, policies, or services); and no licensee shall use adver- tising or selling methods which tend to or actually deceive or mislead the public. No licensee shall use advertising which refers inaccurately in any material particular to any competitor or his merchandise, pricou, values, credit terms, policies or services. (h) The term "Demonstrator" shall be understood to refer to a motor vehicle which has never been sold to a member of the public, and the terms "executives' or officials' cars" shall be used to described cars actually used by a bona fide executive or official of the manufacturer or dealer malting the sale offer, and no motor vehicle which is a demonstrator or an executive's or official's car shall be advertised or repre- sented as a new automobile. (i) No motor vehicle shall be advertised as "repossessed" or "sold for balance of contract due", unless such is actually the case and the automobile has been repossessed or is being sold for the balance due on the contract, and all motor vehicles which have been used as taxi -cabs, police cars, sheriff's cars, or for similar purposes, shall be accurately described as such in any advertisement or representation made rolat:,ng to such motor vehicle, (j) When in any advertisement relating to new motor vehicles the price is advertised, the advertisemen, shall clearly indicate if the price is subject to addition of state or local taxes, delivery charges, accessories or any other item, and when the price is included in an advertisement for used motor vehicles, such price shall be the complete drive -away price, exclusive of finance and insurance charges and license fees, which shall also be set forth in the advertisement and all such motor vehicles, both new and used, when so advertised, shall be in proper and efficient operating condition, unless otherwise plainly stated in the advertisement. (k) It shall be unlawful for any licensers to obtain the signature of a purchaser to any blank contract, bill of sale, or other writing or memorandum relating to the sale of a motor vehicle -7- (1) Whenever any such dealer, his agent, servant or employee shall sign or give to any person who sells to such dealer, a promissory note or notes in pari: or in 'full payment for a vehicle being purchased by said dealer with intent to defraud the seller thereof, the license of such dealer shall be revolved. The failure of such dealer to pay any such promissory note when due, shall be prima facie evidence of intent to defraud such seller. (m) No agent or employee of any licensee under this ordinance shall do or perform any act which the licensee is prohibited from doing hereunder, nor fail to perform any act required by the licensee hereunder insofar as the acts of such agent or employee relate to the conduct of the business of the licensee nor shall any licensee suffer or permit such agent or employee to violate the terms of this ordinance. (n) Records of all purchases and sales shall be kept by the licensed dealer describing each vehicle purchased and sold by reference to motor number and state license number and date of cash transaction and such reeoxjs shall be available for examination by any police officer of the at all times. V; il0�- 18.09 - Revocation of License. Any violation of this section shall., in addition to other penalties, be grounds., for revocation of the license granted." Section 2. Effective Date. This Ordinance scall be effective upon its passage and publication. Adopted by the Village Council July v21 , 1967.