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,
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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
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of them, and if a corporation, the names of all of the
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officers thereof, and verified by an auz.orized officer,
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and if additional licenses are applied = z, for more than
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one place of business, the add.esses of such additional
places of business shall also be stated. Such application
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shall state the business and residence addresses of the
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applicant for a period of five years prior to the date
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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
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the m;.nagement and control of such business. Such
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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
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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,
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(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
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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
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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
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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
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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
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(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.
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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.