(A) License required. No person shall operate a used car lot in the city without first obtaining a license therefor.
(B) License applications.
(1) A person who wishes the license shall first file with the Director of Public Works an application for a license on forms supplied by the city for that purpose. The application shall be accompanied by a plat or drawing, in duplicate, of the used car lot, showing its location; the total area of the premises, including buildings and driveways; the type of surface of the lot; the size and location of every building on the lot; the height and construction of surrounding walls or railing; and other details as the Director may require.
(2) The application shall further set out the hours of operation; the name and address of the applicant (if a partnership, the names and addresses of partners; if a corporation, the names and addresses of all officers; and if the applicant is a nonresident, the name and address of a resident of the city on whom service of summons can be had or other process issued); and whether the premises are owned or leased by the applicant and, if leased, the name and the address of the lessor.
(3) The application shall be signed and sworn to by the applicant (if an individual or a partnership) or by its authorized agent (if a corporation).
(4) The application and plat shall then be submitted, by the applicant, to and approved by the Council member of the ward in which the used car lot is to be located.
(C) Issuance of license. After receiving the approval of the Director of Public Works, the Council member of the ward and the Mayor, which approvals shall be noted on the face of the application, the City Collector shall issue the license, upon payment of the fee set forth in § 801.13(PPP).
(D) Revocation of license. A license required in division (A) hereof may be revoked by the Director of Public Works, and the licensee shall be liable for the penalty provided in § 809.99, after a hearing, of which reasonable notice shall be given the licensee, if:
(1) The licensee failed to provide the used car lot with an attractive wall, barrier or handrail, at least along the street sides to limit points of ingress or egress, and to prevent the encroachment of vehicles on the public sidewalk or parkways;
(2) A driveway on the lot exceeds 26 feet in width for crossing a sidewalk; any adjacent driveway is not separated by an island at least six feet in width; or a driveway on the lot is closer than 25 feet to the curb line of an intersecting street;
(3) Ground surfaces are not kept paved or adequately treated at all times to keep dust, dirt and mud at a minimum;
(4) The lot is operated after dark and is not provided with a minimum of .2 lumens of light per square foot over the entire ground area;
(5) Rubbish or other refuse is allowed to accumulate in any part or over the area of the lot;
(6) The capacity or arrangement of cars necessitates the backing of cars onto adjoining public walks, parkways, streets or other public ways in conducting parking operations;
(7) Any material change has been made in the operation, physical construction or layout of the used car lot without first receiving the approval of the Director of Public Works and the Council member of the ward in which the lot is situated;
(8) Vehicles are parked or stored in the lot which are not ready for sale or which are abandoned, junked or partially disabled;
(9) The lot is used to store or park a vehicle for the purpose of use of the lot as an automobile repair shop, or for the conduct of any other business whatsoever by the licensee, or by any lessee of the licensee, including the vending of goods, wares or merchandise or services in connection therewith;
(10) The licensee violates or knowingly permits or countenances the violation of any provision of any penal law or ordinance regarding theft, larceny or conversion of a motor vehicle, or the operation thereof, without the owner’s consent, whether or not the licensee or any other person is convicted of the offense;
(11) Any sign, billboard or other advertising is maintained or erected without first making application therefor, indicating the size, location and type of the sign, billboard or other advertising;
(12) Vehicles with an overall length of more than 20 feet or an overall width of more than seven and one-half feet are sold or displayed on the lot;
(13) The licensee has made false or misleading statements or misrepresentations in his or her application or plat; and
(14) The licensee violates or fails to comply with any other rule or regulation of the Director of Public Works promulgated pursuant to this section.
(E) Liability insurance.
(1) Before a license required under this section is issued, the applicant shall file, in duplicate, with the City Clerk and the City Attorney, a public liability insurance policy issued by a solvent corporate insurance company authorized by the state and possessing a certificate of the authorization issued under the laws of the state, in the generally accepted form approved by the Underwriters’ Code for the policies, insuring the licensee and the city against liability for damage or injury to persons or property arising out of the conduct, operation and maintenance of the used car lot. The insurance shall be in an amount to be established by Council.
(2) The policy shall contain an endorsement that the same shall not be cancelled for any cause without notice being first served on the Clerk at least 30 days prior to the date of the cancellation.
(3) The policy, as soon as it is filed with the Clerk, shall be forthwith transmitted by him or her to the Attorney for consideration, and before becoming effective, shall be approved by the Clerk as to sufficiency and by the Attorney as to form.
(F) Location. No person shall locate, build, construct or maintain a used car lot licensed as required in division (A) hereof within 200 feet of any building used as a hospital, church or public or parochial school, or the grounds thereof, or on any block in which two-thirds of the buildings on both sides of the street are used exclusively for residence purposes.