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For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) DIRECTOR means the director of the department designated by the city manager to enforce and administer this article or the director’s authorized representative.
(b) MAJOR COMPONENT means the engine (excluding accessories), transmission, or differential gear of a motor vehicle.
(c) MOTOR VEHICLE means any self-propelled device in, upon, or by which persons or property are or may be transported upon a highway, except devices moved by human power or used exclusively upon stationary rails.
(d) MOTOR VEHICLE REPAIR means mechanical repair, alteration, or addition of equipment or parts, which includes but is not limited to, tuneup, brake work, transmission work, engine repair, body work, painting, and upholstering.
(e) LICENSEE means a person licensed to engage in the motor vehicle repair business under the provisions of this article.
(f) PERSON means an individual, assumed name entity, partnership, joint-venture, association, corporation, or other legal entity. (Ord. Nos. 14487; 17226)
(a) No person shall own, maintain, conduct, operate, or engage in the business of motor vehicle repair for compensation within the city, or hold himself out as being able to do so, or act as the agent for another who is engaged in the motor vehicle repair business, or take custody of the motor vehicle within the city for the purpose of repair without first obtaining a motor vehicle repair license from the director. Should a person maintain a motor vehicle repair establishment at more than one location, a duplicate license is required for each additional location. The license issued to a motor vehicle repair establishment authorizes the licensee and all its bona fide employees to engage in the business of motor vehicle repair.
(b) A licensee shall register with the director the trade name of his motor vehicle repair establishment and shall not use or permit to be used more than one trade name at a single location. (Ord. 14487)
(a) An applicant for a license shall file with the director a written application upon a form provided for that purpose, which shall be signed by the applicant or his local authorized agent, who shall be an individual responsible for the operation of applicant’s local motor vehicle repair business. Should an applicant maintain a motor vehicle repair establishment at more than one location, a separate application must be filed for each location. The following information shall be required in the application:
(1) name, address, and telephone number of the applicant, including the trade name by which applicant does business and the street address of the motor vehicle repair establishment, and if incorporated, the name registered with the secretary of state;
(2) a statement whether a motor vehicle repair license issued to applicant or any proprietor, partner, or corporate officer of applicant, has been revoked within one year preceding the date of application; and
(3) a statement that applicant engages in the business of motor vehicle repair and that all facts stated in the application are true.
(b) An applicant is required to maintain a permanent and established place of business at a location where a motor vehicle repair business is not prohibited by the comprehensive zoning ordinance of the city.
(c) When an application for a license or license renewal has been filed with the director in proper form, the director shall, within 30 days from the date of filing approve or deny the application. If the application is denied, the director shall send to the applicant by certified mail, return receipt requested, a written statement setting forth the reasons for the denial.
(d) Repealed by Ord. 16476.
(e) The director may, at any time, require additional information of a licensee or an applicant to clarify items on the application. (Ord. Nos. 14487; 16476)
The annual fee for a motor vehicle repair license is $122 for the first location and $75 for a duplicate license for each additional location. The fee for issuing a replacement license for one lost, destroyed, or mutilated is $25. The fee is payable to the director upon issuance of a license. No refund of license fees will be made. (Ord. Nos. 14487; 16476; 16700; 18411; 18876; 20076; 26598; 29879; 31332; 32556)
(a) Each license issued pursuant to this article must be posted and kept in a conspicuous place in the motor vehicle repair establishment.
(b) A replacement license may be issued for one lost, destroyed, or mutilated upon application on a form provided by the director. A replacement license shall have the word “replacement” stamped across its face and shall bear the same number as the one it replaces.
(c) A motor vehicle repair license is not assignable or transferable.
(d) A licensee shall notify the director within 10 days of a change or partial change in local ownership or management of the motor vehicle repair business, or if there is no local ownership, then a change in the authorized agent referred to in Section 50-115(a), or a change of address or trade name. (Ord. 14487)
The director shall refuse to approve issuance or renewal of a motor vehicle repair license for one or more of the following reasons:
(1) a false statement as to a material matter intentionally made in an application for a license;
(2) conviction twice within a two year period of the applicant or a current employee of the applicant while he was in applicant’s employment for a violation of a provision of this article;
(3) revocation of a license, pursuant to this article, of the applicant, or a proprietor, partner, or corporate officer of the applicant, within one year preceding application; or
(4) use by the licensee of a trade name for his motor vehicle repair business other than the one registered with the director. (Ord. 14487)
(a) The director shall revoke a motor vehicle repair license for one or more of the following reasons:
(1) a false statement as to a material matter intentionally made in an application for a license, license renewal, or a hearing concerning the license;
(2) conviction twice within a two year period of the licensee or a current employee of the licensee while he was in licensee’s employment for a violation of a provision of this article; (Notice shall be given to a licensee on the date formal charges are filed against an employee of the licensee. If licensee discharges a convicted employee within one week after his second final conviction, the license is not subject to revocation under this subparagraph.) or
(3) use by the licensee of a trade name for his motor vehicle repair business other than the one registered with the director.
(b) The director shall send written notice of a revocation to the licensee by certified mail, return receipt requested, setting forth the reasons for the revocation. (Ord. 14487)
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