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The Mayor shall deny the application of any person for a license to operate a used car lot if any of the following is true:
(a) The applicant refuses to agree to comply with the conditions of this chapter or any other applicable ordinances of the City.
(b) The applicant has made a false statement of a material fact in the application.
(c) The applicant has not complied with all of the conditions of this chapter.
(d) The applicant has been guilty of a fraudulent act in connection with the selling of or dealing in motor vehicles.
(e) The premises on which the applicant proposes to do business are not zoned in a U4, U5 or U6 Use District.
(Ord. 8963. Passed 6-20-49.)
The Mayor is authorized and empowered to suspend, revoke or refuse to renew any license to operate a used car lot, if any ground existed upon which such license might have been refused, or if the licensee fails to comply with the conditions to which the licensee agreed in the application. Notice of suspension or revocation shall be sufficient if left at the premises for which the license is issued.
(Ord. 8963. Passed 6-20-49.)
(a) Any applicant for a used car sales license or licensee whose application has been refused or whose license has been suspended or revoked, or who has been refused a renewal, may appeal such action of the Mayor to the Planning and Zoning Commission. Such appeal shall be perfected by the applicant or licensee by filing with the Mayor a notice of appeal within five days after the Mayor has notified the applicant or licensee of his or her action. Upon the filing of such notice of appeal, the Mayor shall certify to the Planning and Zoning Commission all papers in connection with the case, together with a report of the Mayor's action relative to the suspension, revocation or refusal to renew a license. Such certification shall be made within five days after the filing of the notice of appeal.
(b) The Planning and Zoning Commission may make reasonable rules and regulations governing its actions relative to the hearing of such appeals, and the Commission may affirm, modify or reverse the action of the Mayor. The action of the Commission shall be final. The Commission shall have full power to make an investigation to determine the correctness and legality of the order of the Mayor.
(Ord. 8963. Passed 6-20-49.)
The fee for a license to operate a used car lot shall be fifty dollars ($50.00). In all cases the fee shall accompany the application for a license. The Mayor shall issue to all persons to whom licenses are granted appropriate and proper certificates in such form as he or she may prescribe. In the event of the loss, mutilation or destruction of a license, any licensee may make application for a duplicate copy thereof. The fee for a certified or duplicate copy of a license shall be ten dollars ($10.00). Every licensee interested in obtaining a renewal of such license shall, on or before the first day of March of each year after the issuance of the initial license, file an application in such form as shall be prescribed for the renewal of such license. The fee for a renewal license shall be fifty dollars ($50.00).
Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.