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HomeMy WebLinkAbout1967-05 04-10 CCO ORDINANCE NO. 67 -5 AN ORDINANCE RELATING TO THE SALE OF MOTOR VEHICLES, ESTABLISHING REGULATIONS, PROVIDING FOR LICENSING AND PROVIDING FOR PENALTIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the Ordinances of the City of Brooklyn Center is hereby amended by the addition thereto of the following: Section 23 -1201. DEFINITIONS: As used in the ordinance, the following terms shall mean: (a) CAR: Anv new or used automobile or truck. (b) DEALER IN MOTOR VEHICLES: Anv person, firm or corporation, together with anv subsidiary or branch thereof engaged in the business of buving, selling, displaving or offering for sale new or used motor vehicles as a principal business or occupation. The dealer in motor vehicles will also be referred to herein as "dealer" or "licensee ". (c) MOTOR VEHICLE: For the purpose of this ordinance motor vehicles shall be of the two followina classes (1) Class A will apply to cars; (2) Class B will apply to and mean motor cycles and anv other type of land vehicle propelled by a motor other than cars (d) "EXECUTIVE ". "OFFICIAL ". "HOUSE CAR" or "DEMONSTRATOR ": These terms shall apply onlv to anv motor vehicles which have actuallv been used by either a bona fide official or representative of the manufacturer or by the dealer making the sale offer and which have never been sold to a member of the public. (e) SALE: The term "sale" is defined and is deemed to have taken place only when the dealer and the customer have agreed, in writing, on at least all of the following elements: 1. The make, model, tvpe and vear of the manufacture of motor vehicle intended to be sold to and purchased by the customer, including the agreed date of delivery to customer. 67 -5 2. The net purchase price to be paid therefor by the customer • f.o.b. Brooklvn Center, including anv amount allowed for a trade -in. 3. Amount of down pavment, if anv. 4. The cost of additional repairinq, servicing or parts, if anv. Section 23 - 1202. LICENSE REQUIRED: No person shall be engaged in the business of buving, sellinq, displavinq or offerinq for sale new or used motor vehicles at anv place of business without first obtaining an appropriate license as reauired under this ordinance. Section 23 -1203. SEPARATE LICENSES: Each licensee shall have an established place of business, and each license shall authorize business at onlv the designated premises. If a licensee has more than one place of business, a separate license is reauired for each. Section 23 -1204. CONDITIONS IN, OF AND FOR MOTOR VEHICLE DEALER LICENSES: No motor vehicle dealer's license shall be issued except under the following conditions: (a) No Class A motor vehicle dealer license shall be issued to anv person who does not possess and operate under a new car franchise or contract in and for the Citv of Brooklvn Center, except that such license may be issued to anv person not operatinq under such new car franchise if such licensee operates and main- tains in Brooklvn Center an enclosed aaraae, showroom or other car displav or rental structure on the land, which structure shall have a true and full Citv Assessor's value eaual to at least twice the true and full value of land used by such licensee in the sale of new and used cars. (b) Every Class A licensee shall provide, operate and main- tain in the Citv of Brooklyn Center at least one eauipped and manned repair shop or facilitv capable of repairing the motors, enqines, brakes, lights. tires, electrical and other operatinq equipment of anv motor vehicle sold by such dealer. (c) No motor vehicle dealer license of anv class shall be issued for anv place or business on which anv taxes are delinauent on the records of the office of the Hennepin Countv Auditor or which is not zoned therefore. (d) Each licensee shall provide sufficient parking space on • licensee's premises for all motor vehicles repaired or processed by such licensee. 67 -5 (e) The applicant for anv license reauired under this ordinance shall file an application for plan approval with the • Secretary of the Brooklyn Center Planning Commission. Such appli- cation shall be accompanied by a detailed map_, plat or drawing of the place of business for which such license is to be issued showing among other information, the address, location and dimensions thereof; the location, type and dimensions of any building, fence, and lighting eauipment thereon; the intended plan of all vehicle Parking, the location and dimensions of processed car storage space; all curb openings; all driveways and allevways therein and thereon; and a certificate by the Citv Engineer approving the drainage and paving on such place of business. Unless changes are thereafter made, the same plan or map and other information need not be resubmitted for any renewal. (f) The payment of the fees hereinafter set forth. (g) The approval and filing of the bond as hereinafter set forth, for Class A Licenses. (h) The obedience to all of the other conditions and pro- visions, governing such business or operation set forth in this ordinance, other ordinances of Brooklyn Center, and the laws of the State of Minnesota. ` Section 23 -1205. APPLICATION FOR LICENSE: The application for any license hereunder shall be made in writing and signed by the applicant on forms provided by the City Clerk, which applica- tion shall show, among other information, the names, residence or principal place of business and age or ages of all individual applicants; if a partnership_, the names, addresses and ages of all partners; if a corporation, the names and addresses of all the officers and stock holders thereof; proof of the franchise authorizing the licensee to sell new cars in Brooklyn Center, or proof of the true and full City Assessor's value of show room or other structure in Brooklyn Center as compared to the true and full value of car display land all as set forth in Section 23 -1204 (a herein; the business or occupation and residence addresses of the applicant for a period of 3 years immediately prior to the date of such application, including all partners, officers, or stock holders; any previous insolvency or bankruptcy of any applicant; and such other pertinent, relevant or material information as the City may from time to time reauire. All applications for such licenses shall be accompanied by the information described in Sections 4 and 5 of this ordinance. i 67 -5 Section 23 -1206. LICENSE FEES. The fee for a Class A • license shall be $150.00 per vear for each licensee. The fee for a Class B license shall be $75.00 per year, for each licensee. Section 23 -1207. EXPIRATION DATE. All licenses issued under this ordinance shall expire on April 30th of each y ear. Section 23 -1208. TRANSFER OF LICENSES. Licenses hereunder may not be transferred from person to person or from place to place. Section 23 -1209. STATE LICENSES REQUIRED. No license shall be issued to deal in motor vehicles unless the applicant is licensed under the appropriate Minnesota Statutes so to do. Section 23 -1210. COUNCIL AUTHORITY. The City Council may grant, deny, suspend, or revoke, anv license under this ordinance, but any suspension or revocation shall be preceded by a hearing before the Council with not less than three (3) days notice thereof to the applicant or licensee. Section 23 -1211. BOND REQUIRED. Each application for a Class A license shall be accompanied by a bond in the sum of $5,000.00, which shall run to the City of Brooklyn Center for the benefit of any person, firm or corporation who shall sustain any injury covered by the bond. The bond shall be conditioned that the principal will indemnify any and all persons, firms or corporations for any direct loss suffered because of dishonesty, misrepresentation or fraud on the part of the principal in the substitution of a motor vehicle or parts thereof for the one selected by the purchaser; failure through dishonesty or fraud to deliver a clear title to those legally entitled thereto; any misap propriation of monies or properties belonging to a purchaser being made in p2ynent of a motor vehicle sold by the principal; alteration of a motor vehicle, its license plate or serial number on the part of the principal or with his knowledge so as to deceive the purchaser as to the year or model of any motor vehicle sold; or the violation of any of the provisions of this ordinance. Any person,firm or corporation who sustains an injury covered by this bond may in addition to any other remedy that he may have, bring an action in his own name upon the bond and against the surety for the recovery of any damage sustained by him. Each licensee need file only one bond regardless of the number of licenses held. • 67 -5 Section 23 -1212. DELIVERY. At the time of delivery, the dealer shall furnish to the customer a written copy of the invoice, Conditional Sales Contract, Chattel Mortgage, Order, or other writing containing the following information, if applicable: (a) Cost of insurance, if any, and description of the exact coverage of such insurance. If such insurance does not include property damage or liability insurance, a statement to this effect shall be prominently stated on such document or documents. (b) Cost of additional repairing, servicing or parts. (c) Exact cost of time price differential, including the exact amount or amounts, of the monthly installments, the number of such installments and the total time balance. (d) Cost of motor vehicle license to be added. (e) The amount of down payment. (f) The final net purchase price to be paid therefore by the customer f.o.b. Brooklvn Center, including any amount allowed for a trade -in. Section 23 -1213. REGISTRATION. The registration of title card or bill of sale for anv car sold shall be forwarded by the dealer to the Secretary of the State of Minnesota not later than fourteen (14) days after the date of the sale. No dealer shall receive and refuse to return to the owner any registration or title card for the purpose of compelling the owner of such card to purchase a motor vehicle from the dealer unless such dealer is ready, willing and able to comply with the terms of the contract or agreement for the sale of the motor vehicle. Section 23 -1214. SALES AWAY FROM PLACE OF BUSINESS. No dealer or salesman or emplovee of such dealer shall advertise any motor vehicle as being_ sold by the owner thereof at the owner's home or residence if such motor vehicle is actually owned by or consigned to the licensee and sold as part of his business. No licensee shall use any public street, premises or alley in the City for the storage of motor vehicles. Section 23 -1215. MORTGAGES OR LIENS. If any licensee shall knowingly sell a motor vehicle which is sub to a mortgage lien or payments, the licensee shall furnish a statement in writing to the purchaser definitely stating the amount of such mortgage, lien or payments, and the name and address of the holder or owner of i III 67 -5 such mortgage, lien or other indebtedness. If the licensee shall knowingly fail to furnish such information, anv such mortgage, lien or pavments shall be paid by the licensee. Section 23 -1216. SPEEDOMETER TAMPERING. No licensee or agent of such licensee shall fraudulently change, set back, or disconnect, or fail to connect, or cause to be changed, set back, disconnected, or cause the failure to connect anv speedometer of anv used motor vehicle for the purpose of effecting the sale of such used motor vehicle. Provided, however, it shall not be unlawful for a licensee or his agent to offer a used motor vehicle for sale with the speedometer reading thereon turned back to zero. Section 23 -1217. BLANK CONTRACTS. No licensee shall obtain the signature of a purchaser on anv blank sales or purchase contract, order, conditional sales contract, chattel or other mortgage, note or other writing or memorandum relating to the sale of any motor vehicle, except for the financing statement, or like document, required under the Uniform Commercial Code. Section 23 -1218. SALES AS AGENT. The provisions of this ordinance shall apply to all sales made by a licensee irrespective of whether or not the motor vehicle sold or advertised for sale is owned by such license or whether he is acting as an agent or consianee for the owner_. Section 23 -1219. MOTOR VEHICLE LOTS CONDITIONED. All outdoor parking lots, car lots, motor vehicle lots or anv area used for the purpose of disDIavina for sale motor vehicles shall be constructed, maintained, illuminated as set forth in the Brooklyn Center Zoning Ordinance. Section 23 -1220. RECORDS OF SALES. Records of all purchases and sales shall be kept by the licensed dealer describing each vehicle purchased and sold by reference to Serial number and State License number and date of each transaction, and such records shall be available for examination by the Citv Manager, Chief of Police, and such other aaents as may be designated by the Citv Council. Section 23 -1221. LICENSE CERTIFICATE TO BE DISPLAYED. Licensees hereunder shall prominently displav in their show room, or in the event of no show room, in the room or area where negotia- tions and sales are consummated with the public, each license certificate issued hereunder. I 67 -5 Section 23 -1222. PENALTY. Anv person violating the terms • of this ordinance shall, upon conviction thereof, be fined a sum not to exceed One Hundred Dollars ($100.00) or imprisonment in the Countv Jail, for a period not to exceed ninetv (90) days. Any violation of this ordinance shall. in addition to other penalties, be grounds for revocation of license. Section 2: This ordinance shall become effective thirty days following its legal publication. Adopted this 10th day of April, 1967. M yor ATTEST :4-"'"`'" Clerk Published in the Official Newspaper March 30, 1967. • (Brackets indicate matter to be deleted, underline indicates new matter)