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Home My WebLink AboutOrdinances - No. 402In the City Council, City of Lodf, Lcrdi California "Used ?llatoP VehicI@'' A used FYCI*~OP .irehlcle IS a EIOQOr VB- hiole, 89 the sme $8 ddlned in Seetion 31, 83 amended, of the California Vehicle Code, whlch has bee: snc6 sold or repislewd for use on the highways, op one that hns been operated by any person far a distance fn excdis of ?ex.;zc tke distance necessa~y to transport the sane from the pfacs of bus'iness of the local distributor of such motor oshicles to the place af business of the dealer, A motor vehicle zsad fox- demsnstratlon pirposes is 8 used motor vehiale within the rn%enin$ of khfs oPdimncec 'QSF~CI car ~bra~er" A used ear dealer is my, person gelline, offering fop sm, buylnc or taklnc in trade for msalo, con sip^- ing to be sold or stherwlqe d&d.ing in used notoor vel.liclss regfs- tered to a person othr t3an h'emseff, provide6 that no person sellinp used Totor vehfcles solely an2 exclhsively to used cap dealers ahnll be deemed a used car dealerl, offering for sale,, brrylng or ta'dng In trade fop msalte consim- ing ta be sbld or othepwise dealinF in nore thaz? two 12f used m0tQ.r uehlcles registered to hlrself in any one (1) calendar year shall also be deemed to ba a used cw dealm, No person who now ha8 or may hereafter obta€n & fraxhhe OP agency in hdi for the sale sf new automobiles 01- tr~h ah&:!': ke construed 8s a Any person selling, used car dealer" while he oyje~ites L~CS;. rwh franchise or agency. tP -1- ''Motor VehRcles Re~ia tmtton'' A ttlotr3~ vehicle registration as used herein is that certain certifhate issued by the Dfvislon of Motor Vehicles under Sectfoez 152 of the Vehicle Code of' the State of California or the equivalent tkcreaf issued in states other than California, and the z-eRSstrant is deemed to be the person named in said certificate 8s srPeqistered ownero Section 3. PERMIT REQTYIRER. I[t shall be unlawful for any person to be a used car dealeer v.rl.t;'lzout having ffmt pecefved a pernit to do so from t@e Finance Dlrpectsp of the City of Lodi, which permit shall be in radd-t'l;%sr? to my busheas license required for revenue by the City of Eodl. permit 'required under Seotlon 3 shralL 3s n & to the Ffnance Dfreotor in writing on I form suppl2ecT by h%m, be required'to furnish his nme, addmas, pmpased bueineas ad- dress at whioh place his used motor vehlcleo wfEL be displayed . and offered for sale, or sold, propose< i?ic.E;Etlous business name, 2f any, and s'uch sttier' fnf'er~mat%orz r$s :-tq b@ mquired, csrtlan shall be accepted up13ess so98 c*:~;~?.?.cmt+t prqpoaes to dis- play mil offer fop said used motor ve?!tcZaa at a fixed place or businem properly zoned far tho csnd.~ieQ OF suek .business under the laws and ordinances of 'the CSty ~f' Lodf, also give the FZname Diaeetor his State License nz~II"er assigned by the Motor Vehicle Department to suck daalpr, Section APPLICATIQB FOR I"ERWT.. ApplLchttion for the Applicant will No appli- AppZieeant must. Section 6 INVESTIGATIOW OF APPLICANT Upon eomp%e ti& of the f5ling of an applfcation, the Pinanes DfreeQsr shall 'oonduct 8uch an investigatfon as mqy be neeesaa~y to estabfiski the good oharacter, reputation ad f'fnaneicnl msponsfbflfty of the applicant 'Section 7* GRAFTTING 5P PERMIXT, Upon completion of. satd investiffation, but in no cam less than fzf'teen (3.5) days from the date of the application, and within 8 masonable length of time, the Finance Directoq ohall grant ox- deny said applfcafAon, If' Eranted, a written permit shdl.1 Sm~adlately be issued u on and the receipt of ta bond, and of tho appllea'ntts State Eieensgt number issued by the Motor Vehielg &qmtrstment to such dealerd Seetion 8, BOPID REQUIRED, The bond ref"ssl.red to in See- tion 7 shall be a bond executed to the CPty of Lodf by slpplicant and 8t surety corporation duly eau%his-.*3:rlp7 to do so, to be approved by the City Attorney, Said bond rnx: t.- joint send several and payment by the applicant of gi fee of' Twenty-ffve Dollars (+,25.00), F the penalty thereof must be Ffve T'noezsand Dollars ($5,000,00) and must be conditioned to be paid to the said City of Lodi OF any person for any dilreet loss suffers2 by dishonzesty on the part of the principal fn the conduet; 02 his business as 8 used car dealero to time by any person aggrieved until the whole penal@ is ex- hausted, and shall remain in effect For one (3.1 calendap year subsequent to the issuance of 8 pwr1f.t wder Seetion 7 hereofo Said bond may be sued ezvld recovered upon from time Seation 90, PEWIT TO BE DISPLAYEI2: ADVERTISING, The perm2.t of each pepson 'Licerrsed IS a &ad cm deale~ undeln the provfsions of this omPdinssncq sk.,all be pYcmimnt9y displayed fn the place of business of such dealer, Tlr_e~e shall. likewfse be display-ed on the Proot; building fine sf said place of business a sipn whlch shall. diapl4y the nam of the per so:^ 'to whom the permit €s Sssusd, or his properly filed flct3.tlsus name, which s2gn shall be legible for not less than fifLg (501, feet, no used car dealer shall advertise that he has TQP sale,my used motor vehicle which is not actually fop sale at his place of husinesg at the the of' advert'i-aJement, Section 11, REVOCATION OF' PERIIf?IT, The violatlon of' any City ordinance, County ordinances State Paw, Feheral Paw, OP the provisions of the bond m$quimd 'unc$er Seetian 8 heresf shall be deemed snf'ffcient grounds For s?evseatlan by the Pirnancs Dfrec- tor of any pem€t granted under the pmvJsfons of Sectfan 7, .$Sectdon 12, REVOCATION APPEAL. Upon yevocation of' pe.rmit for cause by the Finance Director, permittee may appeal for a hearing before the City Counc3.1, Saild Czty Council shall set 8 date for hearing., which shall not be more than thirty (30) day8 from the date of receipt of such appeal, At such hearing, said: City Council ahall hetar a13 pertinent testimony offered and shall rule upon the decision of the Finance Director, which ruling shall be final and conclus€veo Section 13. PRIOR PERAIITTEES, PG-,~ person holding 24 pep- mit or lilcense properly issued under the p~ovilsions of OPdinance No. 364. ahall be issued a pamit as required Pn this ordinance without payment of the fees stipulated, but shall be bound by all other provisions of this ordfnstnce, Section 14. VIOLATION PENALTY. hy pepson who vfolates this ordinance, or any pFov1sion herefn, shall be deemed guilty of' a misdemeanor, and, upon conviction t'i:ersaf, shall be punished by 8 fine of not to exceed Five Bundred 'f/o3la~s ($~OO,OO), or b (%I months, or by both such fine and InpiscPmmt, or if' a COP paration be punished by a fine of not to exceed One Thousand hllars ~$I,OOO,OO) , Section 15* SEVERABILITY. Xf any aec"Von, subsection, sentence, clause or pli~ase of this oz~dinsnce is fop any Poeason held to be Invalid OF unconsifxtional by the decfsfian of any court of coxpetent jurisdiction, SIIC:! declslon ahall not affect the validity of the ~ernahlnp psrkicsw of the ord€nancsec City Council declares that St ao;?l? 3a7tr: passed this o~dtnance and each section, subsectlczil, c,2&5.r:e ~intence and phrase hereof , irrespective of the ~PELC~ tka% an)- om c;~ wp?e other sections, subsections, sentences, c1ax~es OF phimes be deefarsd invalid or unconstitutional, "USED CAR DEALERS' ORDINAWCE" with the sme effect as If' referred to by Its. title, and shall be in fore@ wd take effect 30 days after ita pwqsetge and 8~pprovaP~ imprlaoment in the City op, County Jail far not more than six The Section 16, Thb olpd.pnance my be keferaed to as the Attest I hereby certify that the foregoing O~~dfnance No, 4-02 W85 ~egul9rY.g introdmod in the City Council of the City of Ladi on the /04 day of fidcu*rv 1950 and ras.there.&ter, on the /cf 1950 regylarly passed, ad0-p- ordered to pr nt by the fol3owing- vote : A%: day Of + - Councilmen, k%/L ,449ultre//, .L54f/'a Hud Z/,fi+'-- NOES : Councilmen, Mene AnSEFTT : 1 further certify that Ordinance Pctq 4.02 was approved and sipned by the Magor on the data 9; LZs final passage? and adoption6