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HomeMy WebLinkAbout455ORDINANCE NO. 455 AN ORDINANCE REPEALING ORDINANCE NO. 2?6 OF THE CITY OF SANFORD, FLORIDA, REGULATING SALES OF USED NOTOR CARS, AND DEFINING TERt~S, PRESCRIBING LIC~SE TAXES AND IEJTIES, AND PROVIDING P~ALTIES IN REGARD THERETO, PASSED AND ADOPTED DECEMBER 12, 1938; DEFINING THE TER~S '~ CAR DF~.ER" '~ISED CAR DEALER", '~JSED CAR SALESMAN", AND '~NEW CAR SALESMAN", PRESCRIATNG A LICENSE TAX FOR NEW CAR DEALERS AND US~ CAR DEALERS, AND FOR SALESMEN OR REPRESENTATIVES OF AGENCIES OR DEALERS IN NEW AND USED MOTOR CARS WHICH AGENCIES OR DEALERS ARE NOT LIC~SED BY THE CITY OF SANFORD, PRESCRIBING BUSINESS LOCATION STANDARDS FOR NEW CAR DEALERS, AND LIC~SE REQUIREMENTS FOR NEW AND UHED CAR DEALERS, AND PROVIDING A P~ALTY FOR THE VIOLATION OF THIS ORDINANCE. HE IT ~2~ACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA~ Section 1. Ordinance No. 276 of the City of S-Bford, Florida, entitled "An ordinance regulating sales of used motor cars by new car and used car dealers, defining the terms "new car dealer" "%%sod car dealer", "used car salesman", and "new Gar salesm, n", pre- scribing a license tax for new car dealers and agencies, and used car dealers, agencies and salesm-n, and for salesmen or representatives of agencies or dealers in new and used motor cars which agencies or dealers are n o t licensed by the City of Sanford, and providing and penalty for the violation of this ordinknce", passed and adopted December 12, 1938, be and the same is hereby repealed. Section 2. DEFINITIONS: (a) The term "new car dealer" when used herein shall be construed to include every individual, partnership, corporation or trust holding a new motor car agency or franchise selling new motor cars, who take used automobiles or other used motor vehicles in exchange or in part payment for new automobiles, o~ other motor vehicles, and who may also purchase used automobiles, or other used motor vehicles, for cash or an equivalent medium of exchange. (b) The term "new car salesman" when used herein shall be construed to include every person who is employed by a new motor car dealer, duly licensed by the City of S-nford, on either a salary or commission basis, or boZh, who acts as agent for or in behalf of such new car dealer in conducting, negotiating for, or effecting purchases, ~les or exchanges of new and used automobiles or other motor vehicles. (c) The term "used car dealer" when used herein, shall be construed to include every person other than a new car dealer, as hereinabove defined, who conducts the business of buying, selling or dealing in used motor vehicles, provided that, for the purpose of this section it is assumed that any person who engages in three or more such transactions involving used motor vehicles during shy twelve months period is conducting said business. (d) The term "used car salesman" when used herein, shall be construed to include every person who is employed by a used car dealer, duly licensed by the City of Sanford, on either a salary or commission basis, or both, who acts as agent for or in behalf of such used car dealer, in conducting, negotiating for, or effecting purchases, sales or exchanges of used automobiles or other used motor vehicles. (e) The term "person" when used herein shall be construed to include any individual, association of individuals, partnership, corporation, or trust, engaged in or carrying on any of the businesses herein referred to. Section 3. No person shall hereafter engage in the business or occupation of new car dealer, as hereinabove defined, without first complying with the provisions of this ordinance, and without first procuring a license therefor in accordance with the provisions of 0rdinauce No. 354. Section 4. Every used car dealer shall pay a license tax of Fifty ($50.00) Dollars per year. Section 5. New car salesmen and used car salesmen as herein- above defined, shall not be required to pay an occupational license tax hereunder. Section 6. Salesmen or representatives of Agencies for or dealers in new and/or used motor cars representing Agencies or dealers, not licensed to do business in the City of S~ord, shall each pay an annual license tax of Three Hundred ($300.00) Dollars. Section 7. Before any license shall be issued to any appli- cant for a license to do business as a new car dealer, such applicant shall first satisfy the City Clerk that the premises on which he intends to do business are improved sufficiently to conform to the following minimum sanitation and service equipment standards: 2 - (a) Sanitation Standard. There shall be installed and maintained on such premises at least c~e (1) water closet aud one (1) sink enclosed in a suitable shelter, constructed in accordance with the building code of the City of Sanford, and having proper water supply and sewer connections as provided in the plumbing code of the City of Sanford, the building to be used for said purpose to have installed therein sewage connections for drainage and sanitary purposes, said sewage connections to be made as provided by the plumbing code of the City of Sanford. (b) Service EQuipment Standard. There shall be maintained on such premises a building constructed in accordance with the pro- visions of the building code of the City of Sanford having equipment and floor space sufficient to service and repair at least three (3) motor vehicles at the same time, and also additional space for the storage of at least five (5) automobiles, and with proper sewage connections for drainage and sanitary purposes. Said sewage connect- ions to be made as provided in the plumbing code of the City of Sanford. (c) Every new car dealer shall maintain and keep open during reasonable business hours a permanent place of business in the City of Sanford, Florida, cc~forming to the ~nimum requirements as to sanitation and service equipment as herein specified, and shall faithfully comply and conform to and with all rules, regulations and ordinances of the City of Sanford, Florida, now existing or that may be hereafter enacted with respect to the handling, storing and selling of gasoline, oils and other highly inflamable materials. Section 8. No person shall engage in or conduct the busi- ness of new car dealer or used car dealer, as hereinabove defined, in the City of Sanford, nor be issued a license by the City of Sanford for such occupation until such person has complied with all regulations and requirements prescribed by the ~otor Vehicle Commission of the State of Florida for issuance by it of a Secondhand Dealers License, provided that where the premises on which any such dealer conducts such business are leased by him, the lease shall be in writing and for a term of not less than one year and such lease shall be exhibited by such dealer to any persc~ acting on behalf of the City of S~ord, upon request of such person. Sectic~ 9. The violation of any of the provisions of this Ordinance shall be deemed and construed to be a separate and distinct offense from day to day subjecting the offender to separate prosecutions for each and every day any of the provisions of this Ordinance may be violated. Section 10. Any person violating any of the provisions of this Ordinance shall upon conviction thereof be punished by a fine of not more than $200.00 or by imprisonment for not more than sixty days, or by both such fine and imprisonment. Section ll. This Ordinance is deemed to be an emergency measure enacted under the police power for the welfare of the citizens of the City of Ssu~ord, take effect immediately upon its adoption. protection and general Florida, and shall Section 12. All ordinances and parts of ordinances in con- flict with this Ordinance, be and the same are hereby repealed. PASSED AND ADOPTED this ~ day of ~ · , 1949. ATTEST: As the City Commission of the City of S-~ord, Florida. I, H. N. sayer, c!ty Clerk of the CS ty of sanford, Flor!da, hereby cert!fy that a true and correct copy of the forego!rig Ordinance NO. 455, PASSED and ADOPTED by the C!ty commission of the c~ty of sanford, Florida, on the 22nd day of AU&~st, 1~49, was POSTED at the front door of the city Hall on this the 23rd day of AUgUst, 1949. AS CZmy c~e of ~gz~d~,~rlda-Cz~y