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December 12, 1938, be and the same is hereby repealed.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