Chapter 113 — USED CAR DEALERS

For the purpose of this chapter, USED CAR DEALER shall include the words SECONDHAND AUTOMOBILE LOT and USED AUTOMOBILE BUSINESS and shall mean the business or occupation of buying, selling, or offering for sale, consigning to be sold, or otherwise dealing in more than two motor vehicles (as the term MOTOR VEHICLE is defined in the California Vehicle Code) in any one calendar year, which motor vehicles have either been registered or have been driven 100 miles or more; provided, however, this definition shall not be construed to unjustly penalize a bona fide employee or agent of a dealer who is duly licensed; and, provided, further, this definition shall include any authorized agency, dealing in new automobiles as its principal business, for the incidental sale of used automobiles taken in trade as part of the purchase price of new automobiles. ('65 Code, § 5-23.01) (Ord. 408, passed - - ; Am. Ord. 649, passed - - )

Every person desiring to conduct the business of used car dealer shall obtain a business license from the city as required by Chapter 110 of this title and pay the license fee required by §§ 110.60 through 110.69 of the provisions.

('65 Code, § 5-23.02) (Ord. 408, passed - - ; Am. Ord. 649, passed - - ; Am. Ord. 810, passed - - ; Am. Ord. 860, passed - - ) Penalty, see § 10.99

Every person desiring to conduct the business of used car dealer shall first obtain a conditional use permit as required by § 153.151 and §§ 153.240 through 153.248 of this code.

A license shall not be granted to any used car dealer unless he has a dealer's certificate issued pursuant to the provisions of Cal. Veh. Code §§ 11701 through 11714. A license issued to a used car dealer shall be good only while he has such certificate and shall be automatically revoked without notice should such certificate be revoked or if at any time such used car dealer does not have such certificate.

('65 Code, § 5-23.03) (Ord. 408, passed - - ; Am. Ord. 649, passed - - )

(A) Any person desiring to obtain the license required by this chapter shall file a verified application therefor with the Finance Director. Such application shall set forth the following information: The name and residence address of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of all its officers, together with their respective addresses; or if a partnership, association or unincorporated company, the names of the partners or persons comprising the association or company, together with their respective addresses.

(B) All applications for a license shall be signed by a duly authorized officer on behalf of the corporation, or an authorized general partner of a partnership. All such applications shall be subject to review and investigation by the Police Department for a period of 90 days from the date of the application before a license may be issued. ('65 Code, § 5-23.04) (Ord. 408, passed - - ; Am. Ord. 649, passed - - )

In addition to the provisions of § 110.44 of this title, any used car dealer's license may be suspended or revoked by the Finance Director when it shall appear that the used automobile business of the person to whom such license was granted is conducted in a disorderly or improper manner, or in violation of any law of the state or of the city, or that the person conducting such business is of unfit character to conduct the same, or that the purpose for which the license was issued is being abused to the detriment of the public or is being used for a purpose wholly foreign to that for which the license was issued.

('65 Code, § 5-23.05) (Ord. 408, passed - - ; Am. Ord. 649, passed - - )

No used car dealer shall advertise in any newspaper, or through any other medium, that he has for sale any motor vehicle which is not actually for sale at the premises at the time the advertisement is inserted in the newspaper or medium. Whenever any used car dealer in any advertising medium advertises any specified motor vehicle, he shall include in such advertising the current license number of such motor vehicle. Within 24 hours after any motor vehicle has been sold, the used car dealer shall withdraw any advertisement from any newspaper or other medium in which such motor vehicle was advertised by him for sale. ('65 Code, § 5-23.06) (Ord. 408, passed - - ; Am. Ord. 649, passed - - ) Penalty, see § 10.99

All lighting shall be subject to the review, including environmental review, and approval of the Community Development Department.

All signs shall be subject to the city's sign ordinance for retail establishments. Used car dealers have different amounts and types of allowable signage than do new car dealers.

The records and books of all used car dealers shall be open at all times to the Finance Director to determine whether or not the used car dealer has complied with all the provisions of this chapter.

('65 Code, § 5-23.09) (Ord. 408, passed - - ; Am. Ord. 649, passed - - ) Penalty, see § 10.99