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HomeMy WebLinkAboutORD 1989FOLLOWS: ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, LICENSING AND REGULATING USED CAR DEALERS, F'R.OVIDING FOR LICENSE FEES AND PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON, AS SECTION I: DEFINITIONS. For the purpose of this chapter a "used automobile dealer" is any person, corporation, partnership, association or other entity conducting, engaging in, or carrying on, or holding himself out as engaging in, conducting or carrying on the business of a "used car dealer" including the buying, taking in trade or exchange for the purpose of re -sale, selling or offering for sale, acting as broker or consignee or otherwise dealing in used automobiles or trucks; provided however that no one coming into possession of an automobile because of failure to comply with the terms of a mortgage or a conditional sales contractjand who sells any such automobile in liquidating such indebtedness shall be deemed a used automobile dealer for the purposes of this chapter. SECTION II: LICENSE REQUIRED - REGULATIONS - RECORDS. A. It is unlawful for any person to engage in business as a used automobile dealer without complying with this Chapter and without a used automobile dealer's license issued by the City Clerk of the City of Renton, provided, that no such license shall be issued to anyone who is not the holder of a valid State dealer's license. B. Such business as herein defined shall be engaged in only at a fixed place of business and if more than one place of busi- ness is operated by the same person a separate license shall be required for each such place of business. Each place of business shall be adequate for the display of at least ten (10) automobiles and shall have an enclosed office room located thereon, or within two hundred (200) feet therefrom. C. If used automobiles or trucks are sold with a guaranty or war- ranty each such dealer shall have at one of his places of busi- ness facilities for the service., repair and reconditioning of such vehicles, or a legally enforiable contractual arrangement for such service, repair and reconditioning at a garage having such facilities. D. Each used automobile dealer shall keep and maintain in his of- fice complete and adequate records, books and files showing all purchases, sales and exchange of automobiles and trucks made by him and all such records shall have accurate information con- taining the name and address of the person from whom the automo- bile or truck is purchased or received, the make, state license number, serial number and style of any such motor vehicle; and shall also show the date, name and address of the person who is purchasing said automobile, together with the sales price, the method of sale or financing. All said records shall at all times during business hours be available for inspection by any member of the Renton Police Department or by any officer or employee of the City Clerk's Office. - 1 - E. The true name of any such used car dealer, or his trade or assumed name, and the words "used cars" or ttused automobiles or trucks't or other words indicating that used automobiles or trucks are bought, sold or dealt in shall be displayed in a conspicuous place on or near the front building line of each place of business, such name and other wording to be in letters not less than twelve (12) inches in height and legible from a distance of not less than fifty (50) feet; provided that any such dealer desiring to so use his trade name or assumed name shall when applying for his license or renewal thereof furnish the City Clerk with a certified copy of his filing with the County Clerk's Office showing trade or assumed name. SECTION III: APPLICATION FUR LICENSE. Application for a used automobile dealer's license shall be made to the City Clerk on a form provided by him and such ap- plication shall be made by the owner or by his authorized agent or representative and shall be signed and sworn to before a. Notary Public. It shall, among others, contain the location or locations where the business is to be conducted, and shall state whether or not the applicant sells used automobiles or trucks with a guaranty or warranty and if it shows that he does or intends to sell with such guaranty or warranty shall state that the applicant has on his place of business facilities for the service, repair and reconditioning of automobiles or trucks, or if he has no such facilities, shall contain a certified copy of a legally enforceable contract for such service with a garage having such facilities. Such application shall also contain the residence and business address of the applicant, and if a copartnership , the name and residence and business address of each partner, and if the applicant is a corporation, it shall show the residence and business address of all officers and directors of the corporation; it shall further state whether the applicant or any member of the copartnership or any officer, director of the corporation has ever been convicted of a crime involving fraud, misrepresentation, em- bezzlement or theft and if so shall state the offense and date of conviction. It shall state whether or not the applicant is indebted to any person upon unsatisfied judgments in any state or federal court of the State of Washington. It shall also state whether or not the applicant or any member of the copartnership or any of the officers or directors of the corporation have ever been adjudged a bankrupt or had a receiver appointed for liquidation of any business which applicant, or any partner, officer, or director of the corporation owned or had any financial interest in. It shall also contain such other information as the City Clerk may require for determining the honesty and integrity of the applicant , members of the copartnership or officers and directors of any corporate applicant. - 2 - SECTION IV: INVESTIGATION OF APPLICANT. Upon filing of the application the City Clerk shall determine whether the applicant is a fit and proper person to engage in the used car business and is prepared to carry on such business under the provisions and may refer requirements of this chapter. The 'City Clerk JL`he application to the Chief of Police for investigation and report. If the City Clerk is satisfied that the applicant is such a. fit and proper person and is prepared to comply with the provisions and requirements of this chapter, he may issue a license to the applicant. The Annual License Fee for 1'Used Automobile Dealer's Licensee shall be One Hundred Dollars (S100.00) for each place of business and shall accompany the application. All licenses shall expire at midnight on the 31st day of December of each year. Such license shall be conspicuously displayed at the place of business of the dealer. SECTION V: ADIMTISI NG. It shall be unlawful for any used automobile dealer to advertise for sale in any newspaper or through any other medium any automobile or truck not actually for sale at the place of business of such dealer at the time the order for the advertisement is filed with the newspaper or other medium. Within twenty-four (24) hours after any automobile or truck which has been advertised for sale has been sold or withdrawn from sale the used automobile dealer offering the same shall request the with- drawal of any advertisement relative thereto from the newspaper or other medium, All advertisements placed by such dealer shall contain the number of the dealer's Washington state dealer's license. SECTION VI: SUSPENSION OR REVOCATION OF LICHISE. The City Council may revoke or suspend any license in the manner or for any cause set forth hereinbelow and the City Clerk may -refuse to renew a license for any such cause or causes, to -wit: Whenever the dealer or his agent has: A. Sold a previously licensed used automobile or truck without delivering to the purchaser a properly endorsed certificate of title for the same. B. Failed to comply with the conditions of the contract of sale as to services to be rendered or repairs to be made pursuant - to any warranty or guaranty. C. Knowingly purchased, sold or dealt in stolen automobiles or trucks. D. Forged a certificate of title or application pertaining thereto. E. Suffered or permitted the cancellation of the bond or the ex- haustion of the penalty thereof as required by State statute. F. Misrepresented to the City any material fact in the application for a license or any renewal thereof. G. Failed to continuously comply with any or all of the requirements of this chapter. - 3 - d t H. Failed after thirty (30) days written notice from the City Clerk to satisfy any final judgment of record against him arising from the conduct of his business.. SECTION VII: PENALTIES FOR VIOLATION. Any person, firm or corporation violating any provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.00 or imprisonment in the City Jail for a period not to exceed 90 days, or both such fine and imprisonment. SECTION VIII: This Ordinance shall be in full force and effect on or after January 1, 1963 and after its passage, approval and legal publication. PASSED BY THE CITY COUNCIL this .IX,4day of October 1962. Helmie Nelson' City Clerk APPROVED BY THE MAYOR THIS ,7day of October, 1962. J rank Aliment, Mayor APPROVED AS TO YOM%!: G. M. Shellan, City Attorney _4-