Daly City Municipal Code Ch. 5.32 Automobile Dealers

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Automobile" means a motor vehicle, as defined by the Vehicle Code of the state.

"Used automobile dealer" means any person engaged in the business of buying, selling, accepting on consignment otherwise become possessed of automobiles which are used only. The provisions of this chapter shall not apply to any insurance company or other person who may come into possession of such used motor vehicle in the regular course of business and who shall sell such vehicles under his contractual right to save or protect himself from or against financial loss.

(Prior code § 6-1)

No person shall establish, operate or maintain, or cause to be established, operated or maintained, any new or used car lot unless the same shall conform to the following requirements:

A. On all sides not contiguous to a building or other barrier, the lot shall be surrounded by a metal chain or by a fence or barricade approved by the police department;

B. Any chain so installed shall be of standard metal links. The metal shall be not less than three-sixteenths inch in diameter. The chain shall run through or be securely attached to substantial posts of metal, concrete or wood, embedded in the ground with concrete and placed at such intervals from one another as to adequately support the chain. The height of the chain shall be not less than eighteen inches nor more than thirty-six inches above the ground level;

C. Each opening in the chain or fence which is used for the ingress or egress of motor vehicles shall be secured by a substantial padlock or other approved locking device whenever the lot is unattended.

(Prior code § 6-2)

Every used automobile dealer shall comply with all state regulations pertaining to the installation of used car lots and records kept thereof.

(Prior code § 6-3)

Every used automobile dealer shall have, in addition to the used automobile dealer's permit, a state license. Any revocation of such license shall be a cause of revocation of the used automobile dealer's permit.

(Prior code § 6-4)

No person shall engage in, conduct, manage, operate or carry on the business of a used automobile dealer unless a permit to do so at the place or location shall have first been granted by the city council.

(Prior code § 6-5)

To obtain a used automobile dealer's permit, the applicant shall file a written application therefor with the director of finance. Such application shall set forth the following:

A. The name, age and address of the applicant, or in the case of partners, the names, ages and residences of every person involved, or if a corporation, its name, date and place of incorporation, address of its principal place of business and names and addresses of all its officers;

B. Whether an application for a similar permit has been refused, canceled, rescinded, revoked or suspended by any city, county or political subdivision of the state;

C. The address at which the proposed business is to be conducted.

Accompanying the application shall be a full set of plans and specifications showing ground site, lot drainage, area dedicated to the sale of used automobiles, buildings and such signs, with their elevations, as are proposed to be constructed.

(Ord. 1146 § 4 (part), 1991: prior code § 6-6)

The application for a used car dealer's permit shall be accompanied by a nonrefundable fee as fixed by resolution of the city council, which shall be in addition to any permit or license fees otherwise required to be paid. All fees shall be paid to the tax collector.

(Ord. 1146 § 4 (part), 1991: prior code § 6-7)

Upon receipt of an application for a used automobile dealer's permit and of the application fee, the director of finance shall submit a report to the city council for confirmation.

(Ord. 1146 § 4 (part), 1991: prior code § 6-8)

There shall be displayed on the premises operated by any holder of a used automobile dealer's permit at all times and in plain view the name of the person to whom the permit has been issued and the number of such permit.

(Prior code § 6-9)

Every used automobile dealer's permit shall be renewable annually. Application therefor shall be made within thirty days from the date of the expiration, and if not so made, such permit shall be subject to revocation. The same information shall be supplied as in the case of an original application; except that fingerprinting identification shall not be required. A nonrefundable fee as fixed by resolution of the city council, plus payment of the business license tax, shall be paid prior to the granting of the application for renewal.

(Ord. 1146 § 5, 1991: prior code § 6-10)

No permit or renewal thereof issued under this article shall be transferable. However, the bona fide transfer of interest in the business shall not be considered a transfer of the permit if the original permittee retains a majority interest in such business.

(Prior code § 6-11)

The original permittee, in the event of a contemplated transfer of interest in a business for which a used automobile dealer's permit has been issued, shall, fifteen days in advance, report the same to the city council in writing, which shall cause an investigation to be made and a hearing to be held as in the original issuance of a permit. The city council may issue, on the same terms and conditions of an original permit, or refuse to issue the new permit. The application for such permit shall be subject to a fee as fixed by resolution of the city council.

(Ord. 1146 § 6, 1991: prior code § 6-12)

Any used automobile dealer's permit may be revoked by the city council when it shall appear that the business is conducted in a disorderly or improper manner or in violation of law, this code or any other ordinance of the city, or that the person conducting the same has become of unfit character or that such person has failed to pay or satisfy, within thirty days after the same shall have become final, any judgment entered against him in any court, arising out of any claim, demand or action for misrepresentation, fraud or deceit committed in connection with the sale of any motor vehicle.

(Prior code § 6-13)

No used automobile dealer's permit may be suspended or revoked except upon a public hearing had by the city council. Written notice of such hearing shall be served upon the permittee at least five days prior to the time of such hearing. Service may be upon the manager or other persons in charge of or at the place of business or by United States mail, postage prepaid, to the address referred to in the application for the permit.

(Prior code § 6-14)

Any person holding a permit as a used automobile dealer who discontinues business for a period exceeding ninety days thereby relinquishes all right or interest in such permit and the same is automatically revoked without action of the chief of police.

(Prior code § 6-15)

Except as otherwise permitted by this section, the surface of the entire area of every used car lot shall be paved either with rock and gravel rolled and bound with an oil mixture to form a firm surface or with an asphaltum pavement with sufficient base and of sufficient thickness to be suitable for use in moving vehicles about over it without indentation. Any pavement of higher character shall be acceptable. Notwithstanding such requirements, any portion of any used car lot may be devoted to a properly irrigated and maintained garden with shrubs, lawn or other treatment for beautification thereof. The surface of every used car lot and sidewalk area in front thereof shall be at all times kept clean and free from weeds.

(Prior code § 6-16)

Every used car lot shall have on it, unless it immediately adjoins a building owned or leased by the used automobile dealer and used by him for the transaction of used car business, an office building of appropriate size built in conformity with the building requirements of the zone or district in which such used car lot is located. Such building shall provide adequate toilet facilities and shall at all times be kept and maintained in a neat, sanitary and clean condition as to the exterior and interior thereof. Purchases, sales and other transactions of the operator of such used car lot shall be transacted within such building as far as possible.

(Prior code § 6-17)

No person operating under the provisions of this article shall store, keep or park automobiles or other motor vehicles upon the premises licensed within twenty-five feet of gasoline supply stations or dispensing units, except while such vehicles are being serviced with gasoline, oil, air, water and battery testing.

(Prior code § 6-18)