§ 8-16. Definitions  


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  • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Automotive jobber and supply firm. Any person who buys in the open market or who holds a contract with a manufacturer of motor parts, motor vehicle units, accessories or supplies, for the purpose of engaging in, conducting or carrying on, primarily or incidentally, wholly or part time, the public business of buying, selling, offering for sale, consigning to be sold, servicing, trading or otherwise publicly dealing in new parts, units or supplies for motor vehicle maintenance or accessories for motor vehicles and who engages in, conducts or carries on such public business. Such term shall not apply to the exchange of automotive parts where no factory consecutive serial number is used and the part is shown as an exchange item in a standard parts catalogue.

    Automotive parts rebuilder. Any person who engages in, conducts, or carries on the public business of buying, selling, offering for sale, consigning to be sold, trading or otherwise dealing with the public or operating as a public dealer in rebuilt parts and accessories, to include the following: Motors for motor vehicles, transmissions, differentials, generators, starters, carburetors, fuel pumps, shock absorbers, voltage regulators and distributors.

    Automotive rebuilder. Any person who, primarily or incidentally, wholly or part time, engages in, conducts, or carries on the public business of buying, selling, offering for sale, consigning to be sold, trading or otherwise dealing with the public in or operating as a public dealer in used, secondhand or salvage titled motor vehicles or trailers for the purpose of rebuilding or dismantling wrecked or salvage titled motor vehicles or trailers.

    Automotive repair facility. Any person who engages in, conducts or carries on the public business of repairing motor vehicles or motor vehicle trailers, or both. This term includes a mobile automotive repair business.

    Body shop facility with storage privileges. Any person who operates an automotive repair facility that is primarily a body shop and has qualified under division 4 of this article to provide storage of customer vehicles for not more than 30 days in exchange for a fee pending the repair or other disposition of the vehicles. Automotive rebuilder. Any person who, primarily or incidentally, wholly or part time, engages in, conducts, or carries on the public business of buying, selling, offering for sale, consigning to be sold, trading or otherwise dealing with the public in or operating as a public dealer in used, secondhand or salvage titled motor vehicles or trailers for the purpose of rebuilding or dismantling wrecked or salvage titled motor vehicles or trailers."

    Consent storage lot operator. Any person who engages in, conducts or carries on the public business of storing motor vehicles, including wrecked, damaged, or repossessed motor vehicles; provided however that this term shall not include those who store new or used motor vehicles pending the retail sales thereof nor those who own or operate lots or garages for the hourly or daily parking of motor vehicles. The term also shall not include any facility that is required to be licensed pursuant to the Vehicle Storage Facility Act (Chapter 2303 of the Texas Occupations Code) unless the facility, in addition to keeping vehicles parked or stored without the owners' consent as authorized by a license granted thereunder, keeps vehicles parked or stored with the owners' consent.

    Dealer in motor vehicles. Any person who publicly engages in, conducts, or carries on the business of buying, selling, offering for sale to the public, consigning to be sold to the public, trading or otherwise dealing in motor vehicles or motor vehicle trailers, or both; provided, however, that this term does not include a person who repairs or stores disabled, wrecked, or salvage titled motor vehicles.

    Demonstrator. Any motor vehicle which has been used by any new motor vehicle dealer in effectuating the sales and which has been driven more than 150 miles.

    Itinerant dealer. Any person who engages in the temporary or transient public business in the city of selling or offering for sale new or used motor vehicles, trailers, motor vehicle parts, supplies for motor vehicle maintenance, accessories for motor vehicles, or any or all of the same, or publicly exhibiting any or all of the same for public sale, and who, for the purpose of carrying on such public business or conducting such public exhibits, either hires, rents, leases, or occupies any room or space in any building, structure or enclosure in the city, in, through or from which such articles are or may be sold, offered for sale, or exhibited for sale. The word "temporary" used above means any such business transacted or conducted in the city for which definite arrangements have not been made for the hire, rental or lease of premises for at least three months, or upon which such public business is to be operated or conducted. The word "established" as used herein means and shall be construed to mean any such business transacted or conducted in the city for which definite arrangements have been made for the hire, rental or lease of premises for at least three months. The word "transient" as used above means and shall be construed to mean such business as may be operated or conducted by a person who does not have a fixed place of business (other than a temporary place as herein defined) in the city or who has his principal place of business in a place other than the city, and moves stocks of goods or articles into the city for public sale with the purpose or intention of removing the unsold portion thereof away from the city and ceasing to engage in business in the city before the expiration of three months from the commencement of such business. It is specifically provided that the term "itinerant dealer" shall also include any person engaged in the businesses hereinabove mentioned, who associates himself temporarily with any local licensee hereunder, by conducting such temporary or transient business in connection with or as a part of the business of any local licensee. No person will be granted a license as an itinerant dealer unless he sets up and maintains a regular place of business at a fixed address in the city open to the inspection of the police and the public.

    Mobile automotive repair business. Any person who provides the services of an automotive repair facility, a retail supply dealer, or a used parts and used accessories dealer at a location determined by a vehicle owner solely from one or more mobile repair units and does not have a facility or regularly established location or place of business that is or may be used for the provision of such repair services.

    Mobile repair unit. A motor vehicle used by a mobile automotive repair business to conduct repair services.

    Police chief means the chief of police of the city or his designee.

    Retail supply dealer. Any person who publicly engages in, conducts or carries on the public business of buying, selling, offering for sale, trading or otherwise dealing in new parts, motor vehicle units, supplies for motor vehicle maintenance or new accessories for motor vehicles to consumers; but does not rebuild, dismantle, wreck or disassemble motor vehicles or trailers as part of such business. The term does not include convenience stores as defined in section 28-401 of this Code.

    Salesman. Any person who sells, offers for sale, leases or offers for lease any new or used motor vehicle, new or used motor vehicle trailer, used motor vehicle parts or used accessories for motor vehicles.

    Salvage titled motor vehicle means a motor vehicle that has been issued a salvage vehicle title by the Texas Department of Motor Vehicles pursuant to Texas Transportation Code, Chapter 501.

    Storage lot operator. Any person, other than the licensed owner(s) of record, working at a vehicle storage facility licensed under article 3 of this chapter.

    Used automotive parts recycler means any person who engages in the public business of keeping or storing discarded, abandoned, junked, wrecked, worn out, salvage titled or otherwise disabled or nonrepairable motor vehicles, including but not limited to cars, trucks, tractor trailers and buses, for the purpose of disassembling, dismantling, cutting up, stripping or otherwise wrecking those motor vehicles to extract therefrom parts, components, or accessories for sale, export or use in an automotive repair or rebuilding business.

    Used parts and used accessories dealer. Any person who, primarily or incidentally, wholly or part time, engages in, conducts, or carries on the public business of buying, selling, offering for sale, consigning to be sold, trading or otherwise dealing with the public in or operating as a public dealer in used or secondhand motor vehicle parts or accessories for motor vehicles, either or both; but does not rebuild, dismantle, wreck or disassemble motor vehicles or trailers as part of such business. This term shall not include a business that is licensed as a pawnshop pursuant to Chapter 371 of the Texas Finance Code.

    Used parts and used accessories seller. Any person whose name is reported to the police department on more than three occasions as required by section 8-25(b) of this Code over a 12-month period.

    Wholesale automotive jobber and supply firm. Any person who holds a contract with a manufacturer of motor parts, motor vehicle units, accessories or supplies for the purpose of and is primarily or incidentally, wholly or part time, engaged in, conducting or carrying on the public business of buying, selling or offering for sale or otherwise publicly dealing in new or used parts, motor vehicle units, supplies for motor vehicle maintenance or accessories for motor vehicles at wholesale or quantity prices or at a price or prices lower than the established published retail price or prices, and makes sales to garage service stations or dealers for expected resale to the consumer. The term shall not apply to the exchange of automotive parts where no factory consecutive serial number is used and the part is shown as an exchange item in a standard parts catalogue.

(Code 1968, § 8-11; Ord. No. 67-2161, § 1, 11-8-67; Ord. No. 71-1242, § 1, 7-13-71; Ord. No. 86-1252, § 2, 7-16-86; Ord. No. 87-1195, §§ 1, 2, 7-8-87; Ord. No. 93-1574, §§ 1—3, 12-8-93; Ord. No. 99-1354, § 1, 12-21-99; Ord. No. 08-249, § 1, 3-26-08; Ord. No. 08-1054, § 3, 12-3-08; Ord. No. 2013-1159, § 2, 12-11-2013; Ord. No. 2013-1209, §§ 2, 3, 12-18-2013; Ord. No. 2014-482, § 2, 5-28-2014)