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Guest
Guest
My question involves business law in the state of: NEW JERSEY
A local township recently changed their ordinance in regards to contracting companies to provide towing services for the police department within the township.
The newly drafted ordinance states;
"In the event that the official tower is conducting business operating under a trade or business name, the applicant shall submit a certificate of such name as proof that such name has been appropriately filed with the County Clerks Office of Bergen County and/or with the Secretary of State of the State of New Jersey. No Fiduciary obligation in more than a single tow company"
Our family owns 3 towing companies that tow for the township. Our competitors are jealous because we have more than one company that tows for the town, which means we get more calls than them. The have coerced the city council members (probably through bribery) to add this verbiage into the ordinance. It would be understandable if there was one real company and two paper companies, however, we own three brick and mortar businesses in different towns. Each company has its own tax id, its own employees, their own 6 trucks each (as required by the ordinance), they pay their own insurance, have their own phone numbers and addresses, etc. However, they all have the same CEO.
One of our competitors has one company and a paper company. They operate out of the same yard and use the same trucks. Both companies are on the same Certificate of Occupancy. They work out of one location. I agree that this shouldn't be allowed.
We have three Body shops in different towns, and they each have their own "towing division." The auto-body repair work comes from the towing. Why should we be limited to one company to tow for the township? One shop will have work and the other two locations will starve for work. Is this legal ? I am aware there is the Clayton Act however I don't believe our companies fall under those thresholds. I believe this is discrimination, but is it illegal discrimination.
Just food for thought, in the same town, one man owns three gas stations on the same street within a few miles of each other. They are Gulfs. It would be like the guy who owns the Lukoil complaining "its not fair that the gulf has more locations than me." My father is the business owner and he started working on cars in his backyard when he was fourteen. He bought the first location when he was 20, then another ten years later, then another about 8 years later. Why should his entrepreneurship be punished. Its not his fault the other companies are too stupid to have opened more than one business. When we go to the town hall meetings the other companies literally kick and scream like baby's who got their pacifier taken away and literally state "Its not fair" If I had a dollar for every time I heard "Its not fair" I could retire. Thank you for any input.
http://www.mahwahtwp.org/uppages/Agenda%20and%20Docs%2072315.pdf
It is page 11 [4-2.4.(2)]of the PDF you can see the full context.
A local township recently changed their ordinance in regards to contracting companies to provide towing services for the police department within the township.
The newly drafted ordinance states;
"In the event that the official tower is conducting business operating under a trade or business name, the applicant shall submit a certificate of such name as proof that such name has been appropriately filed with the County Clerks Office of Bergen County and/or with the Secretary of State of the State of New Jersey. No Fiduciary obligation in more than a single tow company"
Our family owns 3 towing companies that tow for the township. Our competitors are jealous because we have more than one company that tows for the town, which means we get more calls than them. The have coerced the city council members (probably through bribery) to add this verbiage into the ordinance. It would be understandable if there was one real company and two paper companies, however, we own three brick and mortar businesses in different towns. Each company has its own tax id, its own employees, their own 6 trucks each (as required by the ordinance), they pay their own insurance, have their own phone numbers and addresses, etc. However, they all have the same CEO.
One of our competitors has one company and a paper company. They operate out of the same yard and use the same trucks. Both companies are on the same Certificate of Occupancy. They work out of one location. I agree that this shouldn't be allowed.
We have three Body shops in different towns, and they each have their own "towing division." The auto-body repair work comes from the towing. Why should we be limited to one company to tow for the township? One shop will have work and the other two locations will starve for work. Is this legal ? I am aware there is the Clayton Act however I don't believe our companies fall under those thresholds. I believe this is discrimination, but is it illegal discrimination.
Just food for thought, in the same town, one man owns three gas stations on the same street within a few miles of each other. They are Gulfs. It would be like the guy who owns the Lukoil complaining "its not fair that the gulf has more locations than me." My father is the business owner and he started working on cars in his backyard when he was fourteen. He bought the first location when he was 20, then another ten years later, then another about 8 years later. Why should his entrepreneurship be punished. Its not his fault the other companies are too stupid to have opened more than one business. When we go to the town hall meetings the other companies literally kick and scream like baby's who got their pacifier taken away and literally state "Its not fair" If I had a dollar for every time I heard "Its not fair" I could retire. Thank you for any input.
http://www.mahwahtwp.org/uppages/Agenda%20and%20Docs%2072315.pdf
It is page 11 [4-2.4.(2)]of the PDF you can see the full context.
