[HISTORY: Adopted by the City Council of the City of Gardner
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-4-1990 by Ord. No. 1052]
The purpose of this article is to establish a procedure and
policy of the City with respect to the issuance of Class 1, 2 and
3 licenses under MGL c. 140, § 58, in order to promote the
health, safety and general welfare of the inhabitants of the City
of Gardner.
[Amended 11-18-2013 by Ord. No. 1563]
No person shall engage in the business of buying, selling, exchanging, or assembling secondhand motor vehicles, or parts thereof, without securing a license as provided in this article and as provided under MGL c. 140, § 59, unless otherwise permitted under the provisions of MGL c. 140, § 57. The City Council, as licensing authority, may grant licenses under this article which shall expire on January 1 following the date of issue unless sooner revoked for just cause. License fees for each license and renewal thereof shall be as provided in Article II of Chapter 390, Fees, of this Code.
A.
Any person or entity seeking a license shall submit an application
for said license on such form as shall be approved by the Registrar
of Motor Vehicles. If the applicant has not held a license in the
year prior to such original application, such application shall be
made in duplicate, and the duplicate copy shall be filed with the
Registrar.
B.
All original applications or application for renewal shall be initially submitted to the Chief of Police. Upon receipt, the Chief of Police, or his designee, shall conduct a background investigation of the applicant and an inspection of the premises for which a license is sought. Following the investigation and inspection, the Chief of Police or his designee shall submit a report concerning the condition of the premises and the manner in which the business has been or is to be conducted, and by whom, together with the application to the Council. The issuance of all licenses under this article shall be subject to Chapter 675, Zoning, of this Code.
C.
Upon receipt of the application and the report from the Police Department,
the City Council shall consider the issuance of the license requested.
However, no license or permit shall be issued to a person for a Class
3 license until after a hearing, of which seven days' notice shall
have been given to the abutting property owners. The Council in making
its decision on the application for license will consider whether
the background of the applicant makes him or her a suitable person
to deal in such a business, whether the business is his or her principal
business and whether the place of the business is suitable for the
purpose.
D.
Pursuant to this article and the requirements of MGL c. 140, §§ 57
through 69, the City Council of the City of Gardner shall consider
the facts and testimony submitted on the issuance of the requested
license. The Council shall vote as a body, a quorum being present,
and make a determination by considering the report of the Chief of
Police or his designee, and any recommendation submitted by any other
City board, official or commission, and testimony given by the general
public at a public hearing, if any.
E.
The license shall specify all of the premises to be occupied by the
licensee for the purpose of carrying on the licensed business. Permits
for a change of situation of the licensed premises or for additions
thereto may be applied for at any time and may not be implemented
without an approval of the City Council. Each second-class license
premises shall consist of an office to conduct daily business and
a lot to park vehicles which are for sale. Effective July 1, 1996,
each second-class license holder shall display no more than one vehicle
for each 180 square feet of space actually available for the parking
of vehicles. For the purpose of firesafety and ease of access for
emergency response, each vehicle displayed on said lot shall be parked
in such a manner that it can be readily accessed and moved directly
off the lot, whether by driving, pushing or towing, and without the
necessity of moving any other vehicle or obstruction in its path.
[Amended 6-3-1996 by Ord. No. 1220]
F.
Notwithstanding anything to the contrary as set forth in Chapter 606, Article I, § 606-2E, a second-class license premises may operate without a lot on which to park vehicles for sale so long as such second-class-licensed business operates solely over the Internet or other means of electronic commerce and operates in compliance with the following conditions.
[Added 8-3-2015 by Ord.
No. 1579[1]]
(1)
Internet-
or electronic-commerce-based second-class-licensed businesses shall
at all times comply with all Commonwealth of Massachusetts statutes
and regulations governing the operation of second-class-licensed businesses;
(2)
Internet- or electronic-commerce-based second-class-licensed businesses shall at all times comply with Chapter 675 of this Code and the applicable zoning district in which the licensed premise exists;
(3)
At
no time shall an Internet- or electronic-commerce-based second-class-licensed
business permit the storage, delivery, parking of, or display of vehicles
on the licensed premises or on any public way within the City of Gardner;
(4)
Internet-
or electronic-commerce-based second-class-licensed businesses shall
submit with their initial second-class license application, and any
renewal application thereafter, to the licensing authority, a list
of all repair facilities to which the licensed business has access
sufficient to enable the licensed business to satisfy the warranty
repair obligations as set forth in MGL c. 90, § 7N1/4;
(5)
Internet-
or electronic-commerce-based second-class-licensed businesses shall
submit to the Gardner Police Department, with a copy to the licensing
authority, a quarterly report of all vehicle transactions, as delineated
in the Used Vehicle Inventory Book.
[1]
Editor's Note: This ordinance also redesignated former Subsection
F as Subsection G.
G.
No license shall be granted to a person within Class 3 for a motor
vehicle junkyard unless such junkyard meets the specific requirements
of MGL c. 140, § 59A, as amended by Chapter 663, Section
2, of the Acts of 1985. No license shall be granted under Class 3
unless the application has been forwarded to the Department of Public
Works within three working days of the filing of the application and
the Director of Public Works has certified to the Council compliance
of the applicant with the provisions of MGL c. 140, § 59A(c)(4).
All licensees shall apply for renewal at least 30 days prior
to the expiration date. If a licensee has not timely applied for renewal,
an additional fee of $50 shall be required together with any fee for
the application for renewal of the license. No license shall be renewed
hereunder unless the applicant has shown to the satisfaction of the
Council that the license has actually been used in the preceding license
period. The public hearing for a Class 3 license may be waived by
the Council on applications for renewal.
[Amended 11-18-2013 by Ord. No. 1563]
Any person who violates the provisions of this article shall
be punished by a fine not exceeding $100 for each offense. Each day
that such violation continues shall constitute a separate offense.
This penalty shall be in addition to any penalty prescribed under
MGL c. 140, § 68 or 69.
All licenses granted under this article may be suspended or
revoked by the City Council acting as licensing authority in the event
of violation of this article or MGL c. 140, §§ 57 through
69. A hearing will be held on the alleged violations at which the
licensee will be allowed to present contrary or mitigating evidence.
No hearing is necessary if violations are reported to the City Council
by the State Registrar of Motor Vehicles. Appeals may be taken under
the provisions of MGL c. 140, § 59.
The provisions of this article are deemed to supplement the laws of the Commonwealth of Massachusetts relative to licensing the sale of secondhand motor vehicles. Nothing herein shall be construed to mean that the applicant is excused from obtaining any other permits which are required under Chapter 675, Zoning, of this Code or any other state or federal law or regulation or of complying with any of the provisions of such laws or regulations.
Police officers are entitled to conduct warrantless inspections
of any used car business pursuant to MGL c. 140, § 66.
[Adopted 11-6-1995 by Ord. No. 1203]
All premises on which unused or unregistered motor vehicles
are parked, stored or otherwise placed in pursuance of a Class 3 license
granted under MGL c. 140, § 58, shall be fenced in or screened
in by the owner of such land with an opaque material or with evergreen
plantings to a height of at least six feet.
Any used car dealer who parks, stores or otherwise places in
or upon land motor vehicles which have had more than one owner must
first secure a permit from the City Council to use land for this purpose.
[Amended 11-18-2013 by Ord. No. 1563]
Notice of any violation of this article shall be given in writing
to the owner of the land involved by the Police Department. If the
owner has leased the land, the lessee or lessees thereof also shall
be given notice of the violation by the Police Department. If such
violation is not remedied within 14 days of the issuance of said written
notice, such owner or lessee or lessees shall be liable to a fine
of $50 per day for each violation beyond the aforementioned fourteen-day
period.
