[HISTORY: Adopted by the Licensing Authority of the Town of Barnstable 10-17-2016. Amendments noted where applicable.]
- CLASS I
- Any person who is a recognized agent of a motor vehicle manufacturer or a seller of motor vehicles made by such manufacturer whose authority to sell the same is created by a written contract with such manufacturer or with some person authorized in writing by such manufacturer to enter into such contract, and whose principal business is the sale of new motor vehicles, the purchase and sale of secondhand motor vehicles being incidental or secondary thereto, and further defined by MGL c. 140, § 58.
- CLASS II
- A person whose principal business is the buying or selling of secondhand motor vehicles, a person who purchases and displays secondhand motor vehicles for resale in retail transactions, and any other person who displays secondhand motor vehicles not owned by him pursuant to an agreement in which he receives compensation, whether solely for displaying the vehicles, upon the sale of each vehicle, and subject to conditions as defined in MGL c. 140, § 58.
- CLASS III
- A person whose principal business is the buying of secondhand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling the same, or the buying or selling of parts of secondhand motor vehicles or tires, or the assembling of secondhand motor vehicle parts may be granted a motor vehicle junk license.
It is prohibited for any person or business to engage in vehicle sale activity without an appropriate license issued by the Licensing Authority.
The applicant/licensee must prove sale of vehicles is its principal business.
A sign is required on the property, whether it is a freestanding sign or displayed in the door or window, listing the name of the business and hours of operation.
All dealerships shall have a repair facility or provide repairs themselves (provided repairs are allowed on the premises). Location of repairs will be available and listed on the application and renewal of the license. This information shall be provided yearly.
A notarized letter stating where repairs will be performed to satisfy the warranty obligations imposed by MGL c. 90, § 7N 1/4 must be submitted with each application and renewal.
All licensees may use a computer-generated version of the Used Vehicle Inventory Book, so long as it is approved by the Massachusetts Department of Revenue.
An inspection of the Used Vehicle Inventory Book for each dealership shall be conducted by the police/inspector at least once a year.
All Class II dealers who do not display vehicles on the licensed property, or who only conduct business via the Internet, shall submit to the Licensing Authority a quarterly report of all vehicle transactions, as delineated in the Used Vehicle Inventory Book.
Internet-only operations may only be allowed in permitted zoning districts permitted for Class II operations and may not, on or off licensed premises, store or display any vehicle for sale to the public or conduct business via pedestrian sales.
Each licensee must comply with MGL c. 90, § 7N 1/2.
All Class II licensees are required to carry, at minimum, $25,000 bond.
All vehicles that are for sale which are parked outside of a building must be in salable and drivable condition.
Licensing agents for the Town of Barnstable will perform inspections throughout the year to ensure the license holder is in conformance with the restrictions of that license.
All signs, flags and other forms of outdoor display must be approved by the Building Department.
No spare or junk parts may be stored outside of a building. No repair work may be conducted outside of a building except for minor emergency or reactive repairs to be completed by the end of the workday. Scrap metal must be kept in a recycling container and emptied on a regular basis.
Properties must be kept clean and maintained at all times.
Any outdoor lighting must not impose on any abutting properties.
An approved parking plan shall be available on site for any inspections.
All spaces delineated on the approved parking plan shall be marked out with lines, on the surface of the property, except for lots that are storage or nonasphalt surfaces. Existing licensed premises or existing storage lots may be of nonasphalt surfaces; however, surfaces may not be altered from paved to nonasphalt at any time.
Total vehicle count shall include the numbers of displayed/unregistered vehicles, customer vehicles, including spaces, handicap accessibility, and employee vehicles. The plan shall be approved by the Building Commissioner and Fire Department. This shall apply to all new, transferred or amended license applications.
A physical vehicle count may be conducted quarterly by the police/inspectors of all Class I and Class II dealerships.
Motor vehicles for sale or lease may not be displayed less than 10 feet from property line.
Prior to any changes in operation, the licensee must apply to the Licensing Authority for a license which will include the proposed change, if such change involves any of the following:
Sale, transfer or any change in ownership of the licensed premises;
Incorporation or other business organization procedures which may distribute ownership and/or liability of such business in a manner different than as set forth in the current business organization of the licensee.
Expansion of that portion of the premises occupied by the licensee to be designated or devoted to the licensed activity beyond the boundaries designated and highlighted in the plan submitted with the original application.
Removal of a substantial portion of the licensed activity to different premises than those set forth in the previous license.
A change in the licensed activity which constitutes a substantial portion of the licensed activity being conducted in a license classification for which the licensee is not licensed.
A change in principal business activity of the licensee.