[HISTORY: Adopted by the Town of Abington 4-3-2006 ATM by Art. 8. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 159.
Editor's Note: This Article also superseded former Ch. 164, Vehicles, Sale of, adopted 4-7-2003 ATM by Art. 11.
[Amended 4-2-2012 ATM by Art. 15N; 6-6-2016 ATM by Art. 9]
No person, except on whose principal business is the manufacture and sale of new motor vehicles but who incidentally acquires and sells secondhand vehicles, or a person whose principal business is financing the purchase of or insuring motor vehicles but who incidentally acquires and sells secondhand vehicles, shall engage in the business of buying, selling or exchange of secondhand motor vehicles or allow any property under his control to be used as a place of sale or display of such motor vehicles without first securing a Class II license as provided in MGL c. 140 § 59.
[Amended 4-2-2012 ATM by Art. 15N]
A Class II license shall be defined in MGL c. 140, § 58 and may be issued to any person whose principal business is the buying and selling of secondhand motor vehicles.
The licensing authority in the Town of Abington shall be the Board of Selectmen, and in issuing Class II licenses it shall follow the procedures set forth in MGL c. 140, Section 59.
[Amended 4-2-2012 ATM by Art. 15H; 6-6-2016 ATM by Art. 9]
No license will be granted to any applicant or renewed for any application with outstanding unpaid taxes or fees owed to the Town of Abington, or on any property for which such outstanding unpaid taxes or fees are owed, all in accordance with the provisions of MGL c. 40, § 57 and Chapter 102 of the General Bylaws.
The sale of motor vehicles shall be the principal business of the applicant. Further, the applicant must be actively involved in the sale of used motor vehicles in the Town of Abington. No "pocket" licenses will be issued. (MGL c. 140, Section 58)
The license holder must maintain or demonstrate access to repair facilities sufficient to enable him or her to satisfy the warranty repair obligations imposed by MGL c. 90, Section 7N 1/4. (MGL c. 140, Section 58)
The Board of Selectmen shall cause an investigation of the facts stated in the application, that the applicant is a proper person to engage in the business of selling motor vehicles in the Town of Abington. (MGL c. 140, Section 59)
A plot plan shall be submitted to the Board of Selectmen in addition to any plot plan that may be required by other boards.
If the applicant had not held a Class 2 license in the year prior to making of the application, the application must be completed in duplicate, with one copy being filed with the licensing authority (Board of Selectmen), and the other copy filed with the Registry of Motor Vehicles. (MGL c. 140, Section 59)
No Class 2 license shall be granted unless the licensing authority is satisfied from its investigation of the facts stated in the application, or other available information, that the applicant is a "proper person." (MGL c. 140, Section 59)
Any Class 2 license that is issued by the licensing authority shall specify all of the premises to be occupied and used by the licensee for the purpose of carrying on the licensed business. (MGL c. 140, Section 59)
Permits for a change of situation of the licensed premises or any lawfully permitted additions thereto may be granted at any time by the licensing authority, in its discretion, in writing with a copy of any such permit to be attached to the license.
The rules and regulations promulgated by the Registry of Motor Vehicles defining sufficient repair facilities for holders of used car dealer's licenses (Class 2) represent minimum standards that must be complied with by the holders of such licenses. (MGL c. 140, Section 58)
An applicant for a Class 2 license must demonstrate compliance with all requirements of the Abington Zoning Bylaws, or the approval of any required zoning relief from the Zoning Board of Appeals and shall also submit to the Board of Selectmen any plans required for such zoning relief or approval; otherwise such license will not be issued by the licensing authority. If not required in connection with the approvals listed in the preceding sentence, there shall be submitted a plot plan that, at a minimum, integrates green space to enhance the aesthetics of the licensed premises, unless the Board of Selectmen determines that the same is not reasonably feasible. A determination of reasonable feasibility shall be based upon topographical limitations of the premises and may not be predicated solely on financial hardship to the applicant.
All licenses granted under MGL c. 140, Section 59, and this Bylaw shall be revoked by the licensing authority if it appears after a hearing that the licensee is not complying with all laws applicable to the licensed business and property, including but not limited to MGL c. 140, Sections 57 to 69, inclusive, this Bylaw, or the rules and regulations made thereunder.
All applicants for a Class 2 license shall undergo a criminal history background check by a criminal offender record information certified individual through the Department of Criminal Justice Information Services and in compliance with MGL c. 6, § 172. If the Board of Selectmen or its authorized designee is inclined to make an adverse decision based on the results of this check, in accordance with MGL c. 6, § 171A, the applicant shall be notified, provided with a copy of the criminal record and the Town's Criminal Offender Record Information ("CORI") policy, advised of the part(s) of the record that make the applicant unsuitable for the license, and given the opportunity to dispute the accuracy and relevance of the CORI record.
No dismantled, incomplete, or damaged motor vehicles or parts thereof shall be visible from the street or to abutters.
All repairs and maintenance of motor vehicles on the premises are to be done inside of a building or buildings.
Appropriate fencing may be required if, in the opinion of the Board of Selectmen, it is deemed necessary to control access to the property, or to maintain the aesthetic value of the neighborhood.
Sufficient customer parking must be available on the premises to meet the requirements of the Zoning Bylaws of the Town of Abington. Additionally, one parking space for every 1,000 square feet of lot area used for the display of used motor vehicles must also be available on the premises.
The premises and abutting property must be kept free of debris emanating from the licensed area.
Violation of any of the foregoing provisions shall be cause for suspension or revocation by the licensing authority of the license granted. (MGL c. 140, Section 59)
The specific site must be an appropriate location for such use.
The use of property for the sale of motor vehicles will not be substantially detrimental to the established or future character of the neighborhood or of the Town of Abington.
The applicant must show that there will be no nuisance or serious hazard to vehicles or pedestrians.
The applicant must show that adequate and appropriate facilities will be provided for the proper operation of the motor vehicle dealership, as specified by state and Town regulations.
The applicant must show that the public convenience and welfare will be substantially served.
The applicant must show evidence at the time of the public hearing that he or she has notified in writing all abutters seven days prior to the hearing of his or her application. Such notice shall be at the sole expense of the applicant.
[Amended 4-2-2012 ATM by Art. 15I]