[HISTORY: Adopted by the Town of Abington 4-3-2006 ATM by Art. 8.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 159.
[1]
Editor's Note: This Article also superseded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]
A.
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.
B.
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)
C.
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)
D.
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)
E.
A plot plan shall be submitted to the Board of Selectmen in addition
to any plot plan that may be required by other boards.
F.
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)
G.
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)
H.
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)
I.
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.
J.
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)
K.
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.
L.
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.
M.
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.
A.
No dismantled, incomplete, or damaged motor vehicles
or parts thereof shall be visible from the street or to abutters.
B.
All repairs and maintenance of motor vehicles on the
premises are to be done inside of a building or buildings.
C.
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.
E.
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.
F.
The premises and abutting property must be kept free
of debris emanating from the licensed area.
G.
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)
A.
The specific site must be an appropriate location
for such use.
B.
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.
C.
The applicant must show that there will be no nuisance
or serious hazard to vehicles or pedestrians.
D.
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.
E.
The applicant must show that the public convenience
and welfare will be substantially served.
F.
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]
