[HISTORY: Adopted by the Licensing Authority of the Town
of Barnstable 10-17-2016. Amendments
noted where applicable.]
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.
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.
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.
A.
It is prohibited for any person or business to engage in vehicle
sale activity without an appropriate license issued by the Licensing
Authority.
B.
The applicant/licensee must prove sale of vehicles is its principal
business.
C.
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.
D.
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.
E.
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.
F.
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.
G.
An inspection of the Used Vehicle Inventory Book for each dealership
shall be conducted by the police/inspector at least once a year.
H.
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.
I.
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.
J.
Each licensee must comply with MGL c. 90, § 7N 1/2.
K.
All Class II licensees are required to carry, at minimum, $25,000
bond.
L.
All vehicles that are for sale which are parked outside of a building
must be in salable and drivable condition.
M.
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.
A.
All signs, flags and other forms of outdoor display must be approved
by the Building Department.
B.
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.
C.
Properties must be kept clean and maintained at all times.
D.
Any outdoor lighting must not impose on any abutting properties.
A.
An approved parking plan shall be available on site for any inspections.
B.
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.
C.
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.
D.
A physical vehicle count may be conducted quarterly by the police/inspectors
of all Class I and Class II dealerships.
E.
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:
A.
Sale, transfer or any change in ownership of the licensed premises;
B.
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.
C.
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.
D.
Removal of a substantial portion of the licensed activity to different
premises than those set forth in the previous license.
E.
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.
F.
A change in principal business activity of the licensee.
