The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Licensing Board of the City created in § 14-31.
Class 2 licenses provided for under MGL c. 140, § 58.
A person licensed under the provisions of Class 2 licenses
to buy and sell secondhand motor vehicles.
Before a license may be issued to any person to engage in the
business of selling secondhand motor vehicles, an application, furnished
by the Licensing Board, shall be completed and filed with the board,
together with a license fee in the amount established by the board;
provided that such fee shall not be in excess of that permitted by
MGL c. 140, § 59.
No person shall be licensed to buy and sell secondhand motor
vehicles unless he has filed with his application a sworn statement
certifying that such business will be his principal business and that
it will be conducted under the provisions of MGL c. 140.
Any person filing an application for a license shall file with
the Licensing Board a plot plan of the premises on which the business
will be conducted. The plot plan shall show the names of all abutters
and the location and ownership of any buildings presently on the premises.
Each applicant for a license shall submit a financial statement
of his assets and liabilities for the consideration of the Licensing
Board, which statement shall be confidential and not open to public
inspection.
A.
Grounds. Licenses issued pursuant to this article may be revoked
by the Licensing Board after notice and hearing for any of the following
causes:
(1)
Any fraud, misrepresentation or false statement contained in the
application for a license, and in any other information furnished
therewith.
(2)
Any fraud, misrepresentation or false statement made in connection
with the sale of secondhand vehicles.
(3)
Any violation of this article or the provisions of MGL c. 140, §§ 67
through 69, inclusive, and the rules and regulations thereunder.
(4)
Conviction of the licensee of any felony or of any misdemeanor involving
moral turpitude.
(5)
Conducting the business licensed under this article in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
(6)
Termination of the business.
(7)
Failure to pay taxes.
B.
Procedure. Notice of the hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of the
complaint and the time and place of the hearing. Such notice shall
be given by registered mail to the licensee at his last known address,
at least five days prior to the date set for the hearing. Any person
aggrieved by any action of the board may appeal such decision to a
court of competent jurisdiction within the time prescribed.
Every licensee under the provisions of this article shall provide
a suitable place to conduct the business of selling secondhand motor
vehicles, which shall include a building suitable for such purposes,
and any buildings constructed on the licensed premises shall conform
to all state laws and regulations and to all City ordinances. The
Licensing Board shall be satisfied before it issues such a license
that adequate sanitary facilities are available on or available to
the licensed premises. The area used for the display of such used
motor vehicles shall be blacktopped or otherwise made suitable for
display purposes. No license shall be issued unless the premises to
be used are first inspected by the members of the board. Holders of
licenses granted by the board prior to the effective date of the ordinance
from which this section was derived, under the provisions of MGL c.
140, § 58, shall have the right to renew their licenses
from year to year hereafter, provided that they meet the requirements
of the board in effect at the time of the original issuance of such
licenses, and of the provisions of the General Laws then existing
at the time of such renewal.
Every licensee under the provisions of this article shall keep
a book in the licensed premises in which, at the time of purchase,
sale, exchange or receipt for the purpose of sale of any secondhand
motor vehicle or parts thereof, shall be legibly written in the English
language an account and description of such motor vehicle or parts,
with the name and address of the seller, of the purchaser, and of
the alleged owner or other person from whom such motor vehicle or
parts were purchased or received, or to whom delivered, as the case
may be. Such description, in the case of motor vehicles, shall also
include the engine number, if any, the maker's number, if any, the
chassis number, if any, and such other number of identification marks
thereon, and shall also include a statement that a number has been
obliterated, defaced or changed, if such is a fact.
The members of the Licensing Board, or any duly authorized agents
or representatives, may at any time enter upon the premises of any
person licensed under the provisions of this article to ascertain
how he conducts his business, and to examine all secondhand motor
vehicles or parts thereof kept or stored in or upon the premises,
and all books, papers and records relating thereto.
No licensee under the provisions of this article shall carry
on his business in any other place or manner than that designated
in his license, without first obtaining permission from the board.
Any person duly licensed by the Licensing Board to buy and sell secondhand motor vehicles prior to the effective date of the ordinance from which this article was derived shall not be required to reapply for a license under the provisions of this article; provided, however, that such licenses shall be subject to revocation for violation of any of the provisions of MGL c. 140, or pursuant to § 14-236, where applicable, but only after a hearing in accordance with the provisions of § 14-236.
