[HISTORY: Adopted by the Town of Easton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-1988 ATM by Art. 12 (Art. 33 of the 1922 Bylaws)]
[Amended 4-12-1993 ATM by Art. 38]
No person, except one 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 in[1] 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 exchanging 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. The total number of Class II licenses available shall be 25.
[1]
Editor's Note: So in original. Should be "is."
[Amended 5-15-2006 ATM by Art. 20]
A Class II license shall be as defined in MGL c. 140, § 58 and may be issued to any person whose principal business is the buying or selling of secondhand motor vehicles who falls within the limit of 25 licenses to be issued by the licensing authority of the Town of Easton on an annual basis.
[Amended 5-20-2019 ATM by Art. 21]
The Licensing Authority in the Town of Easton shall be the Select Board, and in issuing Class II licenses it shall follow the procedures set forth in MGL c. 140, § 59.
[Adopted 6-13-1989 ATM by Art. 20 (Art. 35A of the 1922 Bylaws)]
A. 
The total number of Class II licenses available shall be 25. (See Article I, § 215-1 of this Chapter.)
[Amended 5-15-2006 ATM by Art. 20]
B. 
No license will be granted to any applicant with outstanding unpaid taxes or fees owed to the Town of Easton. (MGL c. 140, § 57.)
C. 
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 Easton. No "pocket" licenses will be issued. (MGL c. 140, § 58.)
[Amended 11-15-2010 STM by Art. 6]
D. 
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, § 7N 1/4. (MGL c. 140, § 58.)
E. 
The Select Board shall cause an investigation of the facts stated in the application, that the applicant is a qualified person to engage in the business of selling motor vehicles in the Town of Easton. (MGL c. 140, § 59.)
[Amended 5-20-2019 ATM by Art. 21]
F. 
An application for a new Class II license, a transfer of a Class II license or an application for a modification to an existing Class II license must be accompanied by a site plan approved by the Planning & Zoning Board in accordance with Section 7-10 of the Zoning Bylaws.[1]
[Amended 11-15-2010 STM by Art. 6]
[1]
Editor's Note: See now Ch. 235, Zoning, § 235-57, Site plan approval.
G. 
If the applicant has not held a Class II 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 (Select Board), and the other copy filed with the Registry of Motor Vehicles. (MGL c. 140, § 59.)
[Amended 5-20-2019 ATM by Art. 21]
H. 
No Class II 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, § 59.)
I. 
Any Class II license that is issued by the Licensing Authority shall specify all of the premises to be occupied and used by the licensee for the purposes of carrying on the licensed business. (MGL c. 140. § 59.)
[Amended 11-15-2010 STM by Art. 6]
J. 
The rules and regulations promulgated by the Registrar of Motor Vehicles defining sufficient repair facilities for holders of Used Car Dealer's Licenses (Class II) represent minimum standards that must be complied with by the holders of such licenses. (MGL c. 140, § 58.)
K. 
An Applicant for a Class II license must comply with all requirements of the Easton Zoning Bylaws, otherwise such license will not be issued by the Licensing Authority.
L. 
All Licenses granted under MGL c. 140, § 59 shall be revoked by the Licensing Authority if it appears, after a hearing, that the licensee is not complying with MGL c. 140, §§ 57 to 69, inclusive, or the rules and regulations made thereunder.
A. 
No dismantled, incomplete or damaged motor vehicles or parts thereof shall be visible from the streets or to abutters.
B. 
All repairs and maintenance of motor vehicles on the premises are to be done inside a building or buildings.
C. 
Appropriate fencing may be required if, in the opinion of the Select Board, it is deemed necessary to control access to the property, or to maintain the aesthetic value of the neighborhood.
[Amended 5-20-2019 ATM by Art. 21]
D. 
The number of motor vehicles for display on the premises shall be limited to the number of vehicles indicated on the Class II license issued by the Select Board.
[Amended 11-15-2010 STM by Art. 6; 5-20-2019 ATM by Art. 21]
E. 
Business hours shall be from 8:00 a.m. to 9:00 p.m.
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. 58, § 59)[1]
[1]
Editor's Note: See now MGL c. 140, § 59
H. 
The investigation of violations under this Subsection shall be delegated to the Police Department and to the Inspector of Buildings, each of which may enter the licensed premises at reasonable times to inspect and investigate the conditions in order to ensure compliance with the terms of the license.
[Amended 11-15-2010 STM by Art. 6]
A. 
The specific site must be an appropriate location for such use.
B. 
The use of the property for the sale of motor vehicles will not be detrimental to the established or future character of the neighborhood or of the Town of Easton.
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 all abutters of his or her application. Such notice shall be at the sole expense of the applicant.
[Added 6-12-1995 STM by Art. 5]