(Added 12-13-2021 by Ord. No. C0204-21)
The city council may, by petition, grant motor vehicle repair shop licenses, as the public good requires and subject to standard terms and conditions, to such parties deemed appropriate, subject to the provisions of these Revised Ordinances and applicable state statutes.
(Added 12-13-2021 by Ord. No. C0204-21)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
MOTOR VEHICLE BODY REPAIR SHOP
Any business of a party that repairs, modifies, remodels, paints or alters in any way a motor vehicle body, or part thereof, for compensation.
MOTOR VEHICLE COMBINATION REPAIR SHOP
A motor vehicle repair shop that performs the functions of both a motor vehicle body repair shop and a motor vehicle mechanical repair shop at the same location.
MOTOR VEHICLE MECHANICAL REPAIR SHOP
Any business of a party that maintains, repairs, modifies, remodels or alters, in any way, any engine or mechanical parts of a motor vehicle for compensation.
MOTOR VEHICLE REPAIR SHOP
A motor vehicle body repair shop, a motor vehicle mechanical repair shop or a motor vehicle combination repair shop.
(Added 12-13-2021 by Ord. No. C0204-21)
(a) 
No party shall operate a motor vehicle repair shop located in whole or in part within the limits of the city unless such party has first obtained the required license for said purpose from the city council.
(b) 
No owner of any property located in whole or in part within the limits of the city shall allow any party to operate a motor vehicle repair shop on said property unless such party has first obtained the required license for said purpose from the city council.
(c) 
Any violations of this section shall be reported to the city clerk. After conferring with the city solicitor and/or the president of the city council, if necessary, the city clerk may:
(1) 
Issue fines in accordance with Section 1-8 of these Revised Ordinances to the operator of such unlicensed motor vehicle repair shop; and/or
(2) 
Issue fines in accordance with Section 1-8 of these Revised Ordinances to the owner of the property on which such unlicensed motor vehicle repair shop is located; and/or
(3) 
Issue a cease and desist order to the operator of such unlicensed motor vehicle repair shop.
(Added 12-13-2021 by Ord. No. C0204-21)
(a) 
The city council reserves the right to limit the number of motor vehicle repair shop licenses operating within the city limits.
(b) 
Currently, the number of licenses granted for motor vehicle repair shops issued by the city council shall not exceed one (1) per eight hundred (800) residents, as determined by the most recent federal census.
(Added 12-13-2021 by Ord. No. C0204-21)
(a) 
When a party applies for a motor vehicle combination repair shop license, a single license application for the two licensed activities shall be submitted by the applicant and, if approved, a single license shall be issued for such activities.
(b) 
All applications for motor vehicle repair shop licenses pursuant to this division shall be completed, reviewed and processed in accordance with the provisions of Section 12-303 of this chapter with the following additions/modifications:
(1) 
The applicant shall indicate on their motor vehicle repair shop application form the type of motor vehicle repair shop license (body, mechanical or combination) being requested.
(2) 
For public hearings held for new and modified motor vehicle repair shop licenses, rather than notifying all abutters within one hundred fifty (150) feet of the parcel on which such shop shall be/is located of the public hearing, the applicant shall notify all abutters within three hundred (300) feet of the parcel on which such shop shall be/is located. All other requirements for said notification of the public hearing shall remain the same.
(3) 
Applicants for motor vehicle body repair shop licenses and motor vehicle combination repair shop licenses shall include a copy of their current registration from the Massachusetts Division of Standards pursuant to MGL, Chapter 100A as part of their application package.
(c) 
License conditions and restrictions.
(1) 
Other than road service calls, motor vehicle repair shop licenses shall only allow the licensee to operate on the property address for which the license was granted.
(2) 
All motor vehicle repair shop licenses shall be subject to the standard license and permit conditions and restrictions for licenses and permits issued under the authority of the city council as specified in Section 12-308(a) of this chapter.
(3) 
All motor vehicle repair shop licenses issued shall also be subject to the following conditions and restrictions:
a. 
No motor vehicle repair shop shall be allowed to operate on Sundays.
b. 
Other than road service calls, all vehicles serviced by the license holder shall be serviced inside the building and not on any public or private way.
c. 
Unless otherwise approved by the city council, all motor vehicles awaiting service shall be stored within property lines during licensed operating hours. The number of motor vehicles awaiting service shall be no more than the number licensed by the city council.
d. 
During non-licensed days and hours, no motor vehicles being serviced or awaiting service shall be parked on or along public or private ways.
e. 
The storing of junk or "parts" cars is prohibited.
(4) 
All motor vehicle body and combination repair shop licenses shall also be subject to the following conditions and restrictions:
a. 
The structure where motor vehicle bodies are repaired and painted shall meet all applicable 780 CMR rules and regulations.
b. 
The painting of motor vehicles shall be done in a spray booth or spray space that conforms to 780 CMR 411.
c. 
Exterior garage doors shall be closed while painting motor vehicles.
(5) 
All motor vehicle mechanical and combination repair shop licenses shall also be subject to the following conditions and restrictions:
a. 
Waste oil, other fluids and/or hazardous materials shall be properly disposed.
(6) 
The city council may impose other reasonable restrictions and conditions on individual motor vehicle shop licenses as they deem necessary to protect the public safety and welfare. Such restrictions and conditions may include further limitations on the days and hours of operation, fencing and screening, parking, vehicle storage, number of vehicles and location of outside storage.
(d) 
Petitions for motor vehicle repair shop licenses shall be considered by the city council in accordance with the provisions of Section 12-309 of this chapter.
(e) 
Petitions for approved motor vehicle repair shop licenses shall be processed in accordance with the provisions of Section 12-310 of this chapter.
(f) 
Petitions for denied motor vehicle repair shop licenses shall be processed in accordance with the provisions of Section 12-311 of this chapter.
(g) 
Renewals of existing motor vehicle repair shop licenses shall be processed in accordance with the provisions of Section 12-312 of this chapter with the following additions:
(1) 
License holders of a motor vehicle repair shop license who also hold a motor vehicle dealer license at the same location may choose to renew their motor vehicle repair shop license at the same time as their motor vehicle dealer license in accordance with the early license/permit renewal provisions of this division.
(h) 
The process used to monitor and ensure compliance with the conditions and restrictions placed on motor vehicle repair shop licenses, as well as the possible penalties for such non-compliance, are prescribed in Section 12-313 of this chapter.
(i) 
Reviews of existing motor vehicle repair shop licenses shall proceed in accordance with the provisions of Section 12-314 of this chapter.
(j) 
The method used to file and process complaints regarding a motor vehicle dealer license is prescribed in Section 12-318 of this chapter.
(k) 
Suspensions of existing motor vehicle repair shop licenses shall proceed in accordance with the provisions of Section 12-315 of this chapter.
(l) 
Revocations of existing motor vehicle repair shop licenses shall proceed in accordance with the provisions of Section 12-316 of this chapter.