Home Page | Letter of Complaint |
Subject: | Motor Vehicle Sales Without a License |
To: | Board of Selectmen |
From: | Charles Dirring |
Date: | August 20, 1997 |
Location: | Town of Billerica, Massachusetts |
86 Alexander Road Billerica Massachusetts 01821 August 20, 1997 Billerica Board of Selectmen 365 Boston Road Billerica, Massachusetts 01821 Dear Mr. Chairman: As you know, Engineering Lift Truck Service is in the business of buying and selling trucks. I assume that the Board of Selectmen has granted the appropriate licenses under Massachusetts General Laws, Chapter 140, Section 57 through 59 (see below) to the premises. Would you please send me a copy of any license of record that the Board of Selectmen may have granted. If no licenses has been granted, please consider this letter a formal complaint that the premises is operating without a license and provide me with copies of all related documents with actions that the Board of Selectmen and the Billerica Police Department has taken or will take regarding operating without a license. Section 57. Necessity; exceptions; auctions; reports No person, except one whose principal business is the manufacturing and sale of new motor vehicles but who incidentally acquires and sells second hand motor vehicles, or a person whose principal business is financing the purchase of or insuring motor vehicles but who incidentally acquires and sells second-hand vehicles, shall engage in the business of buying, selling, exchanging or assembling second-hand motor vehicles or parts thereof or allow any property under his control to be used as a place of sale or display of motor vehicles without securing a license as provided in section fifty-nine (59). This section shall apply to any person engaged in the business of conducting auctions for the sale of motor vehicles, and to any person engaged in the business of leasing or renting motor vehicles and who, as an incident to such business, sells or offers to sell any such lease or rental vehicle to the public. All sales of second-hand motor vehicles or parts thereof made by any person referred to in this section shall be reported weekly to the registrar of motor vehicles on such forms as may be prescribed by him. Section 58. Classes Licenses granted under the following section shall be classified as follows: Class 1. (new motor vehicles) Class 2. Any person whose principal business is the buying or selling of second hand motor vehicles may be granted a used car license. Class 3. Any person whose principal business is the buying of second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding the same, or the buying or selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicle parts may be granted a motor vehicle junk license. Section 59. Licensing authorities; expiration; fees; application; prerequisites; premises; ordinance regulations; revocation; notice The police commissioner in Boston and the licensing authorities in other cities and towns may grant licenses under this section which shall expire on January first following the date of issue unless sooner revoked. The fees for the licenses shall be fixed by the licensing board or officer, but in no event shall any such fee be greater than one hundred dollars. Application for license shall be made in such form as shall be approved by the registrar of motor vehicles, in sections fifty-nine (59) to sixty-six (66), inclusive, called the registrar, and if the applicant has not held a license in the year prior to such application, such application shall be made in duplicate, which duplicate shall be filed with the registrar. No such license shall be granted unless the licensing board or officer is satisfied from an investigation of the facts stated in the application and any other information which they may require of the applicant, that he is a proper person to engage in the business specified in section fifty-eight (58) in the classifications for which he has applied, that said business is or will be his principal business, and that he has available a place of business suitable for the purpose. The license shall specify all the premises to be occupied by the licensee for the purpose of carrying on the licensed business. Permits for a change of situation of the licensed premises or for additions thereto may be granted at any time by the licensing board or officer in writing, a copy of which shall be attached to the license. Cities and towns by ordinance or by-law may regulate the situation of the premises of licensees within class 3 as defined in section fifty-eight (58), and all licenses and permits issued hereunder to persons within said class 3 shall be subject to the provisions of ordinances and by-laws which are hereby authorized to be made. No original license or permit shall be issued hereunder to a person within said class 3 until after a hearing, of which seven days notice shall have been given to the owners of property abutting on the premises where such license or permit is proposed to be exercised. Except in the city of Boston, the licensing board or officer may, in its discretion, waive the annual hearing for renewal of a class 3 license. All licenses granted under this section shall be revoked by the licensing board or officer if it appears, after hearing, that the licensee is not complying with sections fifty-seven (57) to sixty (69), inclusive, or the rules and regulations made thereunder; and no new license shall be granted to such person thereafter, nor to any person for use on the same premises, without the approval of the registrar. The hearing may be dispensed with if the registrar notifies the licensing board or officer that the licensee is not so complying. In each case where such license is revoked, the licensing board or officer shall forthwith notify the registrar of such revocation. Any person aggrieved by any action of the licensing board or officer refusing to grant, or revoking a license for any cause may, within ten (10) days after such action, appeal therefrom to any justice of the superior court in the county in which the premises sought to be occupied under the license or permit applied for are located. The justice shall, after such notice to have have jurisdiction in equity to review all questions of fact or law and may affirm or reverse the decision of the board or officer and may make any appropriate decree. The decision of the justice shall be final. I may be reached at (508) [deleted for privacy] with any questions that you may have. I would appreciate a reply by August 29, 1997. Charles Dirring
Home Page | Response to Letter of Complaint |
Subject: | Motor Vehicle Sales Without a License |
To: | Charles Dirring |
From: | Board of Selectmen |
Date: | No Response Provided |
Location: | Town of Billerica, Massachusetts |
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