APPLICANT WILL NOT FILL THE FOLLOWING BLANKS
Application after investigation_______________________________
Approved or Disapproved
License No.________________ granted ______________________________Fee $____________________
Signed _______________________________________________
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CHAPTER 140 OF THE GENERAL LAWS, TER. ED., WITH AMENDMENTS THERETO (EX
TRACT)
Section 57. No person, except one whose principal business is the manufacture and sale of new motor vehicles but
who incidentally acquires and sells second hand vehicles, or a person whose principal busine
ss 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 without securing a license as
provided in section fifty-nine. This section shall apply to any person engaged in the business of conducting auctions for
the sale of motor vehicles.
Section 58. Licenses granted under the following section shall be classified as follows:
Class 1. 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 second hand motor vehicles being incidental or secondary thereto,
may be granted an agent's or a seller's license; provided, that with respect to second hand motor vehicles purchased for
the purpose of sale or exchange and not taken in trade for new motor vehicles, such dealer shall be subject to all
provisions or this chapter and of rules and regulations made in accordance therewith applicable to holders of licenses of
class 2.
Class 2. Any person whose principal business is the buying or selling of second hand motor vehicles may be
granted a used car dealer's 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. The police commissioner in Boston and the licensing authorities in other cities and towns may grant licenses under this section
which will 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 case shall exceed $100. dollars. Application for license shall be made in such form as shall be approved by the registrar of motor
vehicles, in sections fifty-nine to sixty-six, inclusive, called title 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 hall be filed with the registrar. No such license shall be granted unless the licensing board
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 in the classifications for which he has applied, that said business is or will he 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 addition thereto may
be granted at any lime 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-taw may regulate the situation of the premises of licenses within class 3 as defined in section fifty-eight, and all licenses and permits issued here
under 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 license or
permit shall be issued here under 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. 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 to sixty-nine, inclusive or the rules and
regulations made there under; 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 a licensee is not so complying.
Any person aggrieved by any action of the licensing board or of officer refusing to grant, or revoking a license for any cause may, within ten days after
such action, appeal there from lo any justice at 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 the parties as he deems reasonable, give a summary hearing on such appeal, and shall
have jurisdiction in equity to review ail 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.