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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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