Mass. Gen. Laws » Part I Title XX Chapter 140
Massachusetts General Laws

Mass. Gen. Laws ch. 140, § 59 (2026)

Licensing authorities; expiration; fees; application; prerequisites; premises; ordinance regulations; revocation; notice

✓ current as of July 2026
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Section 59. 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 $200. 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 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 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, 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 the 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 to sixty-nine, 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 a 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 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 the parties as he deems reasonable, give a summary hearing on such appeal, and shall 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 parties shall have all rights of appeal as in other cases.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1989–2024 · leading case: Roslindale Motor Sales, Inc. v. Police Commr. of Boston, 538 N.E.2d 312 (Mass. 1989).
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Roslindale Motor Sales, Inc. v. Police Commr. of Boston, 538 N.E.2d 312 (Mass. 1989). · cites it 7× “G. L. c. 140, § 59 (1986 ed.). The commissioner, acting through Sergeant Robert Scobie (Scobie), the commanding officer of the Boston police .”
Grenier v. Bd. of Selectmen, 954 N.E.2d 44 (Mass. App. Ct. 2011). · cites it 7× “4 *462 See G. L. c. 140, § 59. 5 Such a per se cap erases the case-by-case review that the statute requires.”
Collins v. Nuzzo, 244 F.3d 246 (1st Cir. 2001). “” Mass. Gen. Laws ch. 140, § 59 . Licenses expire after one year.”
Goldie's Salvage, Inc. v. Bd. of Selectmen of Walpole, 583 N.E.2d 878 (Mass. App. Ct. 1992). · cites it 3× “140, § 54; a class 2 used car dealer’s license and a class 3 motor vehicle junk license, both issued under G. L. c. 140, § 59. 2 Goldie’s complaint in the Superior Court, filed on June 6, 1989, sought injunctive relief and judicial review of the proceedings before the selectmen,…”
Massachusetts State Auto. Dealers Ass'n, Inc. v. Tesla Motors MA, Inc., 15 N.E.3d 1152 (Mass. 2014). · cites it 2× “The licensing process is the subject of G. L. c. 140, § 59. 10 MSADA and Brigham-Gill Motorcars, Inc.”
Smith v. Town of Longmeadow, 563 N.E.2d 697 (Mass. App. Ct. 1990). · cites it 2× “The plaintiff appeals from a judgment dismissing her action for damages against the selectmen of Longmeadow for rescinding, without hearing, a license for the sale of second-hand motor vehicles, G. L. c. 140, § 59. The action (in relevant part 2 ) was predicated on an alleged…”
Ludvigsen v. Town of Dedham, 724 N.E.2d 731 (Mass. App. Ct. 2000). · cites it 3× “” G. L. c. 140, § 59. 2 For convenience of reference, we set out in an appendix a (partial) text of this statute describing the basic license requirements and the scope of judicial review; also reproduced is a description of the class 2 license (from § 58).”
Four Seasons Motor Grp., LLC v. Select Bd. of Swampscott. (Mass. App. Ct. 2024). · cites it 2× “On appeal, Four Seasons claims that (1) the judge erred in finding that it waived any argument relating to the board's authority to impose a limitation on the license; (2) the condition was unenforceable; (3) the judge improperly failed to address its claim that it was denied…”
Bixby v. Rehoboth, Town of (D. Mass. 2024). · cites it 2× “A little over a week later, around November 10, 2021, Bixby filed an appeal in the Massachusetts Superior Court pursuant to Mass. Gen. Laws. ch. 140, § 59,3 and also filed public records requests with the Town.”
Grenier v. Town of Shrewsbury, 52 F. Supp. 3d 149 (D. Mass. 2014). · cites it 3× “State Court Review Of the Board’s Denial On April 22, 2008, Grenier filed a complaint in Worcester Superior Court seeking a declaratory judgment that Policy 9 was invalid and in violation of Mass.Gen.L. ch. 140, § 59. In addition, Grenier sought a declaration that the Board’s…”
Ludvigsen v. Town of Dedham, 8 Mass. L. Rptr. 497 (Mass. Super. Ct. 1998). · cites it 4× “Ludvigsen (Ludvigsen), brings this action pursuant to G.L.c. 140, §59, appealing the denial of a used car license Class II application by the Town of Dedham (the Town).”
Grenier v. Town of Shrewsbury, 26 Mass. L. Rptr. 376 (Mass. Super. Ct. 2009). · cites it 2× “Plaintiff Matthew Grenier, a twenty-three year old college graduate, is a life-long resident of Shrewsbury, who applied to the town’s Board of Selectmen (the Board) for a so-called Class 2 license to sell used cars, pursuant to G.L.c. 140, section 59. Grenier’s business plan was…”
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