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HomeMy WebLinkAboutAuto Cape file 022824 Licensing Staff Licensing, Erin Logan (P) 508.862.4774 Officer Chris Kelsey (P) 508.862.4667 February 21, 2024 Auto Cape c/o Mikayel Hakobyan 61 Falmouth Road Hyannis, MA 02601 Re: Invitation for Discussion Auto Cape, 61 Falmouth Road, Hyannis Class II Auto Dealer License – Civil Disturbances Dear Mikayel, This letter serves as an invitation to attend the February 28, 2024, Licensing Authority meeting to discuss reports of ongoing civil disturbances at Auto Cape, a Class II Auto Dealership, located at 61 Falmouth Road, Hyannis. We are concerned with the volume of incidents that have been reported and we seek to have your input on these matters as well as discuss ways to mitigate future complaints. Your attendance is expected at 10:00 a.m. on Wednesday, February 28, 2024, at Barnstable Town Hall, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA 02601. Please refer to Barnstable Licensing Rules & Regulations (the little blue book) 501-5 Responsibility of the License Holder (b) License holders are required to attend any and all mandatory meetings held by the Licensing Division, or any Town of Barnstable Division as related to the business operation. You may also visit https://www.townofbarnstable.us/Departments/LicensingDivision/ then select Rules & Regulations, for more information. Please reach out to the Licensing office with any questions. Sincerely, Erin Logan Interim Deputy Director of Asset Mgmt & Licensing cc: Barnstable Licensing Authority Officer Chris Kelsey, Barnstable Police Dept. Town of Barnstable Licensing Division 367 Main Street, Hyannis, MA 02601 www.townofbarnstable.us Telephone: 508-862-4774 Erin Logan Page 8 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 501-10 STANDARDS OF CONDUCT AND ACTIVITY OCCURRING AT LICENSED PREMISE a)No employee and/or entertainer shall solicit, induce or request a patron to purchase any alcoholic or nonalcoholic beverage or any food for them or for any other person. Nothing shall prohibit the above activity in connection with any contact which such person may have with a patron to whom they are related by blood or marriage. b)Licensees are not permitted to invite the members of the general public to private areas of the premises which are approved by the Licensing Authority for storage or for an office or for a kitchen or for a music or video projection room or for any similar nonpublic use. Only owners and employees of the licensed premises may be in these areas. c)Any person who hinders or delays a police officer or other authorized agent of the Licensing Authority in the performance of the agent's duties or who refuses to admit to, or locks out any such agent from any place which such agent is authorized to inspect or who refuses to give to such agent such information as may be required for the proper enforcement of the General Laws shall be punished by a fine of not less than $50 and not more than $200 or by imprisonment for not more than two months or both. d)The Licensing Authority or its agents or a police officer may, at any time, take samples for analysis from any beverages or alcohol kept on the premises licensed pursuant to the General Laws, Chapter 138, and the vessel or vessels containing samples shall be sealed on the premises in the presence of the license holder or of one of the employees and shall remain so sealed until presented to the state's Department of Public Health for analysis. Duplicate samples shall be left with the license holder. e)It is forbidden to employ or to permit any person in or on the licensed premises while such person is unclothed or in such attire as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, cleft of the buttocks, or genitals. f)It is forbidden to permit any employee or person in or on the licensed premises to promise, offer, suggest, or accept sexual acts or favors in exchange for money or for the purchase of any alcoholic beverages or other commodities. g)It is forbidden to encourage or permit any person in or on the licensed premises to touch, caress, or fondle the breasts, buttocks or genitals of any other person. h)It is forbidden to employ or permit any person to wear or use any device or covering exposed to view which simulates the breasts, buttocks, pubic hair, or genitals or any portions thereof. i)It is forbidden to employ or permit any person in or on the licensed premises to perform any act or acts or to simulate any act or acts of sexual intercourse, masturbation, sodomy, flagellation, or any sexual acts prohibited by law; or touching, caressing, or fondling of breasts, buttocks, or genitals of another or of himself or herself. j)Licensees shall make all reasonable and diligent efforts to ensure that illegal activities do not occur at the licensed premises. Such efforts will include, but are not limited to: 1)Frequent monitoring of rest rooms and other nonpublic areas of the premises for signs of drug activity or other illegalities; 2)Paying attention to activities on the premises of known drug users or drug dealers or prostitutes or others who are known to have been convicted of crimes which may be conducted at a licensed premises; Page 9 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 3)Diligence in observing and taking action against persons who make unusually frequent trips in and out of the premises or in and out of the rest rooms and/or persons who are visited at the premises by an unusually large number of people or by one or more people at frequent intervals and/or persons who appear to be making exchanges of small packages (matchbooks, cigarette packs, bags, paper squares, plastic or foil containers, or other containers) or payments of money; 4)Monitoring of activities of persons who talk about weapons or who appear to be hiding a weapon; 5)Calling for police assistance to protect patrons against injury or to evict unruly patrons or to uncover unlawful conduct or to give medical assistance and providing police with requested information; 6)Hiring security personnel to deal with chronic unlawful activity at the premises such as prostitution or gambling or larceny from patrons or assaults and batteries or other problems associated with the premises. k)There shall be no disorder, indecency, prostitution, illegal activity on the licensed premises or any premises connected therewith by an interior communication. l)Licensees shall instruct their employees and security personnel that they are not to make bodily contact with a patron unless to protect other patrons or themselves from being subjected to body blows from an unruly patron. In all other circumstances employees and security personnel will call the police to have patrons removed from the premises when such patrons are being disruptive and they are unable to convince the patron to leave the premises voluntarily. m)Licensees and employees will call the police and an ambulance and take all other reasonable steps to assist patrons and persons who are injured in or on the licensed premises or whose injuries have occurred outside the premises but have been brought to the attention of the licensee. 501-11 ENVIRONS OF LICENSED PREMISES a)It shall be the obligations of licensees to ensure that supervision is exercised over the conduct of the licensed establishment at all times. Each licensee will be held accountable for all violations that are related to the licensed premises, whether or not the licensee acted properly in the given circumstances. b)Licensees shall maintain compliance with all health and safety laws for the areas outside and contiguous to the licensed premises. c)Licensees shall act reasonably and diligently to disperse loiterers or patrons who attempt to congregate in front of or at the licensed premises. Failure of the licensee to keep persons from congregating at the licensed premises may lead to disciplinary action against the licensee for allowing a public nuisance. Reasonable steps to be taken by the licensee may include: 1)Maintaining the front door in a closed position; 2)Asking loiterers to disperse; 3)Calling the police if loiterers refuse to disperse; 4)Hiring a security guard or stationing a security employee at the front door to disperse loiterers; 5)Refusing to allow the same patrons to walk in and out of the premises at short intervals; 6)Maintaining order in lines of patrons waiting outside to get in; 7)Announcing that no further patrons will be allowed into the premises if lines become too long or disorderly or loud. Page 35 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 PART V: LICENSING AUTHORITY RULES AND REGULATIONS 509 AUTOMOBILE SALES 509-1 DEFINITIONS a)CLASS I means 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,and further defined by MGLc.140 §58. b)CLASS II means a person whose principal business is the buying or selling of second hand motor vehicles, a person who purchases and displays second hand motor vehicles for resale in retail transactions, and any other person who displays second hand motor vehicles not owned by him pursuant to an agreement in which he receives compensation, whether solely for displaying the vehicles,upon the sale of each vehicle, and subject to conditions as defined in MGLc.140 §58. c)CLASS III means a person whose principal business is the buying of second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling 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. 509-2 GENERAL PROVISIONS a)It is prohibited for any person or business to engage in vehicle sale activity without an appropriate license issued by the Licensing Authority. b)The applicant/licensee must prove sale of vehicles is principal business. c)A sign is required on the property, whether it is a free standing sign or displayed in the door or window, listing the name of the business and hours of operation. d)All dealerships shall have a repair facility or provide repairs themselves (provided repairs are allowed on premise). Location of repairs will be available and listed on the application and renewal of the license. This information shall be provided yearly. e)A 'Notarized Letter' stating where repairs will be performed to satisfy the warranty obligations imposed by section 7N.25 of M.G.L., Chapter 190 must be submitted with each application and renewal. f)All licensees may use a computer-generated version of the Used Vehicle Inventory Book, so long as it is approved by the Mass. DOR. g)An inspection of the Used Vehicle Inventory Book for each dealership shall be conducted by the police/inspector, at least once a year. h)All Class II dealers who do not display vehicles on the licensed property or who only conduct business via the internet, shall submit to the Licensing Authority a quarterly report of all vehicle transactions, as delineated in the Used Vehicle Inventory Book. i)“Internet Only” operations may only be allowed in permitted zoning districts permitted for class II operations and may not, on or off licensed premises, store or display any vehicle for sale to the public or conduct business via pedestrian sales. j)Each licensee must comply with MGLc.90 §7N1/2. k)All Class II licenses are required to carry, at minimum, $25,000.00 Bond. l)All vehicles that are for sale which are parked outside of a building must be in saleable and drivable condition. Page 36 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 m)Licensing Agents for the Town of Barnstable will perform inspections throughout the year to ensure the license holder is in conformance with the restrictions of that license. 509-3 PHYSICAL PREMISE a)All signs, flags and other forms of outdoor display must be approved by the Building Department. b)No spare or junk parts may be stored outside of a building. No repair work may be conducted outside of a building except for minor emergency or reactive repairs to be completed by the end of the workday. Scrap metal must be kept in a recycling container and emptied on a regular basis. c)Properties must be kept clean and maintained at all times. d)Any outdoor lighting must not impose on any abutting properties. 509-4 VEHICLE DISPLAY –PARKING PLAN a)An approved parking plan shall be available on site for any inspections. b)All spaces delineated on the approved parking plan shall be marked out with lines, on the surface of the property,except for lots that are storage or non-asphalt surfaces.Existing licensed premises or existing storage lots may be of non- asphalt surfaces; however surfaces may not be altered from paved to non-asphalt at any time. c)Total vehicle count shall include the numbers of displayed/unregistered vehicles, customer vehicles, including spaces Handicap accessibility,and employee vehicles. The plan shall be approved by the Building Commissioner and Fire Department. This shall apply to all new, transferred or amend license applications. d)A physical vehicle count may be conducted quarterly by the police/inspectors of all Class I and Class II dealerships. e)Motor vehicles for sale or lease may not be displayed less than 10 feet from property line. 509-5 CHANGES IN OPERATION Prior to any changes in operation, the licensee must apply to the Licensing Authority for a license which will include the proposed change, if such change involves any of the following: a)Sale, transfer or any change in ownership of the licensed premises; b)Incorporation or other business organization procedures which may distribute ownership and/or liability of such business in a manner different than as set forth in the current business organization of the licensee. c)Expansion of that portion of the premise occupied by the licensee to be designated or devoted to the licensed activity beyond the boundaries designated and highlighted in the plan submitted with the original application. d)Removal of a substantial portion of the licensed activity to a different premise than those set forth in the previous license. e)A change in the licensed activity which constitutes a substantial portion of the licensed activity being conducted in a license classification for which the licensee is not licensed. f)A change in principal business activity of the licensee. 2/21/24, 11:04 AM Auto Cape Inc | Complaints | Better Business Bureau® Profile https://www.bbb.org/us/ma/hyannis/profile/used-car-dealers/auto-cape-inc-0021-433569/complaints 1/4 Complaints Auto Cape Inc Used Car Dealers View Business profile Need to file a complaint? BBB is here to help. We'll guide you through the process.File a Complaint Complaint Details Note that complaint text that is displayed might not represent all complaints filed with BBB. See details. Initial Complaint 03/08/2023 Complaint Type: Problems with Product/Service Status: Unanswered On February 2022, I purchased a 2015 ***** Trax from ********* Incorporated in Hyannis, *************. Within days of owning the vehicle, I experienced issues with the check engine light, a broken back seat, and a malfunctioning window switch. I immediately contacted the dealership they need tonpay me.for what I fixed and for the other repai and havehicle towed to them as they offered to fix it.They provided me with a loaner car and had my vehicle for 10 days. When I picked up the vehicle, it was in poor condition, covered in mud and sand inside and out, and the check engine light was still on. The lot attendant advised me to drive the vehicle for 100 miles and return if the light did not go off. Upon further inspection, I discovered that they had improperly repaired my light switch and back seat cover and damaged my window switch to the point of no return.A few days later, I informed the dealership that the check engine light had not gone off, but they ignored my requests. They insulted my sexual orientation, threatened me with violence, and made derogatory comments about my mental health online. They refused to do anything to repair the vehicle. I contacted the ************************ but their attempts at mediation were met with violence, threats, and We use cookies to give users the best content and online experience. By clicking “Accept All Cookies”, you agree to allow us to use all cookies. Visit our Privacy Policy to learn more. 2/21/24, 11:04 AM Auto Cape Inc | Complaints | Better Business Bureau® Profile https://www.bbb.org/us/ma/hyannis/profile/used-car-dealers/auto-cape-inc-0021-433569/complaints 2/4 vulgarity. I filed a complaint through the ********** license and committee and an investigation is underway due to multiple similar complaints against this dealership.The vehicle has never passed inspection since I purchased it, and they have ignored my requests for repair. I have had to go to a Chevrolet dealership to determine the necessary repairs, which totaled over $7,000, including a turbo system, water pump, transmission lines, oil lines, tires, and struts. I was only able to repair some of these issues due to my limited disability income. I believe that they are legally responsible for repairing the vehicle as it never passed inspection, and they should face punishment for making derogatory comments Initial Complaint 07/13/2022 Complaint Type: Delivery Issues Status: Unanswered 3.23.22 I signed a Sales Contract for $19,174.00. My lender sent in a check for $19,574.00. There are many issues:1- I didn't receive the $400 overpayment 2-Shipping issues-timing and delivery (I have video/photos/emails)3- Falsified information regarding reports and emails stating that the "mechanic looked everything over and nothing is wrong and no accident etc"4- No photos online (online purchase) OR mention of the interior defects/torn leather, Dashboard doesn't work, battery corroded, missing floor mats, dent in wheel well like it was in an accident etc.5-Unprofessional communication from the sales manager (emails where he is cussing me out when I asked him for the $400 overpayment back and compensation as upon delivery I showed video of delivery and stated that the cluster dash panel didn't even work! He stated he didn't notice! It's what you use to see when any warning lights are on, door open, it's a big open space in the dashboard.6-Provided me only 1 key upon delivery. No where again online or in the communication did he mention that the vehicle was missing a key and that it had aftermarket part/wire run through it and attached to the window!I complained about the delivery as it was about 2 weeks after the dealer received this check verified via ***** tracking that I received the vehicle. It was the worst possible, and obtrusive timing/poor communication and delivery service. After I complained, immediately upon receiving the vehicle **** tried to make it seem like he was going to give me a $400 shipping credit and a $100 floor mat credit so he sent me $500.00. Then I reminded him of the overpayment from my bank that I am paying interest on which he failed to bring up of the $400 and then he told the bank that was the $400 he sent me vs it being the courtesy discount for the shipping issues. That was a lie. Then he cussed me out very abruptly and inappropriately and I immediately ceased all contact with him. Car stranded me with dead battery Customer response 07/27/2022 I have not heard from the business in response to my complaint. *Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high We use cookies to give users the best content and online experience. By clicking “Accept All Cookies”, you agree to allow us to use all cookies. Visit our Privacy Policy to learn more. 2/21/24, 11:04 AM Auto Cape Inc | Complaints | Better Business Bureau® Profile https://www.bbb.org/us/ma/hyannis/profile/used-car-dealers/auto-cape-inc-0021-433569/complaints 3/4 volume is received for a particular business. ↩ BBB Business Profiles may not be reproduced for sales or promotional purposes. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. 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BBB Rating & Accreditation THIS BUSINESS IS NOT BBB ACCREDITED Search for Accredited Businesses in this category Years in Business: 7 Customer Reviews are not used in the calculation of BBB Rating Reasons for BBB Rating Contact Information 61 Falmouth Rd Hyannis, MA 02601-2754 Get Directions Visit Website (508) 761-1863 F We use cookies to give users the best content and online experience. By clicking “Accept All Cookies”, you agree to allow us to use all cookies. Visit our Privacy Policy to learn more. 2/21/24, 11:04 AM Auto Cape Inc | Complaints | Better Business Bureau® Profile https://www.bbb.org/us/ma/hyannis/profile/used-car-dealers/auto-cape-inc-0021-433569/complaints 4/4 Complaints Summary 4 total complaints in the last 3 years. 2 complaints closed in the last 12 months. © 2024, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. *In Canada, trademark(s) of the International Association of Better Business Bureaus, used under License. We use cookies to give users the best content and online experience. By clicking “Accept All Cookies”, you agree to allow us to use all cookies. Visit our Privacy Policy to learn more. 2/21/24, 11:05 AM Auto Cape Inc | Business Details | Better Business Bureau® Profile https://www.bbb.org/us/ma/hyannis/profile/used-car-dealers/auto-cape-inc-0021-433569/overview-of-bbb-ratings 1/2 Home >Massachusetts >Hyannis >Used Car Dealers >Auto Cape Inc >Overview of BBB Ratings Overview of BBB Ratings Auto Cape Inc Reasons for Rating Auto Cape Inc Failure to respond to 4 complaint(s) filed against business About BBB Ratings BBB ratings represent the BBB's opinion of how the business is likely to interact with its customers. The BBB rating is based on information BBB is able to obtain about the business, including complaints received from the public. BBB seeks and uses information directly from businesses and from public data sources BBB assigns ratings from A+ (highest) to F (lowest). In some cases, BBB will not rate the business (indicated by an NR, or "No Rating") for reasons that include insufficient information about a business or ongoing review/update of the business's file BBB Business Profiles generally explain the most significant factors that raise or lower a business's rating BBB ratings are not a guarantee of a business's reliability or performance. BBB recommends that consumers consider a business's BBB rating in addition to all other available information about the business Overview of BBB Ratings Contact Information F We use cookies to give users the best content and online experience. By clicking “Accept All Cookies”, you agree to allow us to use all cookies. Visit our Privacy Policy to learn more. 2/21/24, 11:05 AM Auto Cape Inc | Business Details | Better Business Bureau® Profile https://www.bbb.org/us/ma/hyannis/profile/used-car-dealers/auto-cape-inc-0021-433569/overview-of-bbb-ratings 2/2 61 Falmouth Rd Hyannis, MA 02601-2754 Get Directions Visit Website (508) 761-1863 Accreditation This business is not BBB Accredited Years in Business: 7 BBB Business Profiles may not be reproduced for sales or promotional purposes. BBB Business Profiles are provided solely to assist you in exercising your own best judgment. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. BBB Business Profiles generally cover a three-year reporting period. BBB Business Profiles are subject to change at any time. If you choose to do business with this business, please let the business know that you contacted BBB for a BBB Business Profile. As a matter of policy, BBB does not endorse any product, service or business. © 2024, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. *In Canada, trademark(s) of the International Association of Better Business Bureaus, used under License. We use cookies to give users the best content and online experience. By clicking “Accept All Cookies”, you agree to allow us to use all cookies. Visit our Privacy Policy to learn more.