Sec. 14-54. Location to be approved by local authority.
Sec. 14-54. Location to be approved by local authority. (a) Any person who
desires to obtain a license for dealing in or repairing motor vehicles in a municipality
having a population of no less than twenty thousand shall first obtain and present to the
commissioner a certificate of approval of the location for which such license is desired
from the board or authority designated by local charter, regulation or ordinance of the
town, city or borough wherein the business is located or is proposed to be located, except
that in any town or city having a zoning commission, combined planning and zoning
commission and a board of appeals, such certificate shall be obtained from the zoning
commission. The provisions of this section do not apply to (1) a transfer of ownership
to a spouse, child, brother, sister or parent of a licensee, (2) a transfer of ownership to
or from a corporation in which a spouse, child, brother, sister or parent of a licensee has
a controlling interest, or (3) a change in ownership involving the withdrawal of one or
more partners from a partnership.
(b) Any person who desires to obtain a license for dealing in or repairing motor
vehicles in a municipality with a population of less than twenty thousand shall first
obtain and present to the commissioner a certificate of approval of the location for which
such license is desired from the board or authority designated by local charter, regulation
or ordinance of the town, city or borough wherein the business is located or is proposed
to be located, except that in any town or city having a zoning commission, combined
planning and zoning commission and a board of appeals, such certificate shall be approved by the board of appeals. In addition thereto, such certificate shall be approved
by the chief of police where there is an organized police force or, where there is none,
by the commander of the state police barracks situated nearest to such proposed location.
The provisions of this section shall not apply to (1) a transfer of ownership to a spouse,
child, brother, sister or parent of a licensee, (2) a transfer of ownership to or from a
corporation in which a spouse, child, brother, sister or parent of a licensee has a controlling interest, or (3) a change in ownership involving the withdrawal of one or more
partners from a partnership.
(1949 Rev., S. 2394; 1953, S. 1310d; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 84-195; P.A. 89-244, S. 2; P.A. 03-184, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 70; P.A. 05-218, S. 22; P.A. 06-133, S. 23.)
History: P.A. 77-614 and P.A. 78-303 made state police department a division within the department of public safety,
effective January 1, 1979; P.A. 84-195 exempted from the approval of location requirement transfers of ownership to an
immediate family member or certain changes in ownership; P.A. 89-244 exempted from the approval of location requirement transfers of ownership to or from a corporation in which an immediate family member of a licensee has a controlling
interest; P.A. 03-184 replaced requirement for approval of certificate by chief elected official or zoning board of appeals
with requirement that the certificate be obtained from the zoning commission, planning and zoning commission or other
board or authority of the municipality; June 30 Sp. Sess. P.A. 03-6 replaced provision authorizing the zoning commission
or combined planning and zoning commission to issue certificate of approval with provision that in any town or city with
a zoning commission, combined planning and zoning commission and a board of appeals, such certificate shall be obtained
from the board of appeals; P.A. 05-218 replaced provisions re certificate obtained from board of appeals and approved by
chief of police or commander of state police situated nearest to location with provision re certificate obtained from zoning
commission and made a technical change; P.A. 06-133 designated existing provisions as Subsec. (a) and amended same
to apply only to municipalities having population of no less than twenty thousand and added Subsec. (b) applicable to
municipalities having population of less than twenty thousand, effective June 6, 2006.
Cited. 134 C. 151. Cited. 140 C. 210. In determining application of certificate of approval of a motor vehicle repair
business, the zoning commission acts in a special capacity and not under municipal zoning ordinances or zoning statutes.
It serves as the local agency named by the general assembly to determine whether a certificate of approval should be issued.
143 C. 634. Cited. 147 C. 469. Cited. 154 C. 540. Cited. 218 C. 265.
Cited. 21 CA 347. Cited. 24 CA 369. Cited. 28 CA 500. Local zoning board of appeals acts as an agent of the state
when it undertakes consideration of a certificate of approval and therefore is governed by Uniform Administrative Procedure
Act. 48 CA 599.
Cited. 12 CS 70.