State's Attorney: JONATHAN SAHRBECK
DECISION AND JUDGMENT
E. Delananty II Justice
defendant is charged by complaint with being an unlicensed
vehicle dealer in violation of 29-A M.R.S. Â§951(2). The
complaint alleges that she:
"did engage in the business of buying, selling,
exchanging, offering to negotiate or advertising a sale of
vehicles without having been issued a license under Title
29-A, Chapter 9, Subchapter 3."
State relies on the part of the complaint charging that she
advertised a sale of vehicles without having been issued a
license. After the close of evidence, the court made findings
on the record and incorporates them into this decision. Much
of the evidence is uncontested.
December 1, 2018, the defendant applied to the Bureau of
Motor Vehicles (BMV) for a license to sell used cars at 950
Roosevelt Trail (here-in-after referred to as Rte. 302) in
Windham, Maine,  The property is owned by her father who
previously operated a used vehicle business at the location.
Another business also operated there after her father but
closed approximately six months before the defendant applied
for her license under the name of "Metropolitan
Motors", As part of a background check for the license,
Det. Joseph Nein of the BMV visited the premises OH the
afternoon of December 14, 2018 and found that there were
approximately eight vehicles on the premises that were parked
in a position that made it appear that they were being
offered for sale. Additionally, there is a large black and
white sign on the property that is easily visible on Rte. 302
SALES â¢ SERVICE â¢ TOWING
On top of that sign is another larger yellow sign with large
black print that states:
With Warranties Up To One Year
time that Det. Nein visited the premises on December 14 at
about 3:00 PM, the sign was illuminated. He believes that the
illuminated sign and the manner that vehicles were parked
along Route 302 indicated that they were for sale. There were
no signs, stickers, decorations or other items on any of the
vehicles to draw a person's attention that would indicate
they were for sale. There is no evidence that a motor vehicle
history statement was affixed to any vehicle as required by
Maine law. 29-A M.R.S. §952(1)(F) and 10 M.R.S.
§1475. When Det. Nein went to the office it was locked.
A person came to the door and informed him that Ms. Glantz
was not present. They left the premises.
there is no evidence that the defendant took any affirmative
action to sell, advertise or display for sale any ...