[Adopted 10-27-1986 STM by Art. 10]
Notwithstanding the provisions of any Salisbury
bylaw providing for local licensing of certain businesses, the Town,
by its Board of Selectmen or other licensing authority, may deny an
application for a license or suspend or revoke a current license,
as hereinafter provided.
[Amended 5-15-2017 ATM
by Art. 12]
The Tax Collector shall annually and may periodically
furnish to each department, board, commission or division, hereinafter
referred to as the "licensing authority," that issues licenses or
permits, including renewals and transfers, a list of any person, corporation,
or business enterprise, hereinafter referred to as the "party," that
has neglected or refused to pay any local taxes, fees, assessments,
betterments or other municipal charges and that such party has not
filed in good faith a pending petition before the Appellate Tax Board.
The licensing authority may deny, revoke or
suspend any license or permit including renewals and transfers of
any party whose name appears on said list furnished to the licensing
authority from the Tax Collector; provided, however, that written
notice is given to the party and the Tax Collector, as required by
applicable provisions of law, and the party is given a hearing, to
be held not earlier than 14 days after said notice. Said list shall
be prima facie evidence for denial, revocation or suspension of said
license or permit to any party. The Tax Collector shall have the right
to intervene in any hearing conducted with respect to such license
denial, revocation or suspension. Any finding made by the licensing
authority with respect to such license denial, revocation or suspension
shall be made only for the purposes of such proceeding and shall not
be relevant to or introduced in any other proceeding at law, except
for any appeal from such license denial, revocation or suspension.
Any license or permit denied, suspended or revoked under this article
shall not be reissued or renewed until the license authority receives
a certificate issued by the Tax Collector that the party is in good
standing with respect to any and all local taxes, fees, assessments,
betterments or other municipal charges payable to the municipality
as the date of issuance of said certificate.
Any party shall be given an opportunity to enter
into a payment agreement, thereby allowing the licensing authority
to issue a certificate indicating said limitations to the license
or permit, and the validity of said license shall be conditioned upon
the satisfactory compliance with said agreement. Failure to comply
with said agreement shall be ground for the suspension or revocation
of said license or permit; provided, however, that the holder is given
notice and a hearing as required by applicable provisions of law.
[Amended 10-23-2006 ATM by Art. 2]
The Board of Selectmen may waive such denial,
suspension or revocation if it finds there is no direct or indirect
business interest by the property owner, its officers of stockholders,
if any, or members of his immediate family, as defined in MGL c. 268A,
§ 1, in the business or activity conducted in or on said
property.
[Amended 10-23-2006 ATM by Art. 2]
This bylaw shall not apply to the following
licenses and permits: open burning, MGL c. 48, § 13; bicycle
permits, MGL c. 85, § 11A; sales of articles for charitable
purposes, MGL c. 101, § 33; children work permits, MGL c.
149, § 69; clubs, associations dispensing food or beverage
licenses, MGL c. 140, § 21E; dog licenses, MGL c. 140, § 137;
fishing, hunting trapping license, MGL c. 131, § 12; marriage
licenses, MGL c. 270, § 28; and theatrical events, public
exhibition permits, MGL c. 140, § 181.
[Added 5-15-1989 STM by Art. 12]
A. This bylaw shall apply to licensed business enterprises
conducted by any person, association, corporation, or other entity
on the land of any other person or party who has for 12 consecutive
months refused or neglected to pay any local taxes, fees, assessments,
betterments, or other municipal charges provided that the local licensing
authority finds a direct or indirect business or family relationship
between the licensee/applicant and the property owner with respect
to the licensed business activity, except such relationship as may
have been established exclusively under a lease executed prior to
the effective date of this bylaw.
B. Except as otherwise expressly provided by law, any
local licensing authority engaged in a licensing proceeding wherein
the suitability of the premises for the licensed activity is to be
determined shall accept the Tax Collector's list showing taxes on
the proposed premises unpaid for the immediately preceding 12 months
as evidence that the proposed premises are not suitable for the proposed
licensed activity. Upon a finding by the local licensing authority
that ownership of the business interests in the licensed activity
has been separated from ownership of the premises for the purpose
of avoiding the consequences of this bylaw, the local licensing authority
may deny the application for or renewal of the license sought by the
applicant.