Town of Westminster, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Article I adopted by the Annual Town Meeting 6-25-1994 by Art. 32. Amendments noted where applicable.]
[Adopted ATM 6-25-1994 by Art. 32]

§ 131-1 Denial, revocation or suspension for failure to pay tax, fee or charge.

[Amended ATM 5-3-1997 by Art. 38]
Any board, officer or department shall deny any application or revoke or suspend any local license or permit, including renewals and transfers, for any persons, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges or with respect to any activity, event or other matter which is the subject of such license or permit and which event or matter is carried out or exercised or is to be carried out or exercised on or about real estate whose owner had neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges.

§ 131-2 List of delinquent taxpayers.

The Town Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as "the Town Collector," shall annually 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 for not less than a twelve-month period and that such party has not filed, in good faith, a pending application for an abatement of such tax or a pending petition before the Appellate Tax Board.

§ 131-3 Written notice and hearing; use of findings limited.

A. 
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 Town Collector or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the Town Collector; provided, however, that written notice is given to the party and the Town 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 Town Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension.
[Amended ATM 5-3-1997 by Art. 38; ATM 5-4-2013 by Art. 38]
B. 
Any findings 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.

§ 131-4 Reissuance or renewal.

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 Town 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 of the date of issuance of said certificate.

§ 131-5 Payment agreements.

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 grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.

§ 131-6 Waiver of denial, suspension or revocation.

The Board of Selectmen may waive such denial, suspension or revocation if it finds there is not direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in Section 1 of Chapter 268A in the business or activity conducted in or on said property.

§ 131-7 Nonapplicability.

[Amended ATM 5-4-2013 by Art. 38]
The provisions of this article shall not apply to any of the licenses and permits exempted by MGL c. 40, § 57, which includes licenses or permits for open burning (MGL c. 48, § 13); bicycles (MGL c. 85, § 11A); sales of articles for charitable purposes (MGL c. 101, § 33); children work permits (MGL c. 149, § 69); clubs or associations dispensing food or beverage licenses (MGL c. 140, § 21E); dog licenses (MGL c. 140, § 137); fishing, hunting, trapping licenses (MGL c. 131, § 12); marriage licenses (MGL c. 207, § 28); theatrical events and public exhibition permits (MGL c. 140, § 181); and any other local license or permit which the Town chooses to exclude from this article by further amendment to the article.