[Adopted 4-13-1998 ATM by Art. 45, approved
7-31-1998]
Any license or permits, except those listed in § 19-18 hereof, including renewals and transfers, issued by any Town of Nantucket board, officer, department may be denied for any person, 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 activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate whose owner has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges to implement the foregoing. Any such license or permit may also be revoked or suspended by reason of such neglect or refusal pursuant to this article.
[Amended 4-1-2017 ATM
by Art. 81, approved 5-31-2017]
The Collector/Treasurer, hereinafter referred to as the "Collector," shall annually, and may periodically, furnish to each department, board, commission or division that serves as a licensing authority for the licenses or permits referred to in § 19-13 or 19-18, except as exempted in § 19-18, 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 application for an abatement of such tax or a pending petition before the Appellate Tax Board.
The Town licensing authority may deny, revoke
or suspend any license or permit, including renewals and transfers
of any party whose name appears on the list furnished to the licensing
authority from the Tax 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 Collector; provided, however, that written notice
is given the party and the 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 Collector shall have the right to intervene in any
hearing conducted with respect to such license denial, revocation
or suspension. Any findings made by the Town licensing authority 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 section
shall not be reissued or renewed until the license authority receives
certificate issued by the 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
day of issuance of said certificate.
[Amended 4-4-2006 ATM by Art. 66, approved 8-2-2006]
Any party so owing such tax, fee, assessment, betterment or other municipal charge shall be given an opportunity to enter into a payment agreement, including a redemption of tax title pursuant to § 40-3, 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.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
The Select Board may waive such denial, suspension
or revocation if it finds there is no direct or indirect business
interest by the property owner, its officers or 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.
This article shall apply to all licenses and
permits issued by any Town of Nantucket board, commission or officer,
including, to the extent allowed by applicable law, building permits,
certificates of appropriateness, orders of condition, septic system
permits, zoning variances and special permits, but excluding the following
licenses and permits:
A.
All licenses and permits exempted by MGL c. 40, § 57;
B.
Open burning, MGL c. 48, § 13;
C.
Bicycle permits, MGL c. 85, § 11A; sales
of articles for charitable purposes, MGL c. 101, § 33;
D.
Children work permits, MGL c. 149, § 69;
E.
Clubs, associations dispensing food or beverage licenses,
MGL c. 140, § 21E;
F.
Dog licenses, MGL c. 140, § 137;
G.
Fishing, hunting, trapping license, MGL c. 131, § 12;
H.
Marriage licenses, MGL c. 207, § 28; and
I.
Theatrical events, public exhibition permits, MGL
c. 140, § 181.
