[HISTORY: Adopted by the Town of Newbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Annual Town Meeting 4-19-1988 by Art.
34]
Notwithstanding the provisions of any Newbury
By-law 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:
The tax 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 (12) month period,
and that such party has not filed in good faith a pending petition
before the appellate tax board.
[Amended 11-12-2019 STM, Art. 13]
Any license or permit denied, suspended or revoked
under this section shall not be reissued or renewed until the licensing
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 of 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 be given
notice and a hearing as required by applicable provisions of law.
The Board of Selectmen may waive such, suspension
or revocation if it finds there is no direct or indirect business
interest by the property owner, its officers or stock holders, if
any, or members of his immediate family, as defined in section one
of chapter two hundred and sixty-eight in the business or activity
conducted in or on said property.
This by-law shall not apply to the following
licenses and permits; open burning sec. 13 of Chapt. 48; bicycle permits;
sec. 11A of Chapt. 85; sales of articles for charitable purposes,
sec. 33 of Chapt. 101; children work permits, sec. 69 of Chapt. 149;
clubs, associations dispensing food or beverage license, sec. 21 of
Chapt. 140; dog licenses, sec. 137 of Chapt. 140; fishing, hunting
trapping license, sec. 12 of Chapt. 131; marriage licenses, sec. 28
of Chapt. 207 and theatrical events, public exhibition permits, sec.
181 of Chapt. 140.
