[HISTORY: Adopted by the Town Meeting of
the Town of Barre 6-10-1996 ATM, Art. 64. Amendments noted where applicable.]
The Tax Collector or other municipal official
responsible for records of all municipal taxes, assessments, betterments
and other municipal charges, hereinafter referred to as 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-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.
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 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.
B.
The Tax Collector shall have the right to intervene
in any hearing conducted with respect to such license denial, revocation
or suspension.
C.
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.
D.
Any license or permit denied, suspended or revoked
under this section 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 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 6-15-2021 ATM, Art. 20]
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 bylaw shall not apply to the following
licenses and permits:
A.
Open burning, MGL c. 48, § 13.
B.
Bicycle permits, MGL c. 85, § 11A.
C.
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.
I.
Theatrical events, public exhibition permits, MGL
c. 140, § 181.
[Added 6-25-2012 ATM, Art. 17]
A.
Criminal history check authorization.
(1)
The Police Department shall, as authorized by MGL c. 6, § 172B
1/2, conduct state and federal fingerprint-based criminal history
checks for individuals applying for the following licenses:
[Amended 6-15-2021 ATM, Art. 20]
(a)
Hawking and peddling or other door-to-door salespeople (police).
(b)
Manager of alcoholic beverage license (Select Board).
(c)
Owner or operator of public conveyance (Select Board).
(d)
Dealer of secondhand articles (Select Board).
(e)
Pawn dealers (Select Board, Police).
(f)
Ice cream truck vendors (Select Board).
(2)
Fingerprinting.
(a)
At the time of fingerprinting, the Police Department shall notify
the individual fingerprinted that the fingerprints will be used to
check the individual's criminal history records. The Police Chief
shall periodically check with the Executive Office of Public Safety
and Security ("EOPSS") which has issued an informational bulletin
which explains the requirements for Town bylaws and the procedures
for obtaining criminal history information, to see if there have been
any updates to be sure the Town remains in compliance.
(b)
Upon receipt of the fingerprints and the appropriate fee, the
Police Department shall transmit the fingerprints it has obtained
pursuant to this bylaw to the Identification Section of the Massachusetts
State Police, the Massachusetts Department of Criminal Justice Information
Services (DCJIS), and/or the Federal Bureau of Investigation (FBI)
or the successors of such agencies as may be necessary for the purpose
of conducting fingerprint-based state and national criminal records
background checks of license applicants specified in this bylaw. The
Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (DCJIS), and the
Federal Bureau of Investigation (FBI), and their successors, as may
be applicable, to conduct fingerprint-based state and national criminal
record background checks, including of FBI records, consistent with
this bylaw. The Town authorizes the Police Department to receive and
utilize state and FBI records in connection with such background checks,
consistent with this bylaw. The state and FBI criminal history will
not be disseminated to unauthorized entities.
(c)
Upon receipt of a report from the FBI or other appropriate criminal
justice agency, a record subject may request and receive a copy of
his/her criminal history record from the Police Department. Should
the record subject seek to amend or correct his/her record, he/she
must take appropriate action to correct said record, which action
currently includes contacting the Massachusetts Department of Criminal
Justice Information Services (DCJIS) for a state record or the FBI
for records from other jurisdictions maintained in its file. An applicant
that wants to challenge the accuracy or completeness of the record
shall be advised that the procedures to change, correct, or update
the record are set forth in 28 CFR 16.34. The Police Department shall
not utilize and/or transmit the results of the fingerprint-based criminal
record background check to any licensing authority pursuant to this
bylaw until it has taken the steps detailed in this subsection. Municipal
officials should not deny an applicant the license based on information
in the record until the applicant has been afforded a reasonable time
to correct or complete the information, or has declined to do so.
(d)
The Police Department shall communicate the results of fingerprint-based
criminal record background checks to the appropriate governmental
licensing authority within the Town as listed. The Police Department
shall indicate whether the applicant has been convicted of, or is
awaiting final adjudication for, a crime that bears upon his or her
suitability, or any felony or misdemeanor that involved force or threat
of force, controlled substances or a sex-related offense.
(e)
The Select Board is authorized to promulgate regulations for
the implementation of the proposed bylaw, but in doing so it is recommended
that they consult with the Chief of Police, Town Counsel and the Massachusetts
Executive Office of Public Safety and Security (or its successor agency)
to ensure that such regulations are consistent with the statute, the
FBI's requirements for access to the national database, and other
applicable state laws.
[Amended 6-15-2021 ATM, Art. 20]
B.
Use of criminal record by licensing authorities.
(1)
Licensing authorities of the Town shall utilize the results of fingerprint-based
criminal record background checks for the sole purpose of determining
the suitability of the subjects of the checks in connection with the
license applications specified in this bylaw. A Town licensing authority
may deny an application for a license on the basis of the results
of a fingerprint-based criminal record background check if it determines
that the results of the check render the subject unsuitable for the
proposed occupational activity. The licensing authority shall consider
all applicable laws, regulations and Town policies bearing on an applicant's
suitability in making this determination.
(2)
The Town or any of its officers, departments, boards, committees
or other licensing authorities is hereby authorized to deny any application
for, including renewals and transfers thereof, for any person who
is determined unfit for the license, as determined by the licensing
authority, due to information obtained pursuant to this bylaw.
C.
Fees.
(1)
The fee charged by the Police Department for the purpose of conducting
fingerprint-based criminal record background checks shall be $0.
(2)
The Town Treasurer shall periodically consult with Town Counsel and
the Department of Revenue, Division of Local Services regarding the
proper municipal accounting of those fees.
(3)
A portion of the fee, as specified in MGL c. 6, § 172B
1/2, shall be deposited into the Firearms Fingerprint Identity Verification
Trust Fund, and the remainder of the fee may be retained by the Town
for costs associated with the administration of the fingerprinting
system.
D.
Effective date. This bylaw shall take effect September 1, 2012, so
long as the requirements of MGL c. 40, § 32 are satisfied.
