[Adopted 9-15-1986 STM
by Art. 8 (Art. 21 of the 1922 bylaws; amended in its entirety 11-14-2016 ATM by Art. 7]
The Tax collector or other municipal official responsible for
records of all municipal taxes, assessments, betterment 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 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 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 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
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 findings made by the licensing authority with respect
to such license denial revocation or suspension shall be made only
for the purpose 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 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 the date of issuance
or said certificate.
Any party shall be given the 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 provided,
however, that the holder be given notice and a hearing as required
by applicable provisions of law.
[Amended 5-20-2019 ATM by Art. 21]
The Select Board may waive such denial, suspension or revocation
if it finds that there is no direct or indirect business interest
by the property owner, its officers or stockholders, if any, or members
of his or her immediate family, as defined in MGL c. 268A in the business
or activity conducted in or on said property.
This section shall not apply to the following licenses and permits
issued under the General Laws of the Commonwealth: 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 license, MGL c. 140, § 137; fishing, hunting, trapping
license, MGL c. 131, § 12; marriage licenses, MGL c. 207,
§ 28; and theatrical events, public exhibition permits,
MGL c. 140, § 181.