[HISTORY: Adopted by the Town Meeting of
the Town of Belchertown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-11-1987 ATM by Art. 28 (Ch. III, Art. 14 of
the 1985 Compendium of Bylaws)]
[Amended 5-8-2017 ATM
by Art. 19]
The Treasurer-Collector shall periodically 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 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.
[Amended 5-8-1995 ATM by Art. 24]
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 Treasurer-Collector or any license or permit with respect
to any activity, event or other matter which is the subject of such
license or permit and which activity, event or other 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;
provided, however, that written notice is given to the party and the
Treasurer-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.
B.
Said list shall be prima facie evidence for denial,
revocation or suspension of said license or permit to any party. The
Treasurer-Collector shall have the right to intervene in any hearing
conducted with respect to such license denial, revocation or suspension.
Any license or permit denied, suspended or revoked under this article
shall not be reissued or renewed until the licensing authority receives
a certificate issued by the Treasurer-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 Town of Belchertown
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 grounds for the suspension or revocation
of said license or permit; provided, however, that the holder shall
be given notice and a hearing as required by applicable provisions
of law.
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 immediate family, as defined in MGL c. 268A, § 1,
in the business or activity conducted in or on said property.
This article 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 and trapping licenses, MGL c. 131,
§ 12.
H.
Marriage licenses, MGL c. 207, § 28.
I.
Theatrical events and public exhibition permits, MGL
c. 140, § 181.
