[HISTORY: Adopted by the Town Meeting as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1996 ATM, Art. 31 (Sec. 140.4 of the General
Bylaws)]
The tax collector or other municipal official
responsible for the 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,
herein referred to as the licensing authority, that issues licenses
or permits including renewals and transfers, a list of any person,
corporation or business enterprises, 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 or 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. The tax collector shall have the right to intervene
in any hearing conducted with respect to such license denial, revocation
or suspension.
B.
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 proceedings 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 denial, suspended or revoked under this section shall not be
reissued or renewed until 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 Town as the date of issuance
or 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 5-11-2009 ATM,
Art. 26]
The Town board may waive such denial, suspension
or revocation if it finds there is no direct or indirect business
interests 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. All of the references in this section are to
the general laws.
A.
Open burning:
MGL c. 48, § 13;
B.
Bicycles
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 license: MGL c. 140, § 21E;
F.
Dog licenses:
MGL c. 140, § 137;
G.
Fishing,
hunting, trapping license: MGL c. 131, § 12;
H.
Marriage
license: MGL c. 207, § 28; and
I.
Theatrical
events, public exhibition permits: MGL c. 140, § 181.
