[HISTORY: Adopted by the Town Meeting of
the Town of Boxford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-22-1997 ATM, Art. 47]
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 a 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 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.
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 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.
E.
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 9-12-2020 ATM by Art. 19]
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 as referenced in the Massachusetts 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 licenses:
MGL c. 140, § 21E.
F.
Dog licenses: MGL c. 140, § 137.
G.
Fishing, hunting, trapping licenses: MGL c. 101, § 12.
H.
Marriage licenses: MGL c. 207, § 28.
I.
Theatrical events, public exhibition permits: MGL
c. 140, § 181.