[HISTORY: Adopted by the Town Meeting of
the Town of Chatham as indicated in article histories. Amendments
noted where applicable.]
[Adopted May 1997 ATM by Art. 11 as Ch. 23,
§ 23007 of the 1997 Bylaws]
Pursuant to MGL c. 40, § 57, the Tax
Collector shall annually furnish to each department, board, and commission,
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.
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 the law, and the party is given a hearing,
to be held not earlier than 14 days after said notice.
A.
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 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.
D.
Any license or permit denied, suspended or revoked
under this article 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 of the date of issuance of said certificate.
A.
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.
B.
Failure to comply with said agreement shall be grounds
for the suspension or revocation of said license or permit, provided
that the holder be given notice and a hearing as required by applicable
provisions of the law.
A.
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.
[Amended 6-12-2021 ATM by Art. 55]
B.
This article shall not apply to the following licenses
and permits issued under the following Massachusetts General Laws:
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 licenses, 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.
