[Adopted 5-2-1994 ATM by Art. 17]
[Amended 5-6-2019 ATM by Art. 34]
The Tax Collector or other municipal official
responsible for records of all taxes, assessments, betterments and
other municipal charges, hereinafter referred to as the Tax Collector,
shall annually, and may 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 5-6-2019 ATM by Art. 34]
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 enter 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 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. 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.
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.
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 their immediate family, as defined in Section 1 of Chapter
268 in the business or activity conducted in or on said property.
This article shall not apply to the following
licenses and permits: open burning, Section 13 of Chapter 48; bicycle
permits, Section 11A of Chapter 85; sales of articles for charitable
purposes, Section 33 of Chapter 101; children work permits, Section
69 of Chapter 149; clubs, associations dispensing food or beverage
licenses, Section 21E of Chapter 140; dog licenses, Section 137 of
Chapter 140; fishing, hunting, trapping licenses, Section 12 of Chapter
131; marriage licenses, Section 28 of Chapter 207; theatrical events,
public exhibition permits, Section 181 of Chapter 140; and special
permits granted by the Board of Appeals, Chapter 40A.