[HISTORY: Adopted by the Town of Middleton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-12-1992 ATM by Art. 36]
[Amended 5-14-2019 ATM
by Art. 20]
The Treasurer-Collector or other municipal official
responsible for records of all municipal taxes, assessments, betterments
and other municipal charges shall annually furnish 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 has a pending petition
before the Appellate Tax Board.
[Amended 5-14-2019 ATM
by Art. 20]
The licensing authority shall 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 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 Treasurer-Collector; provided, however, that written
notice is given to the party and the Treasurer-Collector, as required
by applicable provision of law, and the party is given a hearing,
to be held not earlier than 14 days after said notice. Said list shall
be a 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 findings made
by the licensing authority with respect to such 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 proceedings
at law, except for any appeal from such license denial, revocation,
suspension. Any license or permit denied, suspended or revoked under
this section shall not be issued 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 municipality as of the date of issuance of said certificate.
Any party shall be given an opportunity to enter
into a payment agreement with the Treasurer-Collector, 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 5-14-2019 ATM
by Art. 20; 6-5-2021 ATM by Art. 21]
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 MGL c. 268A in
the business or activity conducted in or on said property.
This section shall not apply to the following
licenses and permits granted under the General Laws of the Commonwealth
of Massachusetts: 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
license, MGL c. 140, § 21E; dog licenses, MGL c. 140, § 137;
fishing, hunting, trapping licenses, MGL c. 131, § 12;
marriage licenses, MGL c. 207, § 28; and theatrical events,
public exhibition permits, MGL c. 140, § 181.
