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 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 1-27-1998 STM, Art. 7]
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 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 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 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 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.
[Amended 1-27-1998 STM, Art. 7; 5-17-2022 ATM, Art. 32]
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, § 1,
in the business or activity conducted in or on said property.
This section shall not apply to the following
licenses and permits:
A. Open burning: MGL C. 48, § 13.
B. Bicycle 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 license: MGL C. 131, § 12.
H. Marriage licenses: MGL C. 207, § 28.
I. Theatrical events, public exhibition permits: MGL
C. 140, § 181.