[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Article III, Sec. 9, of the 1973
General Bylaws, as updated through 2002]
The Tax Collector or other Town official responsible
for records of all Town taxes, assessments, betterments and other
Town charges, hereinafter referred to as the Tax Collector, shall
annually furnish to each department, board, commission or division,
that issues licenses or permits including renewals and transfers,
hereinafter referred to as the Licensing Authority, a list of any
person, corporation, or business enterprise, hereinafter referred
to as the party, that has neglected or refused to pay any Town taxes,
fees, assessments, betterments or other Town 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 to be 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 of the hearing is given to the party and the Tax Collector,
as required by applicable provisions of law and the party is given
a hearing, such 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 purpose of such proceedings
and shall not be relevant to or introduced in any other proceeding
at law except of 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 of good standing issued by the Tax
Collector that the party is in good standing with respect to any and
all Town taxes, fees, assessment, betterments or other Town charges,
payable to the Town 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.
[Amended 10-21-2019 FATM, Art. 20]
The Select Board may waive such denial, suspension
or revocation if it finds that there is not a direct or indirect business
interest by the property owner, its officers or stockholders if any,
or members of his or her immediate family (as defined in MGL c. 268A,
§ 1), in the business or activity in or on said property.
This bylaw shall not apply to the following licenses and permits;
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 licenses, MGL c. 131, § 12; marriage licenses,
MGL c. 207, § 28; and theatrical events, public exhibition
permits, MGL c. 140, § 181. Sections and Chapters refer
to the General Laws of the Commonwealth.
[Adopted 10-15-2018 FATM, Art. 14]
A.
The Police Department shall, as authorized by MGL c. 6, § 172B
1/2, conduct state and federal fingerprint based criminal history
checks for individuals applying for the following licenses:
B.
At the time of fingerprinting, the Police Department shall notify
the individual fingerprinted that the fingerprints will be used to
check the individual's criminal history records. The Police Chief
shall periodically check with the Executive Office of Public Safety
and Security ("EOPSS") which has issued an informational bulletin
which explains the requirements for Town bylaws and the procedures
for obtaining criminal history information, to see if there have been
any updates to be sure the Town remains in compliance.
C.
Upon receipt of the fingerprints and the appropriate fee, the Police
Department shall transmit the fingerprints it has obtained pursuant
to this bylaw to the Identification Section of the Massachusetts State
Police, the Massachusetts Department of Criminal Justice Information
Services (DCJIS), and/or the Federal Bureau of Investigation (FBI)
or the successors of such agencies as may be necessary for the purpose
of conducting fingerprint-based state and national criminal records
background checks of license applicants specified in this bylaw. The
Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (DCJIS) and the
Federal Bureau of Investigation (FBI), and their successors, as may
be applicable, to conduct fingerprint-based state and national criminal
record background checks, including FBI records, consistent with this
bylaw. The Town authorizes the Police Department to receive and utilize
state and FBI records in connection with such background checks, consistent
with this bylaw. The state and FBI criminal history will not be disseminated
to unauthorized entities.
D.
Upon receipt of a report from the FBI or other appropriate criminal
justice agency, a record subject may request and receive a copy of
his/her criminal history record from the Police Department. Should
the record subject seek to amend or correct his/her record, he/she
must take appropriate action to correct said record, which action
currently includes contacting the Massachusetts Department of Criminal
Justice Information Services (DCJIS) for a state record or the FBI
for records from other jurisdictions maintained in its file. An applicant
that wants to challenge the accuracy or completeness of the record
shall be advised that the procedures to change, correct, or update
the record are set forth in Title 28 CFR 16.34. The Police Department
shall not utilize and/or transmit the results of the fingerprint-based
criminal record background check to any licensing authority pursuant
to this bylaw until it has taken the steps detailed in this subsection.
E.
Municipal officials should not deny an applicant the license based
on information in the record until the applicant has been afforded
a reasonable time to correct or complete the information, or has declined
to do so. The Police Department shall communicate the results of fingerprint-based
criminal record background checks to the appropriate governmental
licensing authority within the Town as listed. The Police Department
shall indicate whether the applicant has been convicted of, or is
awaiting final adjudication for, a crime that bears upon his or her
suitability, or any felony or misdemeanor that involved force or threat
of force, controlled substances or a sex-related offense. The Select Board
is authorized to promulgate regulations for the implementation of
the proposed bylaw, but in doing so it is recommended that they consult
with the Chief of Police, Town Counsel and the Massachusetts Executive
Office of Public Safety and Security (or its successor agency) to
ensure that such regulations are consistent with the statute, the
FBI's requirements for access to the national database, and other
applicable state laws.
[Amended 10-21-2019 FATM, Art. 20]
Licensing authorities of the Town shall utilize the results
of fingerprint-based criminal record background checks for the sole
purpose of determining the suitability of the subjects of the checks
in connection with the license applications specified in this bylaw.
A Town licensing authority may deny an application for a license on
the basis of the results of a fingerprint-based criminal record background
check if it determines that the results of the check render the subject
unsuitable for the proposed occupational activity. The licensing authority
shall consider all applicable laws, regulations and Town policies
bearing on an applicant's suitability in making this determination.
The Town or any of its officers, departments, boards, committees or
other licensing authorities is hereby authorized to deny any application
for, including renewals and transfers thereof, for any person who
is determined unfit for the license, as determined by the licensing
authority, due to information obtained pursuant to this bylaw.
The fee charged by the Police Department for the purpose of
conducting fingerprint-based criminal record background checks shall
be $100. The Town Treasurer shall periodically consult with Town Counsel
and the Department of Revenue, Division of Local Services regarding
the proper municipal accounting of those fees. A portion of the fee,
as specified in MGL c. 6, § 172B 1/2, shall be deposited
into the Firearms Fingerprint Identity Verification Trust Fund, and
the remainder of the fee may be retained by the Town to be expended
by the Police Department to help offset costs associated with the
administration of the fingerprinting system, subject to Town Meeting
appropriation or deposited in a revolving account if and when one
is established for that purpose.
This bylaw shall take effect upon approval by the Attorney General,
so long as the requirements of MGL c. 40, § 32, are satisfied.
