The Town shall deny any application for or revoke or suspend
any local licenses or permits, including renewals and transfers, issued
by any board, officer, or department for any person, corporation,
or business enterprise who or which has neglected or refused to pay
any local taxes, fees, assessments, betterments, or any other municipal
charges in accordance with the procedures allowed by MGL c. 40, § 57.
[Added 5-3-1990 ATM by Art. 24]
A. The Tax Collector or other municipal official responsible for records
of all Town taxes, assessments, betterments and other municipal charges,
hereinafter referred to as the "Tax Collector," shall annually or
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 10-27-2016 STM
by Art. 14]
B. 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 purpose 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.
[Amended 10-20-1994 STM by Art. 16]
C. 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 shall be given notice and a hearing as required
by applicable provisions of law.
D. 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.
E. This section 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 and associations dispensing food or beverage licenses, MGL c.
140, § 21E; dog licenses, MGL c. 140, § 137; fishing,
hunting, and trapping licenses, MGL c. 131, § 12; marriage
licenses, MGL c. 207, § 28; and theatrical events and public
exhibition permits, MGL c. 140, § 181.
[Amended 11-18-2010 STM by Art. 3]