Town of Great Barrington, MA Licenses

Definitions. As used in this article, the following terms shall have the meanings indicated:

Any department, board, commission or division that issues local licenses or permits of any kind, including renewals and transfers.

PARTY

Any person, corporation or business enterprise.

TAX COLLECTOR

The municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges.

The Tax Collector shall annually furnish to all municipal licensing authorities, and to any such licensing authority upon request, a list of all parties that have neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for a period of not less than 12 months, provided 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.

With the exception of licenses and permits specified in Subsection H of this section, 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 by the Tax Collector, and said list shall be prima facie evidence for denial, revocation or suspension of such license or permit to any party whose name appears on said list.

Before any such denial, revocation or suspension, however, written notice shall be given to the party by certified mail, return receipt requested, and to the Tax Collector, both in accordance with applicable provisions of law, and the party shall be given a hearing, to be held not earlier than 14 days after receipt of said notice. For the purposes of this section, said notice shall be deemed received on the date the party or his or her representatives signs the return receipt. In the event that the party fails or refuses to accept said written notice and/or the return receipt is unsigned or undated, the notice shall be deemed to have been received on the third business day following the date of mailing, as determined by the postmark or other evidence.

The Tax Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reinstated or renewed until the licensing authority receives a certificate issued by the Tax Collector certifying 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 Town of Great Barrington 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 conditioning the validity of said license or permit upon 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 of said license or permit be given notice and a hearing as required by applicable provisions of law.

The Board of Selectmen, upon written request, may waive such denial, suspension or revocation if it finds after a public hearing that there is no direct or indirect business interest by the property owner, its officer or stockholders, if any, or members of the property owner's immediate family as defined in MGL c. 268, § 1, in the business or activity conducted in or on said property. Notice of said public hearing shall be posted on the principal bulletin board in the Town Hall not less than seven days before the hearing and shall be advertised in a newspaper of general circulation within Great Barrington once each in two succeeding weeks, with the date of first publication not less than 14 days before the date of the hearing.

This section shall not apply to the following licenses and permits:

(1)

Open burning (MGL c. 48, § 13).

(2)

Bicycle permits (MGL c. 85, § 11A).

(3)

Sales of articles for charitable purposes (MGL c. 101, § 33).

(4)

Children's work permits (MGL c. 149, § 69).

(5)

Licenses for clubs and associations dispensing food and beverages (MGL c. 140, § 21E).

(6)