[HISTORY: Adopted by the City Council of the City of Springfield 6-19-1997 (Title 5,
Ch. 5.64, of the 1986 Code). Amendments noted where applicable.]
The purpose of this chapter is to control the denials of any
application for, or revocation or suspension of, any local license
or permit, including renewals and transfers issued by any board, officer,
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 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 the owner
of which has neglected or refused to pay any local taxes, fees, assessments,
betterments or any other municipal charges.
[Amended 6-4-2018; 11-19-2018 by Ord. No. 2018-14]
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, and may periodically consistent with the rules and
regulations of the various departments, boards, commissions, or divisions,
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 has a past due balance,
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 the 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 the 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.
A.
The list shall be prima facie evidence for the 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.
B.
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 chapter 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 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 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 is given notice and a hearing as
required by applicable provisions of law.
The City Council 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.
This chapter shall not apply to the following licenses and permits:
open burning, MGL c. 48, § 13; bicycle permits, MGL
c. 85, § 11A;[1] 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.
[1]
Editor's Note: This section of state law was repealed by Laws
of 2008, c. 525, § 2.
