[HISTORY: Adopted by the Town Meeting of the Town of Millville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-2013 ATM
by Art. 18]
All licenses required by law are to be granted by the applicable
licensing authority and recorded and maintained by said authority.
A.
Listing of delinquent taxpayers. The Treasurer/Collector or other
municipal official responsible for records of all municipal taxes,
assessments, betterments and other municipal charges, hereafter referred
to as the "Treasurer/Collector," shall annually, and 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 enterprise, hereafter referred to as the "party," that has neglected
or refused to pay 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 11-13-2017 STM by Art. 3]
B.
Effect of delinquency. The licensing authority may deny, revoke or
suspend any license or permit, including renewals or transfers, of
any party whose name appears on said list furnished to the licensing
authority from the Treasurer/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 Treasurer/Collector; provided, however, that written
notice is given to the party and the Treasurer/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 Treasurer/Collector shall have
the right to intervene in any hearing conducted with respect to such
license denial, revocation or suspension. Any finding 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 proceedings
of 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 Treasurer/Collector
that the party is in good standing with respect to any all local taxes,
fees, assessments, betterments or other municipal charges, payable
to the municipality as of the date of issuance of said certificate.
C.
Payment agreements. Any party shall be given the 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 is given
notice and a hearing as required by applicable provisions of law.
D.
Waiver of restriction by selectmen. The Board of Selectmen may waive
such denial, suspension or revocation if it finds there is not a 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.
Exclusions. This section shall not apply to the following licenses
or permits under Massachusetts General Law:
|
Permit
|
Statutory Citation
| |
|---|---|---|
|
Open burning
|
MGL c. 48, § 13
| |
|
Charitable sales
|
MGL c. 101, § 33
| |
|
Sporting licenses
|
MGL c. 131, § 12
| |
|
Clubs/Associations
|
MGL c. 140, § 21E
| |
|
Dog licenses
|
MGL c. 140, § 137
| |
|
Theatrical/Exhibits
|
MGL c. 140, § 181
| |
|
Child work permits
|
MGL c. 149, § 69
| |
|
Marriage licenses
|
MGL c. 207, § 28
|
A.
In accordance with MGL c. 40, applications for Class 1, 2 or 3 motor
vehicle dealer's licenses shall be on forms approved by the Registrar
of Motor Vehicles. Any person filing an application for a license
or amending an existing license shall file a certified plot plan of
all the premises on which this license will be exercised. Such plan
shall be drawn to scale, showing the North arrow as well as the actual
dimensions, radii, and all angles of all the premises, and showing
the specific area to be used for the car lot, display areas, and all
permanent buildings. The plot plan shall also include buffer areas,
signs, driveways, and all abutters to the property, and other such
information as the licensing authority deems necessary to determine
the merits of the application. The licensing authority shall refer
the plan to the Building Inspector, who shall review it and make a
report to the licensing authority, in writing, concerning compliance
of the plan with the requirements of this subsection.
B.
Every licensee shall provide a suitable place to conduct his/her
business, which shall include a plan to provide services and storage
for not less than one motor vehicle. A storage area shall be exclusive
of any office space. Each licensee shall be required to provide an
area of display for vehicles containing not less than 1,500 square
feet.
C.
The issuance of any license shall be allowed for not less than five
cars and does not allow auto repairs or auto body repairs for the
general public, but is restricted to repairs only on cars offered
for sale by the dealer. All major repairs must be done indoors.
D.
After a license is issued under this section, the licensee must obtain
dealer license plates from the Registry of Motor Vehicles and shall
not use repair plates for the vehicles held for sale. The licensee
must obtain the above plates within 90 days of the issuance of the
license and retain these plates as a condition of holding this license.
All license plate numbers must be recorded in the Office of the Town
Clerk upon receipt from the Registry of Motor Vehicles.
E.
No person shall be licensed to buy and sell secondhand motor vehicles
unless he/she has filed with his/her application a statement certifying
that such business will be the applicant's principal business and
that it will be conducted on the licensed premises.
F.
No car for sale shall be parked within the buffer area, which shall
be a minimum of five feet from a public way or sidewalk. Bumper guards
shall be placed along any street line used as a display area. The
licensing authority may require additional buffers that it deems necessary
for the safety of each individual area.
G.
No temporary office space of any kind will be allowed without proper
sanitary facilities, nor will trailers on wheels or blocks be allowed.
H.
Failure of a licensee to conform with any section of this bylaw or with Chapter 100, Zoning, shall be deemed to represent sufficient cause to suspend, revoke or not to reissue the license.
I.
Effective upon the date of the adoption of this bylaw, all present licensees who remain in the same location and under the same ownership shall be exempt from the provisions of Subsections A, B, C and F of this section; provided, however, that all conditions in effect upon the original issuance of any license shall remain as a condition for those license holders.
K.
The hours of operation of any licensed business are to be restricted
to between 8:00 a.m. and 9:00 p.m. No sales or promotional activities
are to occur on Sundays or holidays, with the exception of President's
Day.
L.
The licensing authority may also restrict the hours of operation
or outdoor lighting on the licensed premises, depending upon its impact
upon abutters and the surrounding community.
M.
The license shall be subject to any other reasonable safety precautions
that are deemed necessary by the licensing authority.
N.
The licensing authority may approve an application for a Class 1
and 2 dealer's license with the stipulation that all of the above
regulations must be met prior to the issuance of that license.
O.
The licensing authority is empowered to suspend, revoke or take any
other action provided for by this section or by the General Laws of
the Commonwealth, against any license issued hereunder, after a hearing,
if it finds that there has been a violation of law, bylaw, rules or
regulations.
P.
If the licensing authority finds, after a hearing, that the licensee
has violated or permitted a violation of this bylaw or any other applicable
law, rule, or regulation, it may revoke, suspend, or fine the licensee.
Q.
The total number of Class 2 dealer's licenses issued under MGL c.
140, §§ 58 and 59, at any one time shall be no more
than 10.
R.
The application fee for a Class 1 and 2 dealer's license is $100.
The annual renewal fee for a Class 1 and 2 dealer's license is $100.
S.
The investigation of violations under this section shall be delegated to the Police Department and to the Building Inspector, each of which may enter licensed premises at reasonable times to inspect and investigate the conditions in order to ensure compliance with Subsection B.
T.
The provisions of all of the above subsections, save those of Subsection Q, shall apply to all Class 3 dealer's licensees. The total number of Class 3 dealer's licenses issued under MGL c. 140, §§ 58 and 59, at any one time shall be no more than two. The application fee for Class 3 licenses shall be $100. The annual renewal fee shall be $100.
U.
If any individual provision of this bylaw is determined to be unconstitutional
or otherwise unlawful, the remaining provisions will remain in full
force and effect.
[Adopted 11-18-2013 STM
by Art. 9]
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:
|
License
|
Issuing Authority
| |
|
Hawking and Peddling or other Door-to- Door Salespeople
|
Police Department
| |
|
Manager of Alcoholic Beverage License
|
Board of Selectmen
| |
|
Owner or Operator of Public Conveyance
|
Police Department
| |
|
Dealer of Junk and Second-Hand Articles
|
Police Department
| |
|
Pawn Dealers
|
Police Department
| |
|
Hackney Drivers
|
Police Department
| |
|
Ice Cream Truck Vendors
|
Board of Health
|
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.
D.
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.
E.
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.
F.
Municipal
officials should not deny an applicant a 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.
G.
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 above. 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.
H.
The Board
of Selectmen 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.
A.
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.
B.
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, 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 Accountant 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 into 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.
