[Adopted as Ch. 16 of the 1996 By-laws; amended 11-18-2013 STM by Art. 16]
This By-law is adopted pursuant to the provisions of G.L. c.40,
§ 57.
[Amended 5-15-2017 ATM
by Art. 34]
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, 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
for not less than a three-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 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 purposes of such proceedings 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.
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.
The Board of Selectmen 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 section one of chapter 268A
in the business or activity conducted in or on said property.
This section shall not apply to the following licenses and permits: open burning; Section 13 of Chapter 48; bicycle permits; Section 11A of Chapter
85; sales of articles for charitable purposes, Section 33 of Chapter 101; children work permits, Section 69 of Chapter 149; clubs, associations dispensing food or beverage licenses, Section 21E of Chapter 140; dog licenses, Section 137 of Chapter 140; fishing, hunting, trapping license, Section 12 of Chapter 131; marriage licenses, Section 28 of Chapter 207 and theatrical events, public exhibition permits, Section 181 of Chapter 140.