[HISTORY: Adopted by the Town Meeting of the Town of Eastham
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-4-2009 ATM by Art. 23]
In accordance with the provisions of MGL, c. 40, § 57,
as amended, the Town may deny any application for, or revoke or suspend
a building permit, or any local license or permit, including renewals
and transfers, issued by any board, officer, department for any person,
corporation or business enterprise who has neglected or refused to
pay any local taxes, fees, assessments, betterments or any other municipal
charges, including amounts assessed under the provisions of MGL c.
40, § 21D, 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 whose owner has neglected to
pay any local taxes, fees, assessments, betterments or any other municipal
charges.
[Amended 5-6-2019 ATM by Art. 16]
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, and that such party has not filed in good faith a pending
application for an abatement of such tax or pending petition before
the Appellate Tax Board.
[Amended 5-6-2019 ATM by Art. 16]
The licensing authority may deny, revoke or suspend any license
or permit which it has the authority to issue, 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 bylaw shall not be reissued or renewed until the licensing
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 that 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.
As limited by MGL c. 40, § 57, this bylaw shall not
apply to licenses and permits for the following: open burning, bicycles
permits, sales of articles for charitable purposes, children work
permits, chubs, associations dispensing food or beverage, dog licenses,
fishing, hunting, trapping licenses, marriage licenses, and theatrical
events, public exhibition permits.