[Adopted 11-22-1954 STM by Art. 5 as Ch. 1, Sec. 3 of the 1954 General Bylaws,
approved 2-25-1955]
[Amended 8-11-1955 STM by Art. 1; 10-30-1972 ATM by Art. 13, approved 10-11-1973; 10-8-1981 ATM by Art.
16, approved 3-2-1982; 6-4-2018 ATM by Art.
28, approved 9-21-2018]
When, in the Charter of the Town of North Reading
or a bylaw, anything is prohibited from being done without license
or permission from a certain authority, said authority shall have
the power to license or permit such a thing to be done unless otherwise
provided by law or bylaw. Every permit, license, or authorization
granted by the Select Board or other authority is revokable by the
granting authority with cause at any time and, unless otherwise regulated
by statute, shall expire on December 31 of each year.
[Added 10-3-1994 ATM by Art. 8, approved 12-15-1994]
A.
The Town Collector shall annually furnish to each
department, board, commission or division of the Town, 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 party, that has
neglected or refused to pay any local taxes, fees, assessments, betterments
or other municipal charge for not less than a twelve-month period,
and that such party has not filed in good faith a pending application
for an abatement or a pending petition before the Appellate Tax Board.
B.
The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or other matter is carried out or exercised or is to be carried out or exercised on or about real estate whose owner has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges and whose name appears on said list furnished to the licensing authority from the Town Collector, provided, however, that written notice is given to the party and the Town Collector, as required by Subsection F hereof, and the party is given a hearing to be held not earlier than fourteen (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 Town 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 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 section shall not be reissued or renewed until the licensing authority receives a certificate issued by the Town 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 Town as of the date of issuance of said certificate.
C.
Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the license authority to issue a certificate indicating the 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 suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by Subsection B.
D.
The Select Board may waive such denial, suspension
or revocation if it finds there is not direct or indirect business
interest by the property owner, its officers or stockholders, if any,
or members of his/her immediate family, as defined in Section 1 of
Chapter 268 of the General Laws,[1] in the business or activity conducted in or on said property.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
[1]
Editor's Note: See Chapter 268A of the General
Laws.
E.
This section shall not apply to the following licenses and permits (as referenced to the General Laws): 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, association dispensing food or beverage licenses, Section 21E of Chapter 140; dog licenses, Section 137 of Chapter 140; fishing, hunting, trapping licenses, Section 12 of Chapter 131; marriage licenses, Section 28 of Chapter 207; and theatrical events, public exhibition permits, Section 181 of Chapter 140.
