[Adopted as Art. XXXII of the 2005 Bylaws]
The following words and phrases used in this bylaw shall have
the following meanings, unless a contrary intention clearly appears:
LICENSE AND PERMIT
Includes all licenses and permits, including renewals and
transfers, issued by any board, officer, department, commission or
division of the Town of Charlton, except the following licenses and
permits issued under the following provisions of the General Laws:
A.
Open burning permits, MGL c. 48, § 13;
B.
Sales of articles for charitable purposes, MGL c. 101, § 33;
C.
Children's work permits, MGL c. 149, § 69;
D.
Clubs, associations dispensing food or beverages licenses, MGL
c. 140, § 21E;
E.
Dog licenses, MGL c. 140, § 137;
F.
Fishing, hunting, trapping licenses, MGL c. 131, § 12;
G.
Marriage licenses, MGL c. 207, § 28; and
H.
Theatrical events, public exhibition permits, MGL c. 140, § 181.
LICENSING AUTHORITY
Includes all boards, officers, departments, commissions and
divisions of the Town of Charlton that issue licenses or permits.
PERSON
Includes a corporation and a business enterprise.
The Collector shall annually furnish to each licensing authority
a list of all persons who have neglected or refused to pay any local
taxes, fees, assessments, betterments or other municipal charges for
not less than a twelve-month period, and who have 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 of any person whose name appears on such a list furnished
to it by the Town 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 Town Collector; provided, however, that written notice is
given to the person and the Town Collector as required by applicable
provisions of law, and the person 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 person. 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 person 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.
Each person whose name appears upon such a list shall be given
an opportunity to enter into a payment agreement, thereby allowing
the licensing authority to issue a certificate indicating said limitations
as 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 of the Town of Charlton 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/her immediate family, as defined
in MGL c. 268A, § 1, in the business or activity conducted
in or on said property.