[Added 4-25-1994 ATM, approved 10-12-1994]
A. The Town Treasurer shall annually 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 twelve-month period, and that such party
has not filed in good faith a pending application for an abatement
of such taxes 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, of any party whose name
appears on said list furnished to the licensing authority from the
Town Treasurer 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 Treasurer; provided, however, that written notice is given to
the party and the Town Treasurer, 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 Town Treasurer 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 Treasurer 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.
[Amended 5-29-2013 STM,
approved 10-8-2013]
C. 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.
D. The Select Board 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 MGL c. 268A, § 1, in
the business or activity conducted in or on said property.
E. This section shall not apply to the following licenses and permits
described in the General Laws: open burning (MGL c. 48, § 13);
sales of articles for charitable purposes (MGL c. 101, § 33);
children work permits (MGL c. 149, § 69); clubs or associations
dispensing food or beverage licenses (MGL c. 140, § 21E);
dog licenses (MGL c. 140, § 137); fishing, hunting and trapping
license (MGL c. 131, § 12); marriage licenses (MGL c. 207,
§ 28); and theatrical events or public exhibition permits
(MGL c. 140, § 181.).
[Amended 5-29-2013 STM,
approved 10-8-2013]