[HISTORY: Adopted by the Town Meeting of the Town of Norton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-2018 ATM by Art. 20]
[Amended 5-8-2017 ATM by Art. 18]
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 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 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 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 MGL c. 268A, § 1,
in the business or activity conducted in or on said property.
This bylaw shall not apply to the following licenses and permits:
open burning, MGL c. 48, § 13; sales of articles for
charitable purposes, MGL c. 101, § 33; children work
permits, MGL c. 149, § 69; clubs, associations dispensing
food or beverage licenses, MGL c. 140, § 21E; dog licenses,
MGL c. 140, § 137; fishing, hunting, trapping licenses,
MGL c. 131, § 12; marriage licenses, MGL c. 207,
§ 28; and theatrical events, public exhibition permits,
MGL c. 140, § 181.
[Adopted 5-14-2018 ATM by Art. 20]
In accordance with the provisions of MGL c. 6, § 172B 1/2,
the Police Department shall fingerprint the persons listed below and
conduct state and national fingerprint-based criminal history checks
for such individuals. To carry out these criminal history checks,
the Police Department shall be authorized to utilize Federal Bureau
of Investigation records; provided, however, that such records shall
not be disseminated to unauthorized entities and shall be maintained
and disclosed in accordance with law.
The licensing authority is hereby authorized to deny an application
for any license specified herein, including renewals and transfers
thereof, for any person who is determined unfit for the license due
to information obtained pursuant to this bylaw. Factors that shall
be considered in making a determination of fitness shall include but
not be limited to whether the record subject has been convicted of,
or is under pending indictment for, a crime that bears upon the subject's
ability or fitness to serve in that capacity, including any felony
or a misdemeanor that involved force or threat of force, possession
of a controlled substance, or a sex-related offense.
All applicants for hawkers and peddlers, door-to-door sales,
pawnbrokers, solicitors, or taxi and livery licenses, and for any
license to sell alcoholic beverages, including the "responsible manager"
listed on the license application, shall be subject to the requirements
of this bylaw.
The Board of Selectmen, in consultation with the Chief of Police, shall promulgate regulations for the implementation of this bylaw, which may include, but shall not be limited to, establishment of submission deadlines; procedures for making recommendations to the licensing authority or making a licensing decision as a result of such criminal history check; procedures for accessing, correcting or amending any such record; and criteria for fitness determinations in addition to those set forth in § 84-7 of this bylaw.
The Police Department shall charge a fee of $100 for each fingerprinting
and criminal history check. A portion of the fee, as specified in
MGL c. 6, § 172B 1/2, shall be deposited into
the Firearms Fingerprint Identity Verification Trust Fund, and the
remainder of the fee shall be retained by the Police Department for
costs associated with the administration of the fingerprinting system.
