[HISTORY: Adopted by the Town of Lunenburg as indicated in
article histories. Amendments noted where applicable.]
[Adopted as Art. II, § 5, of the Town Bylaws]
[Amended 5-7-2022 ATM by Art. 24]
The Select Board shall have the right and power to revoke and
annul any license, whenever any of the terms and conditions of such
license may have been broken, or any infraction of the laws of the
Town or commonwealth has been committed by the licensees.
[Adopted 9-24-1991 (Art. II, § 16, of the Town Bylaws)]
[Amended 5-6-2017 ATM by Art. 29]
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, 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 or
refused to pay any local taxes, fees, assessments, betterments, or
any other municipal charges, for a period of 60 days, 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.
[Amended 5-6-2017 ATM by Art. 29]
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 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 Town as of 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 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.
[Amended 5-7-2022 ATM by Art. 24]
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.
[Amended 5-7-2022 ATM by Art. 24]
This article shall not apply to the following licenses and permits:
|
Statute
|
Contact
|
Subject Matter
|
|---|---|---|
|
MGL c. 48, § 13
|
Fire Department
|
Open burning
|
|
MGL c. 101, § 33
|
Select Board
|
Sale of article for charitable purposes
|
|
MGL c. 149, § 69
|
School Department
|
Children work permits
|
|
MGL c. 140, § 21E
|
Select Board
|
Clubs, associations dispensing food or beverage licenses
|
|
MGL c. 140, § 137
|
Animal Control
|
Dog licenses
|
|
MGL c. 207, § 28
|
Town Clerk
|
Marriage licenses
|
|
MGL c. 140, § 181
|
Select Board
|
Theatrical events, public exhibition permits
|
