[HISTORY: Adopted by the Town Meeting of the Town of South Hadley 1-11-2017 STM by Art. 14. Amendments noted where applicable.]
The Selectboard shall have the power to require licenses for all businesses, trades and occupations which towns may license under the provisions of the General Laws and may make such rules and regulations pertaining thereto as to it seems pertinent. The fees for such licenses shall be as prescribed by the General Laws.
The Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the "Collector," shall annually furnish 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 for such taxes or a pending petition before the Appellate Tax Board.
Notice; hearing; reissuance or renewal.
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 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 on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the Collector; provided, however, that written notice is given to the party and the 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 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 purpose of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from 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 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 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 is given notice and a hearing as required by applicable provisions of law.
This section shall not apply to the following licenses and permits pursuant to Massachusetts 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, 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.
Theatrical events, public exhibition permits: MGL c. 140, § 181.
[Added 5-10-2017 ATM by Art. 12]
The Tax Collector shall provide a delinquency list annually as of July 1 to any department issuing permits, licenses or otherwise charging a fee. The information contained within the annual delinquency list should be updated for specific properties, corporations or taxpayers upon request of any department made to the Tax Collector or the Tax Collector's office during the year.
No department shall grant or issue a permit or license to any person or entity which appears on the annual delinquency list, until such time as the permit and/or license has been allowed to be issued by a department until such time as a payment is made or agreement accepted by the Tax Collector.
The local licensing authority (South Hadley Selectboard) will not issue an alcoholic beverage license without review and approval by the Tax Collector for any applicant who has outstanding fees, taxes or otherwise has lien(s) due the Town of South Hadley. The local license authority may revoke any license if the licensee is subsequently found to be in violation of this bylaw in respect to taxes or fees outstanding to the Town of South Hadley.
All powers contained within this South Hadley general bylaw and the administration thereof must be consistent with Massachusetts General Laws and in particular MGL c. 50, § 57, Local licenses and permits; denial, revocation or suspension for failure to pay municipal taxes or charges.