[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.
A.
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.
B.
Notice; hearing; reissuance or renewal.
(1)
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.
(2)
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.
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 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.
D.
This section shall not apply to the following licenses and permits
pursuant to Massachusetts General Laws:
(1)
Open
burning: MGL c. 48, § 13.
(2)
Sales
of articles for charitable purposes: MGL c. 101, § 33.
(3)
Children
work permits: MGL c. 149, § 69.
(4)
Clubs,
associations dispensing food or beverage licenses: MGL c. 140, § 21E.
(5)
Dog
licenses: MGL c. 140, § 137.
(6)
Fishing
hunting, trapping licenses: MGL c. 131, § 12.
(7)
Marriage
licenses: MGL c. 207, § 28.
(8)
Theatrical
events, public exhibition permits: MGL c. 140, § 181.
[Added 5-10-2017 ATM by Art. 12]
A.
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.
B.
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.
C.
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.
D.
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.
