[Amended 10-20-1997 STM,
approved by Attorney General 2-10-1998; 11-7-2017 STM by Art. 10, approved
by Attorney General 2-26-2018]
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 or 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, and that such party has not filed in
good faith a pending application for an abatement of such tax or pending
petition before the appellate tax board.
[Amended 10-17-1994 STM,
approved by Attorney General 12-6-1994; amended 10-20-1997 STM, approved
by Attorney General 2-10-1998]
The licensing authority may deny, revoke or suspend a building
permit, or 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 denied, suspended or revoked under this bylaw 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 of the
date of issuance of said certificate.
Any party shall be given an opportunity to enter in 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 shall be given notice and a hearing
as required by applicable provisions of law.
The Licensing Authority may waive such denial, suspension or revocation if it finds there is not direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his/her immediate family, as defined in MGL c. 268, §
1, in the business or activity conducted in or on said property.
[Amended 4-7-1986, approved
by Attorney General 5-16-1986]
This section shall not apply to the following licenses or permits:
open burning; bicycle permits; sale of articles for charitable purposes;
children work permits; club and associations dispensing food or beverage
licenses; dog licenses; fishing, hunting and trapping licenses; marriage
licenses; and theatrical event and public exhibition permits.