[HISTORY: Adopted by the Town Meeting of the Town of Middleborough as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
Any Town licensing authority may deny any application for, or revoke or suspend a building permit or any local license or permit, including renewals and transfers, issued by any board, officer, department for any person, corporation or business enterprise who or which has neglected or refused to pay any local taxes, fees, assessments, betterments or any 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.
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 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 for not less than a twelve-month period, 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 facia 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 bylaw 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 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.
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 license, 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.
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
To enhance public safety, this bylaw authorizes the Police Department to conduct state and national fingerprint-based criminal history checks for individuals applying for specific Town-issued licenses or permits, as authorized by MGL c. 6, § 172B 1/2. To carry out the criminal history checks authorized by this bylaw, the Police Department shall be authorized to use state and Federal Bureau of Investigation (FBI) records; provided, however, that such records shall not be disseminated to unauthorized entities and shall be maintained and disclosed in accordance with all applicable law.
This bylaw further authorizes the Board of Selectmen, in consultation with the Chief of Police, to promulgate regulations to implement 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 determination as a result of the criminal history check, procedures for assessing, correcting or amending any such record and establishing criteria for fitness determinations, confidentiality of information obtained and penalties for failure to comply with this bylaw.
For purposes of this bylaw, the following words shall have the meanings herein given in this section:
- CRIMINAL HISTORY CHECK
- A state and national fingerprint-based criminal history background check, as authorized by MGL c. 6, § 172B 1/2.
- The Massachusetts Department of Criminal Justice Information Services.
- The Federal Bureau of Investigation, United States Department of Justice.
- A license or permit issued by the Town of Middleborough, or any board, officer or department thereof, which is identified in § 188-10A of this bylaw.
- LICENSING AUTHORITY
- A board, officer or department of the Town of Middleborough authorized by the General Laws of Massachusetts or Town bylaw to issue a license or permit listed in §§ 188-7 and 188-8 of this bylaw.
- The Town of Middleborough, Massachusetts.
Occupational licenses. The Police Department shall, as authorized by MGL c. 6, § 172B 1/2, conduct state and federal fingerprint-based criminal history checks for individuals and entities listed on the license application, for the following occupational licenses, including renewals and transfers thereof:
Hawking, soliciting and peddling or other door-to-door salespeople.
Manager of alcoholic beverage licensed establishment.
Dealer of secondhand articles (including junk dealers and collectors).
Hackney and livery drivers and owners or operators of other conveyors of passengers.
Ice cream truck vendors.
Mobile food units.
At the time of fingerprinting, the Police Department shall notify the individual being fingerprinted that the fingerprints will be used to check the individual's criminal history records and shall obtain the individual's consent in writing prior to conducting such criminal history checks.
Following receipt of an applicant's executed consent form and payment of the applicable fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this bylaw to the Identification Section of the Massachusetts State Police, DCJIS, and/or the FBI or the legal successors of such agencies to conduct a criminal history check.
The Town authorizes the Massachusetts State Police, DCJIS and the FBI, or the legal successor of each, to conduct fingerprint-based state and national criminal history checks consistent with this bylaw for the license applicants specified in this bylaw.
The Town authorizes the Police Department to receive and utilize state and FBI records in connection with such criminal history checks, consistent with this bylaw and the Town's implementing regulations.
The Police Department shall communicate the results of fingerprint-based criminal history checks only to the authorized governmental licensing authority as necessary. State and FBI criminal histories obtained under this bylaw are confidential, shall be stored in a secure and confidential manner and shall be destroyed pursuant to DCJIS requirements.
A licensing authority is authorized hereunder to utilize the results of fingerprint-based criminal history checks exclusively for the limited purpose of determining the suitability of a license applicant in connection with an application for a license identified in this bylaw or for its renewal or transfer.
A licensing authority may, at its sole discretion, deny a license application on the basis of the results of a fingerprint-based criminal history check if it determines that the results of the check render the subject unsuitable for the proposed licensed activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination.
A licensing authority is hereby authorized to deny an application for any license specified herein, including renewals and transfers of said licenses, from any person who is determined unsuitable for the license due to information obtained pursuant to this bylaw.
Factors that shall be considered in making a determination of suitability shall include but not be limited to conviction of, or under pending indictment for, a felony or a misdemeanor that involved force or threat of force, possession of a controlled substance, a sex-related offense, or other crime that bears upon the subject's ability or fitness to exercise such license.
The fee for conducting a fingerprint-based criminal history check shall be $100 for each check. That portion of the fee specified in MGL c. 6, § 172B 1/2 shall be deposited into the Commonwealth of Massachusetts Firearms Fingerprint Identity Verification Trust Fund. The remainder of the fee is to be applied by the Town for costs associated with the administration of the fingerprinting program.