[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:
A.
Open burning, MGL c. 48, § 13.
B.
Sales of articles for charitable purposes, MGL c. 101, § 33.
C.
Children work permits, MGL c. 149, § 69.
D.
Clubs, associations dispensing food or beverage license, MGL c. 140,
§ 21E.
E.
Dog licenses, MGL c. 140, § 137.
F.
Fishing, hunting, trapping licenses, MGL c. 131, § 12.
G.
Marriage licenses, MGL c. 207, § 28.
H.
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:
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.
The Town of Middleborough, Massachusetts.
A.
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:
(1)
Hawking,
soliciting and peddling or other door-to-door salespeople.
(2)
Manager
of alcoholic beverage licensed establishment.
(3)
Dealer
of secondhand articles (including junk dealers and collectors).
(4)
Pawn
dealers.
(5)
Hackney
and livery drivers and owners or operators of other conveyors of passengers.
(6)
Ice
cream truck vendors.
(7)
Mobile
food units.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
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.
B.
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.
C.
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.
D.
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.
