[HISTORY: Adopted by the Town Meeting of the Town of Wenham 4-2-2016 by Art. 11 (former Ch. XXVI);
amended 4-1-2017 ATM by Art. 15.
Subsequent amendments noted where applicable.]
The Town may, as authorized under the provisions of MGL c. 40,
§ 57, and this bylaw, 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, or department
for any person, corporation or business enterprise, who 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.
A.
The Treasurer/Collector
or other municipal official responsible for records of all municipal
taxes, assessments, betterments and other municipal charges, hereinafter
referred to as the "Treasurer/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 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,
and that has not filed in good faith a pending application for an
abatement of such tax or a pending petition before the Appellate Tax
Board.
B.
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 Treasurer/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 Treasurer/Collector;
provided, however, that written notice is given to the party and to
the Treasurer/Collector, as required by the 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 Treasurer/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 section shall not be reissued
or renewed until the license authority receives a certificate issued
by the Treasurer/Collector that the party is in good standing with
respect to any and all local taxes, fees, assessments, or other municipal
charges payable to the municipality as of the date of the 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 or permit 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 be 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 that there is no direct or indirect business
interest by the property owner, its officers or stockholders, if any,
or members of their 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: open burning
(MGL c. 48, § 13); sales or articles for charitable purposes
(MGL c. 101, § 33); children's 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, or trapping (MGL c. 131, § 12); marriage
licenses (MGL c. 207, § 28); and theatrical events, public
exhibitions (MGL c. 140, § 181).