[HISTORY: Adopted by the Municipal Council of the City of
Taunton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-28-1986;
amended in its entirety 3-5-2013 (§ 12-1 of the 2010 Code)]
This article is enacted pursuant to, and under the authority
of, MGL c. 40, § 57, the provisions of which have been accepted
by the City of Taunton.
The purpose of this article is to set forth a mechanism by which
any licensing or permitting authority in the City of Taunton 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, or department of the City of Taunton 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.
For the purposes of this article, the term "local taxes, fees,
assessments, betterments or other municipal charges" shall be construed
to include, without limitation, police details, fire details, proceeds
from the sale of official City of Taunton waste bags, or any other
sum lawfully due to the City of Taunton.
The Treasurer/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
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 the Treasurer/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 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, betterments
or other municipal charges as of 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 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 is given notice and a hearing as
required by applicable provisions of law.
The Municipal Council 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 his immediate family, as defined in MGL c. 268A, § 1,
in the business or activity conducted in or on said property.
This article shall not apply to the following licenses and permits:
|
Type of License/Permit
|
Citation to License/Permit
|
|---|---|
|
Open burning permit
|
MGL c. 48, § 13
|
|
Sales of articles for charitable purposes
|
MGL c. 101, § 33
|
|
Child work permits
|
MGL c. 149, § 69
|
|
Licenses to clubs or associations dispensing food or beverages
|
MGL c. 140, § 21E
|
|
Dog licenses
|
MGL c. 140, § 137
|
|
Licenses for fishing, hunting and trapping
|
MGL c. 131, § 12
|
|
Marriage licenses
|
MGL c. 207, § 28
|
|
Permits for theatrical events and public exhibitions
|
MGL c. 140, § 181
|
[Adopted 6-21-2016]
Any applicant for a license to engage in any of the following
occupational activities within the City of Taunton shall submit a
full set of fingerprints taken by the Taunton Police Department within
10 days of the date of the application for said license, for the purpose
of conducting a state and national criminal record background check
to determine the suitability of the applicant for the license:
A.
Hawker and peddler.
B.
Liquor licensee.
C.
Manager or alternate manager of a liquor licensee.
D.
Solicitors and canvassers.
E.
Dealers in junk, secondhand articles and antiques.
F.
Secondhand motor vehicle dealer.
G.
Hackney carriage operator.
H.
Ice cream truck vendor.
I.
Door-to-door solicitors.
J.
Bodywork
practitioners and bodywork establishment operators.
[Added 10-4-2022]
At the time of fingerprinting, the Police Department must notify
each individual who is fingerprinted that his or her fingerprints
will be used to check the applicant's national and state criminal
history records.
The Police Department shall transmit fingerprints obtained pursuant to this article to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Information Services and the Federal Bureau of Investigation (FBI) as may be necessary for the purpose of conducting the fingerprint-based state and national criminal records background checks of license applicants specified in § 298-9 of this article. The Police Department is authorized to receive and utilize state and FBI records in connection with such background checks, consistent with this article. The state and FBI criminal history will not be disseminated to unauthorized entities.
The Police Department shall provide the applicant with a copy
of the results of his or her fingerprint-based criminal record background
check and provide the applicant the opportunity to complete or challenge
the accuracy of the information contained in said record, including
in the FBI identification record. The Police Department must also
supply the applicant with information regarding the procedures for
changing, correcting or updating a criminal record, including a copy
of 28 CFR Part 16.34, pertaining to FBI identification records.
The Police Department shall communicate the results of fingerprint-based criminal record background checks to the applicable licensing authority within the City, but only after complying with § 298-12 of this article. The Police Department shall in addition render to the licensing authority its evaluation of the applicant's suitability for the proposed occupational activity based upon the results of the criminal records background check and any other relevant information known to it. In rendering its evaluation, the Police Department shall consider all applicable laws, regulations and City policies bearing on an applicant's suitability. The Police Department shall indicate if the applicant has been convicted of, or is under pending indictment for, a crime that bears upon his or her suitability, or any felony, or any misdemeanor that involved force or the threat of force, use or possession of a controlled substance, or a sex-related offense.
Licensing authorities of the City shall utilize the results of the fingerprint-based criminal record background checks for the sole purpose of determining the suitability of the applicant for the proposed occupational activity which is the subject of the license applications specified in § 298-9, above. A City licensing authority may deny an application for a license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the applicant unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and City policies bearing on an applicant's suitability in making this determination. The licensing authority shall not deny a licensed based on information in a criminal record unless the applicant has been afforded a reasonable time to correct or complete the record or has declined to do so.
Implementation of this article and the conduct of fingerprint-based
criminal background checks by the City shall be in accordance with
all applicable laws. The Chief of Police is authorized to promulgate
regulations for the implementation of this article. The City shall
not disseminate criminal record information received to unauthorized
persons or entities.
The fee charged by the Police Department for the purpose of
conducting fingerprint-based criminal record background checks shall
be $100 per application processed. A portion of the fee, as specified
in MGL. c. 6, § 172B1/2, shall be deposited into the Firearms
Fingerprint Identify Verification Trust Fund, and the remainder of
the fee may be retained by the City for costs associated with the
administration of the fingerprinting system.
[Added 8-16-2016]
This article is promulgated in accordance with MGL c. 6, § 172B1/2
and Public Law 92-544.
