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, assessment, 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 taxes
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; 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 for
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 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 issued under the following MGL chapter
s: open burning, MGL c. 48, § 13; bicycle permits, MGL c. 85, § 11A; sales of articles for charitable purposes, MGL c. 101,
§ 33; children 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, trapping license, MGL c. 131, § 12; marriage licenses,
MGL c. 207, § 28; and theatrical events, public exhibition
permits, MGL c. 140, § 181.