[HISTORY: Adopted by the Town Meeting of the Town of Templeton
as indicated in article histories. Amendments noted where applicable.]
[Adopted as indicated in section histories]
[Adopted 5-11-1985 (Art.
XXX of the Bylaw Compilation); amended in its entirety 6-17-2020 ATM by Art. 9]
The Select Board (Board) is hereby authorized to limit the number
of Class III licenses issued for motor vehicle junk in effect in the
Town at any one time; said number not to exceed four.
[Adopted 11-14-1985;
amended 5-19-2018 ATM by Art. 5 (Art. XXXI of the Bylaw Compilation)]
The number of Class II used car dealer licenses in effect in
the Town at any one time is not to exceed 21, with said number to
be apportioned among the Town's several precincts.
[Adopted 9-18-1986; amended
in its entirety 5-19-2018 ATM by Art. 7 (Art. XXXII of the Bylaw Compilation)]
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, 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 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 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 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 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 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 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.
[Amended 6-17-2020 ATM by Art. 9]
The Select Board (Board) 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 stockholder, 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
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; theatrical events, public exhibition
permits, MGL c. 140, § 181; bicycle permits, MGL c. 85,
§ 11A.