[Formerly designated Art. XI, §§ 1, 2, 4 and
5]
[Amended 5-8-2021 ATM by Art. 11]
All licenses shall be granted and issued by the Select Board
except as otherwise provided in the General Laws and all statutes
of the Commonwealth of Massachusetts.
Except as otherwise provided by law or the bylaws, no license
shall be granted without at least seven days' public notice of the
application therefor and a license granted under these bylaws or any
additional bylaws may be revoked by the board or officer granting
the same.
The occupations requiring licenses shall be those established
by law and by these or any additional bylaws of the Town.
[Amended 5-8-2021 ATM by Art. 11]
Except as otherwise provided by law all license fees shall be
established by the Select Board.
[Added 5-5-1994 ATM,
Art. 29]
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 Tax Collector, shall annually,
and may periodically, furnish to each department, board, commission
or division, hereinafter referred to as 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.
[Amended 5-8-2017 ATM,
Art. 26]
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 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 license
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.
C.
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 be given notice and a hearing as required
by applicable provisions of law.
D.
The
Select Board 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.
[Amended 5-6-2019 ATM,
Art. 28; 5-8-2021 ATM by Art. 11]
E.
This
bylaw shall not apply to the following licenses and permits: open
burning, MGL c. 48, § 13; sale of 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, trapping licenses, MGL c. 131, § 12; marriage
licenses, MGL c. 207, § 28; and theatrical events, public
exhibition permits, MGL c. 140, § 181.
[Amended 5-6-2019 ATM,
Art. 28]
