[HISTORY: Adopted by the Town Council of the Town of West Springfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal charges lien — See Ch. 141, Art. I.
[Adopted as Ch. 10, § 10-100, of the Codified Ordinances]
The Tax Collector shall annually furnish to each licensing or permit-granting authority a list of any person, corporation or business enterprise that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges or obligations for 12 months or more and that such person has not filed for an abatement of tax or has a pending petition before the appellate tax board. Said list shall include the address of any parcel of land for which taxes are owed by said person, corporation or business entity.
The licensing or permit-granting authority may deny, revoke or suspend any license or permit, including renewals and transfers, of any party whose name appears on said list furnished by the Tax Collector.
The licensing or permit-granting authority may deny, revoke or suspend any license or permit, including renewals and transfers, involving a property address that appears on said list furnished by the Tax Collector.
Provided, however, that written notice is to be given to the party (licensee) and the Tax Collector, and the party (licensee) is given a hearing to be held not earlier than 14 days after said notice.
Any license or permit denied, suspended or revoked shall not be issued or renewed until the licensing or permit-granting authority receives a certificate issued by the Tax Collector that the party (licensee) or the property, as the case may be, is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the Town as the date of issuance of said certificate. The fee for said certificate shall be $25.
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 provision of law.
The License Commission 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 the property owner's immediate family, as defined in MGL c. 268A, § 1, in the business conducted in or on said property.
This article shall not apply to the following licenses and permits:
A. 
Open burning (MGL c. 48, § 13).
B. 
Bicycle permits (MGL c. 85, § 11A[1]).
[1]
Editor's Note: MGL c. 85, § 11A was repealed by L. 2008, c. 525, effective 4-15-2009.
C. 
Sales of articles for charitable purposes (MGL c. 101, § 33).
D. 
Children's work permits (MGL c. 149, § 69).
E. 
Clubs, associations dispensing food or beverage licenses (MGL c. 140, § 21E).
F. 
Dog licenses (MGL c. 140, § 137).
G. 
Fishing, hunting or trapping license (MGL c. 131, § 12).
H. 
Marriage licenses (MGL c. 207, § 28).
I. 
Theatrical events, public exhibition permits (MGL c. 140, § 181).
[Adopted as Ch. 10, § 10-205, of the Codified Ordinances]
Any business, trade or occupation that is not required to have a state or federal license to operate its business may be required to obtain an annual local license in order to operate its business in the Town of West Springfield. Licenses shall be subject to renewal annually on January 1.
Any business, trade and occupation required to obtain such local license must submit an application for a license to the West Springfield Board of License Commissioners. Said application shall contain a copy of a site plan for said business, trade or occupation sought to be licensed that has been approved by the Planning Board in accordance with its rules and regulations; provided that any business, trade or occupation actively in operation at the time this article becomes applicable to it shall not be required to obtain site plan approval for the then-existing business, trade or occupation. This exemption shall not apply to any substantial expansion or alteration of said business nor to any relocation of the same.
No license, whether new, renewal or transfer, shall be issued if the premises sought to be licensed are in violation of the zoning ordinance of the Town,[1] the general ordinances of the Town and any order or rule and regulation of any municipal department.
[1]
Editor's Note: See Ch. 300, Zoning.
The Board of License Commissioners may adopt such rules and regulations for any license issued or renewed by it as it deems appropriate.
The violation of any law, ordinance, order or rule and regulation by the holder of any license or its manager shall be sufficient cause for the modification, suspension or revocation of the license. The license holder shall be given at least 10 calendar days' notice of a hearing to be held to consider such violations. If notice of the hearing is mailed, then 13 calendar days' notice shall be required.
No license holder shall have any property interest in any license issued under the authority of this article.
Any applicant for a new license to be issued or a renewal or transfer of an existing license shall file with the application its deed to the site to be licensed or its lease or rental agreement. No license shall be issued for a period exceeding the lease or rental agreement.
The fee for the issuance of a license, renewal or transfer of a license shall be $50. No public hearing shall be required for the issuance of any license, renewal or transfer for businesses, trades or occupations listed in § 175-17.
The following businesses, trades or occupations shall be required to obtain local licenses: rental or leasing of motor vehicles and trailers (including automobiles, trucks, motorcycles, scooters, boats, household trailers, camping trailers). [NOTE: Lease/Sale agreements for new vehicles by businesses licensed under MGL c. 140, § 59(a) are exempt from the requirements of this article.]
This article shall become effective upon its adoption for all new businesses, trades or occupations or transfer of an existing business to a new location or transfer of the ownership of the business, trade or occupation subject to this article; provided, however, that businesses, trades, or occupations existing on the effective date of this article shall have 90 days to submit an application for their current location.
Any rental or leasing business licensed hereunder shall register in West Springfield not less than 50 motor vehicles it has available for lease or rental or all such vehicles owned by it, whichever is less.
If any section or portion of this article is declared invalid, that section or portion shall be stricken and the remaining portion and sections shall remain in full force and effect.