[HISTORY: Adopted by the Town Meeting of the Town of Ayer
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-2020 ATM by Art. 32]
In accordance with MGL c. 40, § 57, the Town of Ayer
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, department 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, § 22D, Vehicles parked in violation of law, 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.
The Treasurer/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 the 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 the 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 article 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.
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 Select 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 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:
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 licenses (MGL c. 131,
§ 12); marriage licenses (MGL c. 207, § 28); and
theatrical events, public exhibition permits (MGL c. 140, § 181).
[Adopted 6-15-2020 ATM by Art. 32]
A.
In order
to protect the health, safety, and welfare of the inhabitants of the
Town of Ayer, and as authorized by MGL c. 6, § 172B 1/2,
this bylaw shall require:
(1)
Applicants for a license listed in § 185-8 below to submit to fingerprinting by the Ayer Police Department;
(2)
The
Police Department to arrange for the conduct of fingerprint-based
criminal record background checks; and
(3)
The
Town to consider the results of such background checks in determining
whether to grant such a license.
B.
The Town
authorizes the Massachusetts State Police, the Massachusetts Department
of Criminal Justice Information Systems (DCJIS), and the Federal Bureau
of Investigation (FBI), as may be applicable, to conduct on the behalf
of the Town and its Police Department fingerprint-based state and
national criminal history records checks, including FBI records, consistent
with this bylaw. The Town authorizes the Police Department to receive
and utilize state and FBI records in connection with such background
checks, consistent with this bylaw. The Town shall not disseminate
criminal record information received from the state or FBI to unauthorized
persons or entities.
Any applicant for a license to engage in any of the following
occupational activities shall have a full set of fingerprints taken
by the Police Department for the purpose of conducting a state and
national fingerprint-based criminal history records check:
A.
The Police
Department will forward the full set of fingerprints obtained pursuant
to this bylaw either electronically or manually to the State Identification
Section of the Massachusetts State Police.
B.
The Police
Department shall provide the applicant with a copy of the results
of his or her fingerprint-based criminal background check and supply
the applicant with opportunity to complete, or challenge the accuracy
of, the information contained in it, including the state and FBI identification
record. Any applicant that wishes to challenge the accuracy or completeness
of the record shall be advised that the procedures to change, correct,
or update the record are set forth in 28 CFR 16.34 and any applicable
DCJIS policy.
C.
The Police
Department shall communicate the results of fingerprint-based criminal
history records check to the applicable Town licensing authority (the
"licensing authority"). The Police Department shall in addition render
to the licensing authority its evaluation of the applicant's suitability
for the proposed occupational activity based on the results of the
criminal records background check and any other relevant information
known to it. In rendering its evaluation, the Police Department shall
indicate whether the applicant has been convicted of, or is under
pending indictment for, a crime that bears upon his or her suitability
for the proposed occupational activity, or any felony or misdemeanor
that involved force or threat of force, controlled substances, or
a sex-related offense.
A.
The licensing
authority shall utilize the results of any fingerprint-based criminal
records background check performed pursuant to this bylaw for the
sole purpose of determining the applicant's suitability for the proposed
occupational activity. The licensing authority may deny an application
for any license specified herein, including renewals and transfers
thereof, if it determines that the results of the fingerprint-based
criminal records background check render the applicant unsuitable
for the proposed occupational activity.
B.
No application
shall be denied on the basis of information contained in a criminal
record until the applicant has been afforded a reasonable time, as
determined by the licensing authority, to correct or complete the
information, or has declined to do so.
The Police Department, subject to the approval of the Select
Board, will develop and maintain written policies and procedures for
its licensing-related criminal record background check system.
Each applicant for a license listed in § 185-8 shall pay a fee as set from time to time by the Select Board. A portion of said fee, as specified by MGL c. 6, § 172B 1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder shall be retained by the Town for costs associated with the administration of the system.
