[HISTORY: Adopted by the Town Meeting of the Town of Dudley as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-27-1995 (Art. 46 of the 1952 General Bylaws)]
As used in this article, the following terms shall have the meanings indicated:
LICENSING AUTHORITY
Each department, board, commission or division that issues licenses or permits including renewals and transfers.
PARTY
Any person, corporation or business enterprise that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges.
[Amended 6-22-2020 by Art. 11]
[Amended 6-22-2020 by Art. 11]
A. 
Any and all municipal officials responsible for records of all municipal taxes, assessments, betterments and other municipal charges shall furnish annually to the Town Treasurer/Collector a listing of any persons, corporations, or business enterprises (hereinafter referred to as "party") that have neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges.
B. 
The Town Treasurer/Collector shall compile a master list containing the name and address of any party that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges and that 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 master list shall also contain both the amount owed and a description of the local taxes, fees, assessments, betterments or other municipal charges which the party has failed or refused to pay.
C. 
The Town Treasurer/Collector shall annually, and may periodically, furnish to each licensing authority of the Town of Dudley a copy of the master list. Upon receipt of the master list, the licensing authority may, in accordance with the terms of this bylaw, deny, revoke or suspend any license or permit, including renewals and transfers of the same, of any party whose name appears on the master list. If the licensing authority determines that any activity, event or other matter which is the subject of such license or permit is to be carried out or exercised on or about real estate owned by any party who appears on said list furnished by the Town Treasurer/Collector, then the licensing authority may deny, revoke or suspend any license or permit or refuse to transfer the same.
A. 
The licensing authority shall not deny, revoke or suspend any license or permit unless it first gives written notice to the party and the Town Treasurer/Collector and unless the licensing authority holds a hearing concerning the denial, revocation or suspension. The hearing shall be held no sooner than 14 days from the date of the notice.
B. 
The notice shall be mailed to the party and shall contain the time, place and date of the hearing. The notice shall also inform the party of the purpose of the hearing and shall list any and all taxes, fees, assessments, betterments or other municipal charges applicable to the party which are contained on the master list.
C. 
If the licensing authority determines that any taxes, fees, assessments, betterments or other municipal charges contained on the master list have not been paid and that the party has not filed in good faith an application for an abatement of the amount owed, or that the party does not have a pending petition before the Appellate Tax Board, the licensing authority may deny, revoke or suspend any license or permit or refuse to transfer the same. If the licensing authority determines that any activity, event or other matter which is the subject of such license or permit is to be carried out or exercised on or about real estate owned by any party who appears on said list furnished by the Town Treasurer/Collector, then the licensing authority may deny, revoke or suspend any license or permit or refuse to transfer the same.
[Amended 11-1-1995; 6-22-2020 by Art. 11`]
D. 
At the hearing, the licensing authority shall give the party an opportunity to enter a payment agreement, as provided in § 210-4 below.
E. 
The master list provided by the Town Treasurer/Collector shall be prima facie evidence to support a denial, revocation or suspension of a license or permit to any party whose name appears on the master list.
F. 
The Town Treasurer/Collector, or his designee, shall have the right to intervene in any hearing conducted concerning the denial, revocation and suspension of any license or permit.
G. 
Any findings made by the licensing authority with respect to the denial, revocation or suspension shall be made only for the purpose of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for an appeal from such permit or license denial, revocation or suspension.
A. 
The licensing authority shall give the party an opportunity to enter into a payment agreement under such terms and conditions as are satisfactory to the licensing authority and the Town Treasurer/Collector. No payment agreement shall accept less than a 10% up-front payment of taxes or fees or both.
[Amended 10-25-2004 by Art. 40]
B. 
Upon entering into a payment agreement the licensing authority shall issue a certificate indicating any agreed upon limitations to the license or permit. The validity of any such license or permit shall be conditioned upon satisfactory compliance with the agreement.
C. 
Failure to comply with the payment agreement shall be grounds for suspension or revocation of the party's license or permit, provided that the holder shall be given notice and a hearing by the licensing authority. Notwithstanding § 210-3D, in no event shall any hearing concerning a failure to comply with a payment agreement entitle the party to an additional opportunity to enter into a new payment agreement.
[Amended 6-22-2020 by Art. 11]
Any license or permit denied, suspended or revoked pursuant to this article shall not be renewed until the licensing authority receives a certificate issued by the Town Treasurer/Collector indicating that all local taxes, fees, assessments, betterments or other municipal charges payable to the Town of Dudley have been paid as of the date of the issuance of the certificate.
The licensing authority may waive any denial, suspension or revocation of a permit or license if it finds that there is no direct or indirect business interest by the party or members of the party's immediate family, as defined in MGL c. 268A, § 1, in the business or activity conducted in or on said property.
The Board of Selectmen shall have the authority to adopt any rules and regulations it deems necessary to implement this article, including a listing of those licenses and permits not subject to this bylaw.
[Adopted 5-21-2012 by Art. 21 (Art. 48 of the 1952 General Bylaws)]
The Dudley Police Department shall, as authorized by MGL c. 6, § 172B 1/2, conduct state and federal fingerprint-based criminal history checks for individuals applying for the following licenses:
A. 
Hawking and peddling or other door-to-door salespeople (Board of Selectmen);
B. 
Manager of alcoholic beverage license (Board of Selectmen);
C. 
Owner or operator of public conveyance (Board of Selectmen);
D. 
Dealer of secondhand articles (Board of Selectmen);
E. 
Pawn dealers (Board of Selectmen);
F. 
Hackney drivers (Board of Selectmen); and
G. 
Ice cream truck vendors (Board of Health).
A. 
At the time of fingerprinting, the Dudley Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's criminal history records. The Police Chief shall periodically check with the Executive Office of Public Safety and Security (EOPSS), which has issued an informational bulletin which explains the requirements for Town bylaws and the procedures for obtaining criminal history information, to see if there have been any updates to be sure the Town remains in compliance.
B. 
Upon receipt of the fingerprints and the appropriate fee, the Dudley Police Department shall transmit the fingerprints it has obtained pursuant to this bylaw to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and/or the Federal Bureau of Investigation (FBI) or the successors of such agencies as may be necessary for the purpose of conducting fingerprint-based state and national criminal records background checks of license applicants specified in this bylaw. The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint-based state and national criminal record background checks, including of FBI records, consistent with this bylaw. The Town authorizes the Dudley Police Department to receive and utilize state and FBI records in connection with such background checks, consistent with this bylaw. The state and FBI criminal history will not be disseminated to unauthorized entities.
C. 
Upon receipt of a report from the FBI or other appropriate criminal justice agency, a record subject may request and receive a copy of his/her criminal history record from the Dudley Police Department. Should the record subject seek to amend or correct his/her record, he/she must take appropriate action to correct said record, which action currently includes contacting the Massachusetts Department of Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from other jurisdictions maintained in its file. An applicant that wants 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. The Dudley Police Department shall not utilize and/or transmit the results of the fingerprint-based criminal record background check to any licensing authority pursuant to this bylaw until it has taken the steps detailed in this subsection.
D. 
Municipal officials should not deny an applicant the license based on information in the record until the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so.
E. 
The Dudley Police Department shall communicate the results of fingerprint-based criminal record background checks to the appropriate governmental licensing authority within the Town as listed. The Dudley Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex-related offense.
F. 
The Dudley Board of Selectmen is authorized to promulgate regulations for the implementation of this bylaw, but in doing so it is recommended that it consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute, the FBI's requirements for access to the national database, and other applicable state laws.
A. 
Licensing authorities of the Town of Dudley shall utilize the results of fingerprint-based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this bylaw. A Town licensing authority may deny an application for a license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination.
B. 
The Town of Dudley or any of its officers, departments, boards, committees or other licensing authorities is hereby authorized to deny any application for, including renewals and transfers thereof, any person who is determined unfit for the license, as determined by the licensing authority, due to information obtained pursuant to this bylaw.
A. 
The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be $100. The Town Treasurer/Collector shall periodically consult with Town Counsel and the Department of Revenue, Division of Local Services, regarding the proper municipal accounting of those fees.
B. 
A portion of the fee, as specified in MGL c. 6, § 172B 1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system.