[Amended 4-12-1994 ATM
by Art. 32; 5-6-1997 ATM by Art.
31]
Any board, officer or department of the Town may deny any application
for or revoke or suspend a building permit or any local license or
permit not otherwise exempt under MGL c. 40, § 57, including
renewals and transfers, for or if any person, corporation or business
enterprise who has neglected or refused to pay any local taxes, fees,
assessments, betterments or any other municipal charges, including
amounts assessed under the provisions of Section 21D, 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, in accordance with the procedure under
this chapter and any other applicable law.
[Amended 5-9-2018 ATM
by Art. 22]
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 at least annually furnish to each department, board, officer,
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,
hereafter 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. A Licensing Authority may request from the
Tax Collector at any time information concerning an applicant's obligation
to pay local taxes, fees, assessments, betterments or any other municipal
charges.
Any license or permit denied, suspended or revoked under this
chapter shall not be granted, 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 the date of issuance of said certificate.
The license/permit applicant/holder shall be given the opportunity
to enter into a payment agreement with the Licensing Authority and
the Tax Collector, if he or she so desires, pertaining to the sums
owed or to be owed the Town. Said agreement may involve a payment
plan for the payment of said sums to the Town as well as any other
reasonable term and condition relating to the payment of such sums
as may be due the Town. If such an agreement is entered into, the
Licensing Authority, to the extent otherwise permitted by law, may
grant said license or permit and issue a certificate indicating said
limitations to the license or permit. The validity of said license
or permit shall be conditioned upon the satisfactory compliance with
said agreement. A failure to comply with any term or condition of
the license or permit, the payment agreement or any other legal requirement
shall be grounds for the suspension or revocation of said license
or permit, after the holder of the same has been given notice and
a hearing as required by applicable provisions of law. Nothing in
this chapter shall preclude the taking of other administrative action
concerning the license or permit, to the extent permitted by law.
[Amended 5-8-2021 ATM by Art. 6B]
The Select Board may waive the denial, suspension or revocation
provisions of this chapter 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 and likewise with the business or activity utilizing the
license or permit, its officers or stockholders, if any, or members
of his immediate family, as defined in MGL C. 268A, § 1,
in the property or building.
Nothing contained herein shall affect the licensing obligations,
duties and rights of any other Licensing Authority or the obligation
of the licensee or property owner to comply with all applicable laws,
rules and regulations.