[HISTORY: Adopted by the Town of Ashland
as indicated in article histories. Amendments noted where applicable.]
[Adopted May 1993 STM]
A.
The Town Collector herein referred to as "Collector"
shall annually furnish to each department, board, or commission, 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,
betterment or other municipal charges, and that such party has not
filed in good faith a pending petition before the appellate tax board.
[Amended 11-28-2018 STM
by Art. 16]
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 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 said list furnished to the licensing authority from the
Collector; provided, however, that written notice is given to the
party and the Collector, as required by applicable provisions of law,
and the party is given a hearing, to be held no earlier than fourteen
(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 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 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 by-law shall not be reissued or renewed until
the licensing authority receives a certificate issued by the 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 town as of the date of issuance of said certificate.
[Amended 5-13-1998 ATM, Art. 39]
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 the 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 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 Section 1 of Chapter
268A, MGL. in the business or activity conducted in or on said property.
[Amended 11-20-2019 STM, Art. 13]
E.
This section shall not apply to the following licenses
and permits:
1.
Open burning, MGL. Chapter 48, Section 13.
2.
Bicycle Permits, MGL. Chapter 85, Section 11A.
3.
Sales of articles for charitable purposes, MGL. Chapter
101, Section 33.
4.
Children Work Permits, MGL. Chapter 149, Section 69.
5.
Clubs, associations dispensing food and beverages
licenses, MGL. Chapter 140, Section 21E.
6.
Dog Licenses, MGL. Chapter 140, Section 137.
7.
Fishing, Hunting, Trapping licenses, MGL. Chapter
131, Section 12.
8.
Marriage Licenses, MGL. Chapter 207, Section 28.
9.
Theatrical events, public exhibition permits, MGL.
Chapter 140, Section 181.
[Adopted 5-1-2019 ATM,
Art. 13]
A.
In order to protect the health, safety, and welfare of the inhabitants of the Town of Ashland, as authorized by Chapter 6, Section 172B 1/2, of the Massachusetts General Laws as enacted by Chapter 256 of the Acts of 2010, this chapter shall require that:
(1)
Applicants for certain Town licenses to engage in specified occupational activities within the Town as enumerated in § 178-2-2 below, must submit to fingerprinting by the Ashland Police Department;
(2)
The Ashland Police Department must conduct criminal history
record checks based on such fingerprints pursuant to Section 172B
1/2 of Chapter 6 of the Massachusetts General Laws and 28 U.S.C. § 534;
and
(3)
The Town shall consider the results of such background checks
in determining whether or not to grant a license.
B.
Under this chapter, fingerprints shall be submitted to the Identification
Unit within the Department of the Massachusetts State Police, the
Massachusetts Department of Criminal Justice Information Services
(DCJIS), or its successor, for a state criminal history records check
and to the Federal Bureau of Investigation (FBI), or its successor,
for a national criminal history records check, as may be applicable
and consistent with this chapter. The Town authorizes the licensing
authority and the Ashland Police Department to receive and utilize
these state and FBI records in connection with such background checks,
consistent with this chapter.
A.
Any applicant for a license to engage in any of the following occupational
activities within the Town shall submit, within 10 days of application,
a full set of fingerprints taken by the Ashland Police Department
for the purpose of conducting a state and national criminal history
record check to determine the suitability of the applicant for said
license:
(1)
Ice cream truck vendor, MGL c. 270, § 25.
B.
At the time of fingerprinting, the Ashland Police Department shall
notify the individual fingerprinted that the fingerprints will be
used to check the individual's state and FBI criminal history records.
A.
Upon receipt of the fingerprints and payment of the applicable fee, the Police Department shall transmit the fingerprints obtained pursuant to this chapter to the Identification Section of the Massachusetts State Police, DCJIS, and/or the FBI or their successors as may be necessary for the purpose of conducting the fingerprint-based state and national criminal history records checks of license applicants specified in § 178-2-2.
B.
The Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (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 FBI records, consistent with this
chapter. The Town authorizes the Ashland Police Department to receive
and utilize state and FBI records in connection with such background
checks, consistent with this chapter. The state and FBI criminal history
will not be disseminated to unauthorized entities.
C.
The Police Department shall provide the applicant with a copy of
the results of their fingerprint-based criminal history record check
and provide the applicant an opportunity to complete or challenge
the accuracy of the information contained therein, including in the
FBI identification record. The Police Department shall also supply
applicants with information regarding the procedures for obtaining
a change, correction, or updating of a criminal record, including
a copy of 28 CFR Part 16.34 pertaining to FBI identification records.
D.
The Police Department shall not communicate the fingerprint-based
criminal history record check to the applicable licensing authority
pursuant to the following subsection until it has complied with the
preceding subsection and otherwise complied with the Town's policy
applicable to Town licensing-related criminal history record checks.
E.
The Police Department shall communicate the results of fingerprint-based
criminal history record checks to the applicable licensing authority
within the Town. The Police Department shall indicate whether the
applicant has been convicted of, or is awaiting final adjudication
for, a crime that bears upon their suitability for a license, or any
felony or misdemeanor that involved force or threat of force, controlled
substances, or a sex-related offense.
F.
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.
A.
Licensing authorities of the Town shall utilize the results of fingerprint-based criminal history record checks for the sole purpose of determining the suitability of the applicant for the proposed occupational activity which is the subject of the license applications specified in § 178-2-2.
B.
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.
C.
The licensing authority shall not deny a license based on information
in a criminal record unless the applicant has been afforded a reasonable
time to correct or complete the record or has declined to do so.
Implementation of this chapter and the conducting of fingerprint-based
criminal record background checks by the Town shall be in accordance
with all applicable laws, regulations, and Town policies, including,
but not limited to, the Town's policy applicable to licensing-related
criminal record background checks which shall include record retention
and confidentiality requirements. The Town shall not disseminate the
results of fingerprint-based criminal background checks except as
may be provided by law, regulation, and Town policy. The Town shall
not disseminate criminal record information received from the FBI
to unauthorized persons or entities.
At the time of filing the application, each applicant shall
pay a fee of $60. 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.
A.
The provisions of this chapter are severable. If a court determines
that a word, phrase, clause, sentence, paragraph, subsection, section,
or other provision is invalid or that the application of any part
of the provision to any person or circumstance is invalid, the remaining
provisions and the application of those provisions to other persons
or circumstances are not affected by that decision.
B.
Any bylaws in conflict herewith are hereby repealed to the extent
of such conflict.