[HISTORY: Adopted by the Town Meeting of the Town of Wrentham
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 4.40, Sec. 2, of the 2013 Bylaws]
[Amended 6-7-2017 ATM
by Art. 20]
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 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 pending petition before
the appellate tax board.
[Amended 4-24-1995]
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
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 said 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.
A.
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.
B.
Any license
or permit denied, suspended or revoked under this bylaw shall not
be 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.
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 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.
[Amended 11-21-2022 STM by Art. 2]
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 § 1 of Chapter 268,[1] in the business or activity conducted in or on said property.
[1]
Editor's Note: See MGL c. 268A, § 1.
[Adopted as Art. 5.10, Sec. 11, of the 2013 Bylaws]
[Amended 6-8-2015 ATM
by Art. 35]
A.
The Wrentham 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:
B.
At the time of fingerprinting, the 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.
C.
Upon receipt of the fingerprints and the appropriate fee, the 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.
D.
The Town of Wrentham (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 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 state and FBI criminal
history will not be disseminated to unauthorized entities.
E.
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 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 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. 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.
F.
The 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 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.
G.
The Select Board is authorized to promulgate regulations for the
implementation of this, but in doing so it is recommended that they
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.
[Amended 11-21-2022 STM by Art. 2]
A.
Licensing authorities of the Town 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 or any of its officers, departments, boards, committees
or other licensing authorities is hereby authorized to deny any application,
including renewals and transfers thereof, for any person who is determined
unfit for the license, as determined by the licensing authority, due
to information obtained pursuant to this bylaw.
