[HISTORY: Adopted by the Town Meeting of the Town of Groveland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-3-2018 STM
(Ch. 7, Art. I, § 7-8, of the General Bylaws)]
A.
The Police Department, as authorized by this bylaw and the MGL c.
6, § 172B 1/2, shall conduct state and federal fingerprint-based
criminal history checks for individuals applying for the following
licenses:
[Amended 4-24-2023 ATM by Art.
16]
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 and obtain the individual's
consent. The Police Chief shall periodically check with the Executive
Office of Public Safety and Security (EOPSS) to ensure the Town remains
in compliance with guidance issued by that office.
C.
Upon receipt of the fingerprints and payment of the applicable 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.
The Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information System (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 criminal history will not be disseminated to
unauthorized entities.
The Police Department shall confidentially communicate the results
of fingerprint-based criminal record background checks to the appropriate
governmental licensing authority within the Town.
[Amended 4-24-2023 ATM by Art.
16]
The Board of Selectmen is authorized to promulgate regulations
for the implementation of this bylaw.
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 based on 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.
Licensing authorities of the Town are hereby authorized to deny an
application for any license specified herein and in the implementing
regulations, including renewals and transfers of said licenses, from
any person who is determined unfit for the license due to information
obtained pursuant to this bylaw. Factors that shall be considered
in making a determination of fitness shall include, but not be limited
to, whether the record subject has been convicted of, or is under
pending indictment for, a crime that bears upon the subject's ability
or fitness to serve in that capacity, including any felony or a misdemeanor
that involved force or threat of force, possession of a controlled
substance or sex-related offense.
The fee charged by the Police Department for conducting fingerprint-based
criminal record background checks shall be $100. 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.
[Adopted as Ch. 7, Art. II, of the General Bylaw]
[Amended 4-24-2023 ATM by Art.
16]
The Tax Collector or other Town official responsible for records
of all Town taxes, assessments, betterments and other Town 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 Town taxes,
fees, assessments, betterments or other Town 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.
[Amended 4-24-2023 ATM by Art.
16]
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 by 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 section 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 Town taxes, fees, assessments, betterments or other
Town charges, payable to the Town 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 shall be given notice and a hearing
as required by applicable provisions of law.
[Amended 4-24-2023 ATM by Art.
16]
The Board of Selectmen may waive such denial, suspension or
revocation if it finds that 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.
[Amended 4-24-2023 ATM by Art.
16]
This bylaw 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 license, MGL c. 131, § 12; marriage
licenses, MGL c. 207, § 28; and theatrical events, public
exhibition permits, MGL c. 140, § 181.
