[HISTORY: Adopted by the Town Meeting of the Town of Carver as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 8, § 8.1, of the 2015 Compilation]
Every Town of Carver licensing authority (including without limitation every Town board, officer and department) may deny any application for, or revoke or suspend any local license or permit including renewals and transfers for any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges or with respect to any activity, event or other matter 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. Such denial, revocation, or suspension shall be subject to the following limitations:
A. 
The name of the person, corporation or business enterprise affected shall appear on a list furnished to the licensing authority as required in § 182-2 of this by-law.
B. 
A hearing after due notice is afforded the affected person, corporation, or business enterprise as is required in § 182-3 of this by-law.
C. 
The affected person, corporation or business enterprise has been given notice of the opportunity to enter into an agreement as provided in § 182-4 of this by-law.
[Amended 4-8-2025 ATM by Art. 18]
The Treasurer-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 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.
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 subject of such license or permit and which activity, event or matter is 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 notice 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 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 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.
Notwithstanding the foregoing, 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 MGL c. 268A, § 1, in the business or activity conducted in or on said property.
This by-law shall not apply to the following licenses and permits: open burning, MGL 48, § 13; bicycle permits, section eleven A of chapter eighty-five[1]; sales of articles for charitable purposes, section thirty-three of chapter one hundred and one 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.
[1]
Editor's Note: MGL c. 85, § 11A, was repealed in 2008.
Any license or permit denied, suspended or revoked under this article shall not be reissued or renewed until the license 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 municipal charges, payable to the Town as the date of issuance of said certificate.
[Adopted 6-29-2020 ATM by Art. 10]
To enhance public safety, this by-law authorizes the Police Department to conduct state and national fingerprint-based criminal history checks for individuals applying for specific Town-issued licenses or permits, as authorized by MGL c. 6, § 172B 1/2; provided, however, that such records shall not be disseminated to unauthorized entities and shall be maintained and disclosed in accordance with all applicable law.
The Select Board, in consultation with the Chief of Police, is authorized to promulgate regulations to implement this by-law, which regulations may include, but shall not be limited to: establishment of submission deadlines, procedures for making recommendations to the licensing authority or making a licensing determination as a result of the criminal history check, procedures for assessing, correcting or amending any such record and establishing criteria for fitness determinations, confidentiality of information obtained and penalties for failure to comply with this by-law.
CRIMINAL HISTORY CHECK
A state and national fingerprint based criminal history background check, as authorized by MGL c. 6, § 172B 1/2.
DCJIS
The Massachusetts Department of Criminal Justice Information Services.
FBI
The Federal Bureau of Investigation, United State Department of Justice.
LICENSE
A license or permit issued by the Town of Carver, or any board, officer or department thereof, which is identified in this by-law.
LICENSING AUTHORITY
A board, officer or department of the Town of Carver authorized by the General Laws of Massachusetts or Town by-law to issue a license or permit listed in this by-law.
TOWN
The Town of Carver, Massachusetts.
A. 
Occupational licenses. The Police Department shall, as authorized by MGL c. 6, § 172B 1/2, conduct state and federal fingerprint-based criminal history checks for individuals and entities for the following occupational licenses:
(1) 
Hawking and peddling, solicitor or other door-to-door salespeople;
(2) 
Hackney and livery drivers;
(3) 
Ice cream truck or other mobile food vendors;
(4) 
Managers of establishments to sell alcoholic beverages or tobacco products;
(5) 
Dealers in secondhand articles; and
(6) 
Pawn dealers.
B. 
At the time of fingerprinting, the Police Department shall notify the individual being fingerprinted that the fingerprints will be used to check the individual's criminal history records and shall obtain the individual's consent in writing prior to conducting such criminal history checks.
C. 
Following receipt of an applicant's executed consent form and payment of the applicable fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this by-law to the Identification Section of the Massachusetts State Police, DCJIS, and/or the FBI or the successors of such agencies to conduct a criminal history check.
D. 
The Town authorizes the Massachusetts State Police, DCJIS and the FBI, or the legal successor of each, to conduct fingerprint-based state and national criminal history checks consistent with this by-law.
E. 
The Town authorized the Police Department to receive and utilize state and FBI records in connection with such criminal history checks, consistent with this by-law and the Town's implementing regulations.
F. 
In accordance with applicable implementing regulations, the Police Department shall communicate the results of fingerprint-based criminal history checks to the appropriate licensing authority.
A. 
A licensing authority is authorized hereunder to utilize the results of fingerprint-based criminal history checks exclusively for the limited purpose of determining the suitability of a license applicant in connection with an application for a license identified in this by-law or for its renewal or transfer.
B. 
A licensing authority may, at its sole discretion, deny a license application on the basis of the results of a fingerprint-based criminal history check if it determines that the results of the check render the subject unsuitable for the proposed licensed activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination.
C. 
A licensing authority is hereby authorized to deny an application for any license specified herein, including renewals and transfers of said licenses, from any person who is determined to be unsuitable for the license due to information obtained pursuant to this by-law.
D. 
Factors that shall be considered in making a determination of suitability shall include conviction of, or under pending indictment for, a felony or a misdemeanor that involved force or threat of force, possession of a controlled substance, a sex-related offence, or other crime that bears upon the subject's ability of fitness to exercise such license.
The fee for conducting a fingerprint-based criminal history check shall be $100 for each check. That portion of the fee specified in MGL c. 6, § 172B 1/2, shall be deposited into the Commonwealth of Massachusetts Firearms Fingerprint Identify Verification Trust Fund. The remainder of the fee is to be applied by the Town for costs associated with the administration of the fingerprinting program.