[HISTORY: Adopted by the Town Meeting of the Town of Plymouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-3-1993 ATM by Art. 14 (Ch. 109 of the 1999 Code)]
[Amended 4-12-1995 ATM by Art. 33; 4-3-2017 ATM by Art. 26]
Any Town board, officer or department may deny any application for, or revoke or suspend, a building permit, or any local license or permit, including renewals and transfers, issued by any such board, officer or department for any person, corporation or business enterprise who or which has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or other 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 following procedure.
[Amended 4-3-2017 ATM by Art. 26]
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 Town 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 any abatement of such tax or a pending petition before the Appellate Tax Board.
[Amended 4-12-1995 ATM by Art. 33; 4-3-2017 ATM by Art. 26]
A. 
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.
B. 
The Tax Collector or his/her designee 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 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.
C. 
Any license or permit denied, suspended or revoked under this article shall not be reissued or renewed until the licensing authority receives a certificate issued by the Tax Collector or his/her designee that the party is in good standing with respect to any and all taxes, fees, assessments, betterments or other municipal charges payable to the municipality as of 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 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 shall be given notice and a hearing as required by applicable provisions of law.
The Select Board 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 or her immediate family, as defined in MGL c. 268A, § 1, in the business or activity conducted in or on said property.
This article 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 and associations dispensing food or beverage licenses (MGL c. 140, § 21E); dog licenses (MGL c. 140, § 137); fishing, hunting and trapping licenses (MGL c. 131, § 12); marriage licenses (MGL c. 207, § 28); and theatrical events and public exhibition permits (MGL c. 140, § 181).
[Adopted as Ch. 72 of the 1999 Code]
To enhance public safety, this bylaw 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 bylaw, 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 bylaw.
As used in this article, the following terms shall have the meanings indicated:
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 States Department of Justice.
LICENSE
A license or permit issued by the Town of Plymouth, or any board, officer or department thereof, which is identified in § 196-10A of this bylaw.
LICENSING AUTHORITY
A board, officer or department of the Town of Plymouth authorized by the General Laws of Massachusetts or Town bylaw to issue a license or permit listed in § 196-10 of this bylaw.
TOWN
The Town of Plymouth, Massachusetts.
[Amended 10-21-2017 by Art. 21]
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 or other door-to-door salespeople.
(2) 
Manager of Alcoholic beverage licensed establishment.
(3) 
Dealer of secondhand articles (including junk dealers and collectors).
(4) 
Pawn dealers.
(5) 
Hackney and livery drivers.
(6) 
Ice cream truck vendors.
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 bylaw 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 bylaw.
E. 
The Town authorizes the Police Department to receive and utilize state and FBI records in connection with such criminal history checks, consistent with this bylaw 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 § 196-10A of this bylaw 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 bylaw.
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 offense, or other crime that bears upon the subject's ability or fitness to exercise such license.
[Amended 10-18-2025 ATM by Art. 10]
The fee for conducting a fingerprint-based criminal history check shall be set by the Select Board. That portion of the fee specified in MGL c. 6, § 172B 1/2 shall be deposited into the Commonwealth of Massachusetts Firearms Fingerprint Identity 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.