[Adopted 5-6-1985 ATM, Art. 4]
No license or permit or certificate of occupancy or of completion may
be issued or renewed by any town department, board or officer unless the applicant
provides satisfactory evidence to the issuing authority of full compliance
with all town real and personal tax obligations and money due the Water and
Electric Departments or any other town department or officer which gives notice
of a debt to the Town Treasurer.
This Article shall apply, among others, to licenses to sell alcoholic
beverages, common victualler's licenses, auctioneer's licenses,
licenses for secondhand shops, building permits for new construction and additions,
sewage works installer's licenses, rubbish removal permits, permits to
operate a food service establishment, entertainment licenses, Class II (used
car) licenses, Class III (junk car) licenses, water service permits and certificates
of compliance for smoke detectors (as required by state law) prior to sale
of real estate; but shall not apply to dog licenses, permits to sell milk,
yard sales permits, oil burner permits or hunting and fishing licenses.
The Board of Selectmen may enact regulations to effectuate the purpose
of this Article, but failure to do so shall not suspend the effect of this
Article.
[Adopted 5-5-1986 ATM, Art.4]
The Collector of Taxes shall annually furnish to each department, board,
commission or division of the town, herein 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 any other municipal charge for not less than a
twelve-month period, and that such party has not filed in good faith a pending
application for an abatement of such tax or a pending application 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 as provided in §
85-4; provided, however, that written notice is given to the party and the collector of taxes, 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 purpose 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 license 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 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
be given notice and a hearing as required by applicable provisions of law.
The Board of Selectmen 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. 268, § 1, relating to conflict of interest
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, relating to permits for burning;
bicycle permits, MGL C. 85, § 11A, relating to bicycle registration;
sales of articles for charitable purposes, MGL C. 101, § 33, relating
to licenses for tag days; children in work permits, MGL C. 149, § 69,
relating to newspaper sellers; clubs, associations dispensing food or beverage
licenses, MGL C. 140, § 21E, relating to licenses to serve food
and beverages; dog licenses, MGL C. 140, § 137, relating to dog
licenses; fishing, hunting, trapping licenses as provided in MGL C. 131, § 12;
marriage licenses as provided in MGL C. 207, § 28, public exhibition
permits as provided in MGL C. 140, § 181; and theatrical events.