[HISTORY: Adopted by the Special Town Meeting
of the Town of Chelmsford 9-25-1986 by Art. 9. Amendments noted where applicable.]
In this chapter the following terms have the
following meanings:
Any and all licenses or permits issued by any Town of Chelmsford
board, division, officer or department, and shall include all renewals
and transfers.
Any Town of Chelmsford board, division, officer or department
with jurisdiction over the issuance of any license or permit.
A.
The Town of Chelmsford board, division, officer or
department with jurisdiction over the issuance of any license shall
have the authority to deny any application for, or revoke or suspend,
any license within its jurisdiction for any person, partnership, corporation,
trust, business entity or enterprise who and/or which has neglected,
refused or failed to pay any local taxes, fees, assessments, betterments
or any other municipal charge.
B.
The Treasurer-Collector or other municipal official
responsible for records of all municipal taxes, assessments, betterments
and other municipal charges, hereinafter referred to as 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, partnership, corporation, trust,
business entity or enterprise, hereinafter referred to as the "party,"
that has neglected or refused to pay any local taxes, fees, assessments,
betterments or other municipal charges for not less than a ninety-day
period 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 10-21-1999 ATM by Art. 31; 4-24-2017 ATM by Art. 26]
C.
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 Treasurer-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 Treasurer-Collector; provided, however, that written notice
is given to the party and the Treasurer-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 Treasurer-Collector shall have
the right to intervene in any hearing conducted with respect to such
license denial, revocation or suspension.
[Amended 10-21-1999 ATM by Arts. 31 and 39]
(1)
Any findings made by the licensing authority with
respect to such 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.
(2)
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 Treasurer-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 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.
[Amended 6-17-2021 ATM by Art. 29]
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 the property owner's immediate family, as defined in
MGL c. 268A, § 1, in the business or activity conducted
in or on said property.
This chapter shall not apply to the following
licenses and permits: open burning, MGL c. 48, § 13; bicycle
permits, MGL c. 85, § 11A; 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 license, MGL c. 131, § 12;
marriage licenses, MGL c. 207, § 28; and theatrical events
and public exhibition permits, MGL c. 140, § 181.
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{END OF CHAPTER}
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