[HISTORY: Adopted by the City Council of
the City of Marlborough as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Tax Collector — See §
67-11.
[Adopted 11-15-2004 by Ord. No. 04-100421A]
Any permit-granting authority or licensing authority
of the City 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 board, officer, department 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,
including amounts assessed under the provisions of MGL c. 40, § 21D,
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 whose owner has neglected or refused to pay any
local taxes, fees, noncriminal fines, assessments, betterments or
any other municipal charges.
[Amended 6-22-2020 by Ord. No. 20-1008009A]
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 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 an abatement of such tax or a pending petition before
the Appellate Tax Board
The licensing or permit-granting 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. 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 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 other municipal charges payable
to the municipality 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
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 licensing or permit-granting authority may
waive such denial, suspension or revocation if the license or permit
holder presents to the authority clear and convincing evidence that
they have 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, 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; bicycle
permits, MGL c. 45, § 11A; 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.