Licenses & Permits of Delinquent Taxpayers
The Tax Collector or other Town Official responsible for records of all town taxes, assessments, betterments, and other town 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 Town 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.
License or Permit Denial, Revocation, or Suspension
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 any 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 fourteen (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 Licensing 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 Town charges, payable to the Town at 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 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 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 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 owner's 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 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, associations dispensing food or beverages 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.
Amended Special Town Meeting November 21, 2016 / Effective February 18, 2017
Amended Special Town Meeting November 15, 2017 / Effective February 28, 2018