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Town of Salisbury, MA
Essex County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
[HISTORY: Adopted by the Town of Salisbury as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-27-1986 STM by Art. 10]
Notwithstanding the provisions of any Salisbury bylaw providing for local licensing of certain businesses, the Town, by its Board of Selectmen or other licensing authority, may deny an application for a license or suspend or revoke a current license, as hereinafter provided.
[Amended 5-15-2017 ATM by Art. 12]
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 petition 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; 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 finding 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 article 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 ground for the suspension or revocation of said license or permit; provided, however, that the holder is given notice and a hearing as required by applicable provisions of law.
[Amended 10-23-2006 ATM by Art. 2]
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 of stockholders, if any, or members of his immediate family, as defined in MGL c. 268A, § 1, in the business or activity conducted in or on said property.
[Amended 10-23-2006 ATM by Art. 2]
This bylaw 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 beverage licenses, MGL c. 140, § 21E; dog licenses, MGL c. 140, § 137; fishing, hunting trapping license, MGL c. 131, § 12; marriage licenses, MGL c. 270, § 28; and theatrical events, public exhibition permits, MGL c. 140, § 181.
[Added 5-15-1989 STM by Art. 12]
A. 
This bylaw shall apply to licensed business enterprises conducted by any person, association, corporation, or other entity on the land of any other person or party who has for 12 consecutive months refused or neglected to pay any local taxes, fees, assessments, betterments, or other municipal charges provided that the local licensing authority finds a direct or indirect business or family relationship between the licensee/applicant and the property owner with respect to the licensed business activity, except such relationship as may have been established exclusively under a lease executed prior to the effective date of this bylaw.
B. 
Except as otherwise expressly provided by law, any local licensing authority engaged in a licensing proceeding wherein the suitability of the premises for the licensed activity is to be determined shall accept the Tax Collector's list showing taxes on the proposed premises unpaid for the immediately preceding 12 months as evidence that the proposed premises are not suitable for the proposed licensed activity. Upon a finding by the local licensing authority that ownership of the business interests in the licensed activity has been separated from ownership of the premises for the purpose of avoiding the consequences of this bylaw, the local licensing authority may deny the application for or renewal of the license sought by the applicant.