[HISTORY: Adopted as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-26-1990 STM, Art. 13 (Ch. XXI of the Town Bylaws); amended 4-9-2002 STM, Art. 3]
The Town of Hopedale 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, assessments,
betterments or any other municipal charges.
[Amended 5-23-2017 ATM by Art. 27]
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 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.
A. Said list shall be prima facie evidence for denial, revocation or
suspension of said license or permit to any party.
B. The Tax Collector shall have the right to intervene in any hearing
conducted with respect to such license denial, revocation or suspension.
C. 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.
D. 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 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.
[Amended 5-22-2021 ATM by Art. 1]
The Select Board 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. 268A, § 1, in
the business or activity conducted in or on said property.
This bylaw shall not apply to the following licenses and permits:
A. Open burning, MGL c. 48, § 13.
B. Bicycle permits, MGL c. 85, § 11A.
C. Sales of articles for charitable purposes, MGL c. 101, § 33.
D. Children work permits, MGL c. 149, § 69.
E. Clubs, associations dispensing food or beverage licenses, MGL c.
140, § 21E.
F. Dog licenses, MGL c. 140, § 137.
G. Fishing, hunting and trapping licenses, MGL c. 131, § 12.
H. Marriage licenses, MGL c. 207, § 28.
I. Theatrical events and public exhibition permits, MGL c. 140, § 181.
[Adopted 11-6-2007 STM,
Art. 6]
The annual fee for a license to keep and operate an automatic
amusement device, as defined by and pursuant to MGL c. 140, § 177A,
shall be $100.
The annual fee for a license, pursuant to MGL c. 140, § 183A,
to own, manage, or control any concert, dance, exhibition, cabaret
or public show of any description to be conducted on premises licensed
as an inn, common victualler, tavern, club, restaurant or other establishment
required to be licensed under MGL c. 138, § 12, or MGL c.
140, § 2, § 21A or § 21E, shall be $100.