By the acceptance of MGL C. 40, § 57, the Town may deny any
application for or revoke or suspend any local license or permit, including
renewals and transfers, issued by any board, officer or 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.
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 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 for not less
than a twelve-month period and that 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 by 6-20-1994 STM, Art. 5]
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, 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. 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 made 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
shall be given notice and a hearing as required by applicable provisions of
law.
The Board of Selectmen 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 his immediate family,
as defined in MGL c. 268, § 1, in the business or activity conducted in or on said property.