[HISTORY: Adopted by the Town Meeting of
the Town of Wakefield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-1-1992 ATM by Art. 37 as Ch. XVII of the 1992
Bylaws]
[Amended 5-10-2018 ATM
by Art. 21]
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,"
may periodically furnish to each department, board, commission or
division, hereinafter referred to as the "licensing authority," that
issues licenses or permits, including renewals or 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 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 by 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 no
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 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 of 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 such 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.
[Amended 11-5-2018 RTM
by Art. 17]
The Town Council 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 Article shall not apply to the following
licenses or 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 and associations dispensing food or beverage
licenses, MGL c. 140, § 21E; dog licenses, MGL c. 140, § 137;
fishing, hunting and trapping license, MGL c. 131, § 12;
marriage licenses, MGL c. 207, § 28; and theatrical events
and public exhibition permits, MGL c. 140, § 181.
