[HISTORY: Adopted by the City Council of the City of Gardner
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-7-1994 by Ord. No. 1156]
[Amended 11-18-2013 by Ord. No. 1563]
Any board, officer, or department shall deny any application
for or revoke or suspend a building permit or any local license or
permit, including renewals and transfers, for any person, corporation,
or business enterprise who or which 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.
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 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.
[Amended 10-6-2008 by Ord. No. 1478; 11-18-2013 by Ord. No. 1563]
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 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 to
the Tax Collector, as required by applicable provisions of law, and
the party is given a hearing to be held by the licensing authority
not earlier than 14 days after said notice. The licensing authority
shall render a decision within 14 days of said hearing. 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 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 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 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.
[Amended 1-4-2010 by Ord. No. 1506]
The Mayor may waive such denial, suspension or revocation if
he/she 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.
[Amended 2-18-1997 by Ord. No. 1235; 1-4-2010 by Ord. No. 1506; 11-18-2013 by Ord. No. 1563]
The provisions of this article shall not apply to the following
licenses and permits:
A.
Open burning, MGL c. 48, § 13;
B.
Sale of articles for charitable purposes, MGL c. 101, § 33;
C.
Children work permits, MGL c. 149, § 69;
D.
Clubs and associations dispensing food or beverage licenses, MGL
c. 140, § 21E;
E.
Dog licenses, MGL c. 140, § 137;
F.
Fishing, hunting and trapping licenses, MGL c. 131, § 12;
G.
Marriage licenses, MGL c. 207, § 28; and
H.
Theatrical events and public exhibition permits, MGL c. 140, § 181.
