Town of Millville, MA Chapter 75 Licensing

[HISTORY: Adopted by the Town Meeting of the Town of Millville as indicated in article histories. Amendments noted where applicable.]

Article I General Provisions

[Adopted 5-13-2013 ATM by Art. 18]

§ 75-1 Issuance and recording of licenses.

All licenses required by law are to be granted by the applicable licensing authority and recorded and maintained by said authority.

§ 75-2 Licenses of delinquent taxpayers.

A. Listing of delinquent taxpayers. The Treasurer/Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereafter referred to as the "Treasurer/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 enterprise, hereafter referred to as the "party," that has neglected or refused to pay 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.

[Amended 11-13-2017 STM by Art. 3]

B. Effect of delinquency. The licensing authority may deny, revoke or suspend any license or permit, including renewals or transfers, of any party whose name appears on said list furnished to the licensing authority from the Treasurer/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 Treasurer/Collector; provided, however, that written notice is given to the party and the Treasurer/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 Treasurer/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 purpose of such proceeding and shall not be relevant to or introduced in any other proceedings of 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 Treasurer/Collector that the party is in good standing with respect to any all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as of the date of issuance of said certificate.

C. Payment agreements. Any party shall be given the 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 is given notice and a hearing as required by applicable provisions of law.

D. Waiver of restriction by selectmen. The Board of Selectmen may waive such denial, suspension or revocation if it finds there is not a 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.

E. Exclusions. This section shall not apply to the following licenses or permits under Massachusetts General Law:

	Permit	Statutory Citation
	Open burning	MGL c. 48, § 13
	Charitable sales	MGL c. 101, § 33
	Sporting licenses	MGL c. 131, § 12
	Clubs/Associations	MGL c. 140, § 21E
	Dog licenses	MGL c. 140, § 137
	Theatrical/Exhibits	MGL c. 140, § 181
	Child work permits	MGL c. 149, § 69
	Marriage licenses	MGL c. 207, § 28

§ 75-3 Motor vehicle dealer's licenses.

A. In accordance with MGL c. 40, applications for Class 1, 2 or 3 motor vehicle dealer's licenses shall be on forms approved by the Registrar of Motor Vehicles. Any person filing an application for a license or amending an existing license shall file a certified plot plan of all the premises on which this license will be exercised. Such plan shall be drawn to scale, showing the North arrow as well as the actual dimensions, radii, and all angles of all the premises, and showing the specific area to be used for the car lot, display areas, and all permanent buildings. The plot plan shall also include buffer areas, signs, driveways, and all abutters to the property, and other such information as the licensing authority deems necessary to determine the merits of the application. The licensing authority shall refer the plan to the Building Inspector, who shall review it and make a report to the licensing authority, in writing, concerning compliance of the plan with the requirements of this subsection.

B. Every licensee shall provide a suitable place to conduct his/her business, which shall include a plan to provide services and storage for not less than one motor vehicle. A storage area shall be exclusive of any office space. Each licensee shall be required to provide an area of display for vehicles containing not less than 1,500 square feet.

C. The issuance of any license shall be allowed for not less than five cars and does not allow auto repairs or auto body repairs for the general public, but is restricted to repairs only on cars offered for sale by the dealer. All major repairs must be done indoors.

D. After a license is issued under this section, the licensee must obtain dealer license plates from the Registry of Motor Vehicles and shall not use repair plates for the vehicles held for sale. The licensee must obtain the above plates within 90 days of the issuance of the license and retain these plates as a condition of holding this license. All license plate numbers must be recorded in the Office of the Town Clerk upon receipt from the Registry of Motor Vehicles.

E. No person shall be licensed to buy and sell secondhand motor vehicles unless he/she has filed with his/her application a statement certifying that such business will be the applicant's principal business and that it will be conducted on the licensed premises.

F. No car for sale shall be parked within the buffer area, which shall be a minimum of five feet from a public way or sidewalk. Bumper guards shall be placed along any street line used as a display area. The licensing authority may require additional buffers that it deems necessary for the safety of each individual area.

G. No temporary office space of any kind will be allowed without proper sanitary facilities, nor will trailers on wheels or blocks be allowed.

H. Failure of a licensee to conform with any section of this bylaw or with Chapter 100, Zoning, shall be deemed to represent sufficient cause to suspend, revoke or not to reissue the license.

I. Effective upon the date of the adoption of this bylaw, all present licensees who remain in the same location and under the same ownership shall be exempt from the provisions of Subsections A, B, C and F of this section; provided, however, that all conditions in effect upon the original issuance of any license shall remain as a condition for those license holders.

J. All signs shall conform to Chapter 100, Zoning.

K. The hours of operation of any licensed business are to be restricted to between 8:00 a.m. and 9:00 p.m. No sales or promotional activities are to occur on Sundays or holidays, with the exception of President's Day.

L. The licensing authority may also restrict the hours of operation or outdoor lighting on the licensed premises, depending upon its impact upon abutters and the surrounding community.

M. The license shall be subject to any other reasonable safety precautions that are deemed necessary by the licensing authority.

N. The licensing authority may approve an application for a Class 1 and 2 dealer's license with the stipulation that all of the above regulations must be met prior to the issuance of that license.

O. The licensing authority is empowered to suspend, revoke or take any other action provided for by this section or by the General Laws of the Commonwealth, against any license issued hereunder, after a hearing, if it finds that there has been a violation of law, bylaw, rules or regulations.

P. If the licensing authority finds, after a hearing, that the licensee has violated or permitted a violation of this bylaw or any other applicable law, rule, or regulation, it may revoke, suspend, or fine the licensee.

(1) Fines shall be established as follows:

(a) First offense for each day of violation: $50.

(b) Second offense or subsequent offense for each day of violation: $100.

(2) Nothing herein shall prevent the licensing authority from imposing any of the above penalties in any combination.

Q. The total number of Class 2 dealer's licenses issued under MGL c. 140, §§ 58 and 59, at any one time shall be no more than 10.

R. The application fee for a Class 1 and 2 dealer's license is $100. The annual renewal fee for a Class 1 and 2 dealer's license is $100.

S. The investigation of violations under this section shall be delegated to the Police Department and to the Building Inspector, each of which may enter licensed premises at reasonable times to inspect and investigate the conditions in order to ensure compliance with Subsection B.

T. The provisions of all of the above subsections, save those of Subsection Q, shall apply to all Class 3 dealer's licensees. The total number of Class 3 dealer's licenses issued under MGL c. 140, §§ 58 and 59, at any one time shall be no more than two. The application fee for Class 3 licenses shall be $100. The annual renewal fee shall be $100.

U. If any individual provision of this bylaw is determined to be unconstitutional or otherwise unlawful, the remaining provisions will remain in full force and effect.

Article II Criminal History Background Checks

[Adopted 11-18-2013 STM by Art. 9]

§ 75-4 Authorization.

A. The Police Department shall, as authorized by MGL c. 6, § 172B 1/2, conduct state and federal fingerprint-based criminal history checks for individuals applying for the following licenses:

	License	Issuing Authority
	Hawking and Peddling or other Door-to- Door Salespeople	Police Department
	Manager of Alcoholic Beverage License	Board of Selectmen
	Owner or Operator of Public Conveyance	Police Department
	Dealer of Junk and Second-Hand Articles	Police Department
	Pawn Dealers	Police Department
	Hackney Drivers	Police Department
	Ice Cream Truck Vendors	Board of Health

B. At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's criminal history records. The Police Chief shall periodically check with the Executive Office of Public Safety and Security (EOPSS), which has issued an Informational Bulletin which explains the requirements for town bylaws and the procedures for obtaining criminal history information, to see if there have been any updates to be sure the Town remains in compliance.

C. Upon receipt of the fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this bylaw to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and/or the Federal Bureau of Investigation (FBI), or the successors of such agencies as may be necessary, for the purpose of conducting fingerprint-based state and national criminal records background checks of license applicants specified in this bylaw.

D. The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint-based state and national criminal record background checks, including FBI records, consistent with this bylaw. The Town authorizes the Police Department to receive and utilize state and FBI records in connection with such background checks, consistent with this bylaw. The state and FBI criminal history will not be disseminated to unauthorized entities.

E. Upon receipt of a report from the FBI or other appropriate criminal justice agency, a record subject may request and receive a copy of his/her criminal history record from the Police Department. Should the record subject seek to amend or correct his/her record, he/she must take appropriate action to correct said record, which action currently includes contacting the Massachusetts Department of Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from other jurisdictions maintained in its file. An applicant that wants to challenge the accuracy or completeness of the record shall be advised that the procedures to change, correct, or update the record are set forth in Title 28 CFR 16.34. The Police Department shall not utilize and/or transmit the results of the fingerprint-based criminal record background check to any licensing authority pursuant to this bylaw until it has taken the steps detailed in this subsection.

F. Municipal officials should not deny an applicant a license based on information in the record until the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so.

G. The Police Department shall communicate the results of fingerprint-based criminal record background checks to the appropriate governmental licensing authority within the Town as listed above. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex-related offense.

H. The Board of Selectmen is authorized to promulgate regulations for the implementation of the proposed bylaw, but in doing so it is recommended that they consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute, the FBI's requirements for access to the national database, and other applicable state laws.

§ 75-5 Use of criminal record by licensing authorities.

A. Licensing authorities of the Town shall utilize the results of fingerprint-based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this bylaw. A Town licensing authority may deny an application for a license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination.

B. The Town or any of its officers, departments, boards, committees or other licensing authorities is hereby authorized to deny any application for, including renewals and transfers thereof, any person who is determined unfit for the license, as determined by the licensing authority, due to information obtained pursuant to this bylaw.

§ 75-6 Fees.

The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be $100. The Town Accountant shall periodically consult with Town Counsel and the Department of Revenue, Division of Local Services, regarding the proper municipal accounting of those fees. A portion of the fee, as specified in MGL c. 6, § 172B 1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town to be expended by the Police Department to help offset costs associated with the administration of the fingerprinting system, subject to Town Meeting appropriation, or deposited into a revolving account if and when one is established for that purpose.

§ 75-7 When effective.

This bylaw shall take effect upon approval by the Attorney General, so long as the requirements of MGL c. 40, § 32, are satisfied.