Town of Braintree, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Braintree 6-15-2010 by Ord. No. 10-012 (former Ch. 5.04 of the Town Bylaws, which derived from prior code Ch. 51, adopted ATM 5-9-1988 by Art. 15). Amendments noted where applicable.]
GENERAL REFERENCES
Board of License Commissioners — See Ch. 2.265.
Local licenses and permits — See Ch. 5.100.
Pursuant to the authority conferred upon the Town by MGL c. 40, § 57, this chapter is adopted for the regulation of application for, revocation, suspension, renewal or transfer of local licenses and permits issued by any board, officer, department or commission of the Town for any person, corporation or business enterprise which has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges, with the exceptions listed in § 5.200.020 of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).
This chapter shall not apply to the following licenses and permits:
A. 
Open burning, MGL c. 48, § 13;
B. 
Bicycle permits, MGL c. 85, § 11A;[1]
[1]
Editor's Note: MGL c. 85, § 11A, was repealed by Ch. 525 of the Acts of 2008.
C. 
Sales of articles for charitable purposes, MGL c. 101, § 33;
D. 
Children work permits, MGL c. 149, § 69;
E. 
Clubs and 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; and
I. 
Theatrical events and public exhibition permits, MGL c. 140, § 181.
The Treasurer/Collector or other municipal officials responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the Treasurer/Collector, shall annually furnish 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.
A. 
The Town, acting by and through the Board of License Commissioners or any other licensing authority, 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, or department for any person, corporation or business enterprise which has neglected or refused to pay any local taxes, fees, assessments, betterments or 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 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.
B. 
The Board of License Commissioners or any other 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 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 findings made by the Board of License Commissioners or any other licensing authority with respect to such license denial, revocation or suspension shall be made only for the purpose of such proceedings and shall not be relevant to or introduced in any proceeding at law, except for any appeal from such license denial, revocation or suspension.
C. 
Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the Board of License Commissioners or any other licensing authority receives a certificate issued by the Treasurer/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 Town as of the date of issuance of said certificate.
D. 
Any party shall be given an opportunity to enter into a payment agreement with the Treasurer/Collector, thereby allowing the Board of License Commissioners or any other 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.
E. 
The Board of License Commissioners or any other licensing authority 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/her immediate family, as defined in MGL c. 268A, § 1, in the business or activity conducted in or on said property.