[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;
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.
