Town of Lunenburg, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Lunenburg as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. II, § 5, of the Town Bylaws]
The Board of Selectmen shall have the right and power to revoke and annul any license, whenever any of the terms and conditions of such license may have been broken, or any infraction of the laws of the Town or commonwealth has been committed by the licensees.
[Adopted 9-24-1991 (Art. II, § 16, of the Town Bylaws)]
[Amended 5-6-2017 ATM by Art. 29]
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, 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 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, 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, for a period of 60 days, 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 5-6-2017 ATM by Art. 29]
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 from 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 the Tax 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 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 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 Town 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 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 be given notice and a hearing as required by applicable provisions of law.
The Board of Selectmen 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 and permits:
Statute
Subject Matter
MGL c. 48, § 13
Open burning
MGL c. 101, § 33
Sales of article for charitable purposes
MGL c. 149, § 69
Children work permits
MGL c. 140, § 21E
Clubs, associations dispensing food or beverage licenses
MGL c. 140, § 137
Dog licenses
MGL c. 131, § 12
Fishing, hunting, trapping licenses
MGL c. 207, § 28
Marriage licenses
MGL c. 140, § 181
Theatrical events, public exhibition permits