[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-15-1991, approved 3-22-1991; amended 4-23-1995, approved 8-29-1995; 6-7-2011, approved 9-15-2011 (Art. 69 of the 2011 General By-Laws)]
In accordance with the terms of Massachusetts General Laws, Chapter 40, Section 57, which the Town has duly adopted, the procedures for revoking or denying a license or permit due to tax delinquency are as provided below. Any changes to said Section 57 subsequent to the adoption of this By-Law are incorporated herein prospectively by reference.
[Amended 6-6-2017 ATM by Art. 20, approved 9-18-2017]
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, 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.
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 license 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 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 be given notice and a hearing as required by applicable provisions of law.
The Select Board 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 Section 1 of Chapter 268A, in the business or activity conducted in or on said property.
Editor's Note: Reference is to Ch. 268A of the Massachusetts General Laws.
This article shall not apply to the following licenses and permits: open burning, Section 13 of Chapter 48; bicycle permits, Section 11A of Chapter 85; sales of articles for charitable purposes, Section 33 of Chapter 101; children work permits, Section 69 of Chapter 149; clubs, associations dispensing food or beverage licenses, Section 21E of Chapter 140; dog licenses, Section 137 of Chapter 140; fishing, hunting, trapping license, Section 12 of Chapter 131; marriage licenses, Section 28 of Chapter 207; and theatrical events, public exhibition permits, Section 181 of Chapter 140.
Editor's Note: The references in this section are to the Massachusetts General Laws. Section 11A of Ch. 85 was repealed by St. 2008, c. 525.
[Adopted 6-4-2013, approved 9-16-2013 (Art. 60 of the 2011 General By-Laws)]
This article is promulgated in accordance with Massachusetts General Laws, Chapter 6, Section 172B1/2.
The following permits and licenses are subject to the fingerprint background check requirements of Massachusetts General Laws, Chapter 6, Section 172B1/2:
Permit to engage in Ice Cream Truck Vending, as that activity is defined and regulated by Massachusetts General Laws, Chapter 270, Section 25, and 520 Code of Massachusetts Regulations 15.00.
Every applicant for a permit or license that is listed in § 231-8 must submit a fingerprint background check fee of $60. A separate fee shall be required for initial applications and each renewal application.