[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,[1] in the business or activity conducted in or on said property.
[1]
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;[1] 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.
[1]
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:
A.Â
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.