[HISTORY: Adopted by the Town Meeting of the Town of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-2017 ATM by Art. 37 (Art. I, Sec. 5, of the
Bylaws)]
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 every 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 a 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 license or permit denied, suspended or revoked
under this section shall not be issued 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 municipality 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 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.
[Amended 5-10-2021 ATM by Art. 44]
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 MGL c. 268A, § 1, in
the business or activity conducted in or on said property.
This bylaw shall not apply to the following licenses and permits:
open burning (MGL c. 48, § 13); sales of articles for charitable
purposes (MGL c. 101, § 33); children work permits (MGL
c. 149, § 69); clubs, associations dispensing food or beverage
licenses (MGL c. 140, § 21E); dog licenses (MGL c. 140,
§ 137); fishing, hunting, trapping licenses (MGL c. 131,
§ 12); marriage licenses (MGL c. 207, § 28); and
theatrical events, public exhibition permits (MGL c. 140, § 181).
