[HISTORY: Adopted by the Board of Aldermen
(now City Council) of the City of Chicopee 11-19-2002 by Ord. No. 02-54.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licenses — See Ch. 188.
The purpose of this chapter is to control the
denials of any application for, or revocation or suspension of, any
local license or permit, including renewals and transfers, issued
by any board, officer, or department for any person, corporation or
business enterprise who has neglected or refused to pay any local
taxes, fees, assessments, betterments or any other municipal charges
or with respect to any activity, event or other matter which is the
subject of such license or permit 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.
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 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 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.
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.
A.
The said list shall be prima facie evidence for the
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.
B.
Any findings made by the licensing authority with
respect to such license denial, revocation or suspension shall be
made only for the purpose 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.
[Amended 9-1-2009]
The City Council 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 chapter shall not apply to Chapter 188 of the Code of the City of Chicopee. In addition, the following licenses and permits are exempt from this chapter:
