[HISTORY: Adopted by the Special Town Meeting of the Town of Chelmsford 9-25-1986 by Art. 9. Amendments noted where applicable.]
In this chapter the following terms have the following meanings:
- Any and all licenses or permits issued by any Town of Chelmsford board, division, officer or department, and shall include all renewals and transfers.
- LICENSING AUTHORITY
- Any Town of Chelmsford board, division, officer or department with jurisdiction over the issuance of any license or permit.
The Town of Chelmsford board, division, officer or department with jurisdiction over the issuance of any license shall have the authority to deny any application for, or revoke or suspend, any license within its jurisdiction for any person, partnership, corporation, trust, business entity or enterprise who and/or which has neglected, refused or failed to pay any local taxes, fees, assessments, betterments or any other municipal charge.
The Treasurer-Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the "Treasurer-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, partnership, corporation, trust, business entity or 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 ninety-day 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.
[Amended 10-21-1999 ATM by Art. 31; 4-24-2017 ATM by Art. 26]
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 Treasurer-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 Treasurer-Collector; provided, however, that written notice is given to the party and the Treasurer-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 Treasurer-Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension.
[Amended 10-21-1999 ATM by Arts. 31 and 39]
Any findings made by the licensing authority with respect to such 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 Treasurer-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 shall 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 that there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of the property owner's 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 the following licenses and permits: open burning, MGL c. 48, § 13; bicycle permits, MGL c. 85, § 11A; sales of articles for charitable purposes, MGL c. 101, § 33; children work permits, MGL c. 149, § 69; clubs and associations dispensing food or beverage licenses, MGL c. 140, § 21E; dog licenses, MGL c. 140, § 137; fishing, hunting and trapping license, MGL c. 131, § 12; marriage licenses, MGL c. 207, § 28; and theatrical events and public exhibition permits, MGL c. 140, § 181.