[HISTORY: Adopted by the Town of Falmouth
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 83.
Junk dealers and secondhand collectors — See Ch. 136.
Peddling and soliciting — See Ch. 160.
Garage sales — See Ch. 176.
Signs — See Ch. 184.
Vending machines — See Ch. 219.
Mobile food servers — See Ch. 268.
Vehicles for hire — See Ch. 280.
Special permits and site plan reviews — See Ch. 300.
[Adopted STM 5-19-1970, Art. 7]
The Selectmen may grant, upon such terms and
conditions as they deem reasonable, a license for theatrical exhibitions,
public shows, public amusements, exhibitions of every description
to be held on weekdays and Sundays, to which admission is obtained
upon payment of money or upon the delivery of any valuable thing or
by ticket or voucher obtained for money or valuable thing, or if after
free admission, funds or contributions are solicited or collections
made.
[Adopted ATM 4-6-1987, Art. 42; amended in its entirety AFTM 11-15-1994, Art. 36]
[Amended AFTM 11-18-1996, Art. 60, approved 4-30-1997]
Any board, officer, committee or department may, in accordance with the following, deny any application for or revoke or suspend any local license or permit, including a building permit, and any renewals and transfers of the same, of any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments or any municipal charges including fines assessed under the provisions of Chapter 1, Article I, § 1-2 of the Code of Falmouth.
[Amended AFTM 11-13-2019, Art. 16, approved 2-13-2020]
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, betterment or other municipal charges for not less
than a six-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.
A.
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 in 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
fourteen (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.
B.
The Tax Collector shall have the right to intervene
in any hearing conducted with respect to such license denial, revocation
or suspension.
C.
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 proceedings 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.
D.
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 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 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 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 section shall not apply to the following
licenses and permits:
A.
Open burning (MGL C. 48, § 13).
B.
Bicycle permits.
C.
Sale of articles for charitable purposes (MGL C. 101,
§ 33).
D.
Children's work permits (MGL C. 140, § 69).
E.
Clubs, associations dispensing food or beverage licenses
(MGL C. 140, § 31E).
F.
Dog licenses (MGL C. 140, § 137).
G.
Fishing, hunting or trapping licenses (MGL C. 207,
§ 28).
H.
Theatrical events and public exhibition permits (MGL
C. 140, § 181).
I.
Home improvement and/or weatherization projects for homeowners when
the project is funded in whole or in part by grants from utility companies
or state or federal agencies.
[Added AFTM 11-12-2015, Art. 15, approved 1-26-2016]
