[HISTORY: Adopted by the Town Meeting of
the Town of Yarmouth as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-2-2012 ATM by Art. 28, approved 7-13-2012; amended in its entirety 5-6-2017 ATM
by Art. 32, approved 8-30-2017]
The Tax Collector or other municipal official responsible for
records of all municipal taxes, assessments, betterment, and other
municipal charges, hereinafter referred to as the "Tax Collector,"
shall make available through electronic means 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 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 hearing to be held not earlier than
14 days after said notice. Said list shall be prima face 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 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 licensing authority receives evidence of payment
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 or said certificate.
Any party shall be given the 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; 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 that there is no direct or indirect business
interest by the property owner, its officers or stockholders, if any,
or members of his or her immediate family, as defined in MGL c. 268A
in the business or activity conducted in or on said property.
This section shall not apply to the following licenses and permits
issued under the General Laws of the commonwealth:
|
License or Permit
|
Section
|
Chapter
|
|---|---|---|
|
Open burning
|
13
|
48
|
|
Bicycle permits
|
11A
|
85
|
|
Sales of articles for charitable purposes
|
33
|
101
|
|
Children's work permits
|
69
|
149
|
|
Clubs, associations dispensing food or beverage
licenses
|
21E
|
140
|
|
Dog licenses
|
137
|
140
|
|
Fishing, hunting, trapping licenses
|
12
|
131
|
|
Marriage licenses
|
28
|
207
|
|
Theatrical event, public exhibition permits
|
181
|
140
|
