[HISTORY: Adopted by the Town Meeting of
the Town of Dalton. Amendments noted where applicable.]
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.
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 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 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 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 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.
B.
A local licensing authority may deny, revoke or suspend
any license or permit, including renewals or transfers, with respect
to any activity, event or other matter which is the subject of such
license or permit and which activity, event or other 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.
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 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 licenses or permits
for open burning (MGL c. 48, § 13); bicycles (MGL c. 85,
§ 11A); sales of articles for charitable purposes (MGL c.
101, § 33); children work permits (MGL c. 149, § 69);
clubs or 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); theatrical events
and public exhibition permits (MGL c. 140, § 181); and any
other local license or permit which the Town chooses to exclude from
this bylaw by further amendment to the bylaw.
