[HISTORY: Adopted by the Annual Town Meeting of the Town of Townsend
5-6-2003 by Art. 29. Amendments noted where applicable.]
GENERAL REFERENCES
Tax Collector — See Ch. 119.
This bylaw is adopted pursuant to the provisions of MGL c. 40, § 57,
as amended.
A.
Any Town board, officer or department with licensing
or permit-granting authority may deny any application for, or revoke or suspend
a building permit, or any local license or permit, including renewals and
transfers for any person, corporation or business enterprise who has neglected
or refused to pay local taxes, fees, assessments, betterments, or any other
municipal charges, including amounts assessed under the provisions of MGL
c. 40, § 21D (noncriminal prosecutions) 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 whose owner has neglected or refused
to pay any local taxes, fees, assessments, betterments or any other municipal
charges not specifically excluded below.
B.
The Tax Collector shall annually furnish to each department,
board or commission which issues licenses or permits (hereinafter referred
to as the licensing authority), 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.
C.
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 of the date of issuance of said certificate.
D.
Any party shall be given an opportunity to enter into
a payment agreement, thereby allowing the licensing authority to issue a certificate
indicating the limitations to the license or permit, and the validity of said
license shall be conditioned upon satisfactory compliance with said agreement.
Failure to comply with said agreement shall be grounds for 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.
E.
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/her 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 or permits: open
burning (MGL c. 48, § 13); bicycling permits (MGL c. 85, § 11A);
sales of articles for charitable purposes (MGL c. 101, § 33); children
work permits (MGL c. 149, § 69); clubs, associations dispensing
food or beverages licenses (MGL c. 140, § 21E); dog licenses (MGL
c. 140, § 137); fishing, hunting, trapping license (MGL c. 131,
§ 12); marriage licenses (MGL c. 207, § 28); theatrical
events, public exhibition permits (MGL c. 140, § 181); transfer
station permits; yard sale permits.
