§ 2-144. Failure to pay municipal taxes or charges as grounds for denial, suspension, revocation of license or permit.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

Licensing authority means the board, commission, department, officer or other city entity which issues a permit or license.

Municipal charge means any charge established, required or imposed by any board, commission, department, officer or other entity of the city for services of personnel or equipment, use of facilities, charges for utilities, goods/materials/equipment supplied or used, or other activities performed by the city, its employees or agents.

Overdue obligation means any local tax, assessment, betterment, fee or municipal charge which remains unpaid unless such tax, etc., is the subject of a pending application for abatement or of a pending appeal before the appellate tax board.

(b)

Any licensing authority of the city may deny, suspend or revoke any license or permit issued by said licensing authority, including any transfers of said license or permit, with the exception of those licenses and permits set out in paragraph (g), intra, if the applicant or holder thereof has any outstanding overdue obligation, or with respect to any 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 any outstanding overdue obligation.

(c)

The city treasurer and collector shall annually, and may periodically, for all municipal commitments which are under his/her control, issue a list of all persons, corporations, or business entities which have an overdue obligation to the city. Any other official of the city having control of records of municipal charges not committed to the city treasurer and collector shall annually, and may periodically, issue a similar list of overdue obligations, Such lists shall be supplied to all licensing authorities within the city.

(d)

A licensing authority may deny, revoke or suspend any license or permit held by any person, corporation, or business entity appearing on any list of overdue obligations. Prior to taking such action, the licensing authority shall give written notice, as required by the applicable provisions of law, to the party responsible for the overdue obligation and to the tax collector of the intended action and shall give such party a hearing on the proposed action, such hearing to be held not earlier than 14 days after such notice. The list of overdue obligations shall be prima facie evidence for denial, revocation or suspension of the license or permit. Any findings made by the licensing authority in connection with a denial, revocation or suspension shall not be relevant to or introduced in any proceeding at law except for an appeal from such denial, revocation or suspension. The city treasurer and collector may intervene in any hearing held hereunder.

(e)

Any license or permit which is denied, revoked or suspended under this section shall not be issued, reissued, renewed or reinstated until the licensing authority receives a certificate from the city collector stating that the applicant for or holder of such license or permit is in good standing with respect to any and all local taxes, fees, assessments, or other municipal charges payable to the city as of the date of issuance of such certificate.

(f)

The licensing authority shall give any applicant for or holder of a license or permit who has an overdue obligation the opportunity to enter into a payment agreement for satisfaction of such overdue obligation. Upon execution of any such agreement, the licensing authority shall issue a certificate, to be displayed with the license, indicating that such license or permit is conditioned upon satisfactory compliance with the payment agreement.

Failure to comply with the payment agreement shall be grounds for the suspension or revocation of the license or permit following notice and hearing as required by the applicable provisions of law.

(g)

The following licenses and permits shall not be subject to the provisions of this section (all references are to the Massachusetts General Laws): Chapter 48, Section 13 (open air burning), Chapter 85, Section 11A (bicycle permits); Chapter 101, Section 33 (safes for charitable purposes); Chapter 140, Section 21E (clubs dispensing food or beverages); Chapter 140, Section 137 (dog licenses); Chapter 131, Section 12 fishing/hunting/trapping license); Chapter 207, Section 28 (marriage license); Chapter 140, Section 181 (public exhibition/theatrical permits). Also exempted are parade permits issued under section 17-7 of this Code.

(Ord. No. 1660 , 12-15-16)