HOUSE DOCKET, NO. 4445        FILED ON: 7/6/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3984

The Commonwealth of Massachusetts

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PRESENTED BY:

Josh S. Cutler and David F. DeCoste

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act in the town of Hanson local licenses and permits; denial, revocation or suspension for failure to comply with conditions of approval.

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PETITION OF:

HOUSE DOCKET, NO. 4445        FILED ON: 7/6/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3984

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act in the town of Hanson local licenses and permits; denial, revocation or suspension for failure to comply with conditions of approval.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1. The Town Hanson desires to enhance enforcement in building and permitting compliance.

Section 2. The licensing authority, namely the building official, planning board, or zoning board, may deny, revoke or suspend any license or permit, including renewals and transfers, of any party with respect to any activity, event or other matter which is 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 who has been determined, by a public official or body, to have not completed or complied with conditions or approval for any other projects, provided that written notice is given to the party within 14 days of the decision to deny, revoke or suspend, and the party is given a hearing, to be held not earlier than 14 days after said notice.

Section 3. 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 Act shall not be reissued or renewed until the license authority receives a certificate issued by the permitting authority that the party complied with such conditions as the date of issuance of said certificate.

Section 4. Any party shall be given an opportunity to enter into an agreement, which agreement may include a bond, escrow or other source of guarantee, 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 pursuant to this Act.

Section 5. 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.

Section 6. This Act shall not apply to the following licenses and permits: (1) open burning, MGL c. 48, § 13; (2) Bicycle permits, MGL c. 85, § 11A; (3) sales of articles for charitable purposes, MGL c. 101, § 33; (4) children work permits, MGL c. 149, § 69; (5) clubs, associations dispensing food or beverage licenses, MGL c. 140, § 21E; (6) dog licenses, MGL c. 140, § 137; (7) fishing, hunting and trapping licenses, MGL c. 131, § 12 (8) marriage licenses, MGL c. 207, § 28; or (9) theatrical events and public exhibition permits, MGL c. 140, § 181.