| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 4445 FILED ON: 7/6/2023 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3984 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Josh S. Cutler and David F. DeCoste |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act in the town of Hanson local licenses and permits; denial, revocation or suspension for |
|---|
| 13 | 13 | | failure to comply with conditions of approval. |
|---|
| 14 | 14 | | _______________ |
|---|
| 15 | 15 | | PETITION OF: |
|---|
| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Josh S. Cutler6th Plymouth7/6/2023David F. DeCoste5th Plymouth7/6/2023Michael D. BradySecond Plymouth and Norfolk7/7/2023 1 of 3 |
|---|
| 17 | 17 | | HOUSE DOCKET, NO. 4445 FILED ON: 7/6/2023 |
|---|
| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3984 |
|---|
| 19 | 19 | | By Representatives Cutler of Pembroke and DeCoste of Norwell, a petition (accompanied by |
|---|
| 20 | 20 | | bill, House, No. 3984) of Josh S. Cutler, David F. DeCoste and Michael D. Brady (by vote of the |
|---|
| 21 | 21 | | town) for legislation to enhance enforcement in building and permitting compliance in the town |
|---|
| 22 | 22 | | Hanson. Municipalities and Regional Government. [Local Approval Received.] |
|---|
| 23 | 23 | | The Commonwealth of Massachusetts |
|---|
| 24 | 24 | | _______________ |
|---|
| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
|---|
| 26 | 26 | | (2023-2024) |
|---|
| 27 | 27 | | _______________ |
|---|
| 28 | 28 | | An Act in the town of Hanson local licenses and permits; denial, revocation or suspension for |
|---|
| 29 | 29 | | failure to comply with conditions of approval. |
|---|
| 30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 31 | 31 | | of the same, as follows: |
|---|
| 32 | 32 | | 1 Section 1. The Town Hanson desires to enhance enforcement in building and permitting |
|---|
| 33 | 33 | | 2compliance. |
|---|
| 34 | 34 | | 3 Section 2. The licensing authority, namely the building official, planning board, or zoning |
|---|
| 35 | 35 | | 4board, may deny, revoke or suspend any license or permit, including renewals and transfers, of |
|---|
| 36 | 36 | | 5any party with respect to any activity, event or other matter which is subject of such license or |
|---|
| 37 | 37 | | 6permit and which activity, event or matter is carried out or exercised or is to be carried out or |
|---|
| 38 | 38 | | 7exercised on or about real estate owned by any party who has been determined, by a public |
|---|
| 39 | 39 | | 8official or body, to have not completed or complied with conditions or approval for any other |
|---|
| 40 | 40 | | 9projects, provided that written notice is given to the party within 14 days of the decision to deny, |
|---|
| 41 | 41 | | 10revoke or suspend, and the party is given a hearing, to be held not earlier than 14 days after said |
|---|
| 42 | 42 | | 11notice. 2 of 3 |
|---|
| 43 | 43 | | 12 Section 3. Any findings made by the licensing authority with respect to such license |
|---|
| 44 | 44 | | 13denial, revocation or suspension shall be made only for the purpose of such proceeding and shall |
|---|
| 45 | 45 | | 14not be relevant to or introduced in any other proceeding at law, except for any appeal from such |
|---|
| 46 | 46 | | 15license denial, revocation or suspension. Any license or permit denied, suspended or revoked |
|---|
| 47 | 47 | | 16under this Act shall not be reissued or renewed until the license authority receives a certificate |
|---|
| 48 | 48 | | 17issued by the permitting authority that the party complied with such conditions as the date of |
|---|
| 49 | 49 | | 18issuance of said certificate. |
|---|
| 50 | 50 | | 19 Section 4. Any party shall be given an opportunity to enter into an agreement, which |
|---|
| 51 | 51 | | 20agreement may include a bond, escrow or other source of guarantee, thereby allowing the |
|---|
| 52 | 52 | | 21licensing authority to issue a certificate indicating said limitations to the license or permit and the |
|---|
| 53 | 53 | | 22validity of said license shall be conditioned upon the satisfactory compliance with said |
|---|
| 54 | 54 | | 23agreement. Failure to comply with said agreement shall be grounds for the suspension or |
|---|
| 55 | 55 | | 24revocation of said license or permit; provided, however, that the holder be given notice and a |
|---|
| 56 | 56 | | 25hearing as required pursuant to this Act. |
|---|
| 57 | 57 | | 26 Section 5. The Board of Selectmen may waive such denial, suspension or revocation if it |
|---|
| 58 | 58 | | 27finds there is no direct or indirect business interest by the property owner, its officers or |
|---|
| 59 | 59 | | 28stockholders, if any, or members of his/her immediate family, as defined in MGL c. 268A, § 1, |
|---|
| 60 | 60 | | 29in the business or activity conducted in or on said property. |
|---|
| 61 | 61 | | 30 Section 6. This Act shall not apply to the following licenses and permits: (1) open |
|---|
| 62 | 62 | | 31burning, MGL c. 48, § 13; (2) Bicycle permits, MGL c. 85, § 11A; (3) sales of articles for |
|---|
| 63 | 63 | | 32charitable purposes, MGL c. 101, § 33; (4) children work permits, MGL c. 149, § 69; (5) clubs, |
|---|
| 64 | 64 | | 33associations dispensing food or beverage licenses, MGL c. 140, § 21E; (6) dog licenses, MGL c. 3 of 3 |
|---|
| 65 | 65 | | 34140, § 137; (7) fishing, hunting and trapping licenses, MGL c. 131, § 12 (8) marriage licenses, |
|---|
| 66 | 66 | | 35MGL c. 207, § 28; or (9) theatrical events and public exhibition permits, MGL c. 140, § 181. |
|---|