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| 2 | 2 | | FILED ON: 3/7/2024 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4467 |
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| 4 | 4 | | Substituted, on motion of Mr. Walsh of Peabody, for a bill with the same title (House No. 3984). |
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| 5 | 5 | | March 7, 2024. |
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| 6 | 6 | | The Commonwealth of Massachusetts |
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| 7 | 7 | | _______________ |
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| 8 | 8 | | In the One Hundred and Ninety-Third General Court |
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| 9 | 9 | | (2023-2024) |
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| 10 | 10 | | _______________ |
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| 11 | 11 | | An Act in the town of Hanson local licenses and permits; denial, revocation or suspension for |
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| 12 | 12 | | failure to comply with conditions of approval. |
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| 13 | 13 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 14 | 14 | | of the same, as follows: |
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| 15 | 15 | | 1 SECTION 1. The inspector of buildings or building commissioner, as defined in section 3 |
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| 16 | 16 | | 2of chapter 143 of the General Laws, of the town of Hanson, or their designee, the planning board |
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| 17 | 17 | | 3of the town of Hanson, or the zoning board of the town of Hanson, each hereinafter the licensing |
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| 18 | 18 | | 4authority, may deny, revoke or suspend any license or permit, including renewals and transfers, |
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| 19 | 19 | | 5of any applicant for any license or permit, hereinafter an applicant, or any licensee or permit |
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| 20 | 20 | | 6holder, who has been determined by any public official or body entitled to set or enforce orders |
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| 21 | 21 | | 7of conditions for properties located within the town, hereinafter the conditioning authority, to |
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| 22 | 22 | | 8have not completed or complied with conditions of approvals for any other projects licensed or |
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| 23 | 23 | | 9permitted by the town. The licensing authority shall provide written notice to the applicant or |
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| 24 | 24 | | 10licensee or permit holder, within 14 days of the decision to deny, revoke or suspend, and shall |
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| 25 | 25 | | 11grant the applicant or licensee or permit holder a hearing, to be held not earlier than 14 days after |
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| 26 | 26 | | 12said notice. 2 of 3 |
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| 27 | 27 | | 13 SECTION 2. Any findings made by the licensing authority with respect to such license or |
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| 28 | 28 | | 14permit denial, revocation or suspension under this act shall be made only for the purpose of such |
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| 29 | 29 | | 15proceeding and shall not be relevant to or introduced in any other proceeding at law, except for |
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| 30 | 30 | | 16any appeal from such denial, revocation or suspension. Any license or permit denied, suspended |
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| 31 | 31 | | 17or revoked under this act shall not be reissued or renewed until the licensing authority receives a |
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| 32 | 32 | | 18certificate issued by the conditioning authority that the applicant or licensee or permit holder |
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| 33 | 33 | | 19complied with such conditions as of the date of issuance of said certificate. |
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| 34 | 34 | | 20 SECTION 3. Any applicant or licensee or permit holder may enter into an agreement for |
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| 35 | 35 | | 21a limitation to a license or permit, which may include a bond, escrow or other source of |
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| 36 | 36 | | 22guarantee, thereby allowing the licensing authority to issue a certificate indicating said |
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| 37 | 37 | | 23limitations to the license or permit, and the validity of said license or permit shall be conditioned |
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| 38 | 38 | | 24upon the satisfactory compliance with said agreement. Failure to comply with said agreement |
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| 39 | 39 | | 25shall be grounds for the suspension or revocation of said license or permit; provided, however, |
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| 40 | 40 | | 26that the applicant or licensee or permit holder be given notice and a hearing as required pursuant |
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| 41 | 41 | | 27to this act. |
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| 42 | 42 | | 28 SECTION 4. The board of selectmen may waive such denial, suspension or revocation if |
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| 43 | 43 | | 29it finds there is no direct or indirect business interest by the property owner, its officers or |
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| 44 | 44 | | 30stockholders, if any, or members of their immediate family, as defined in section 1 of chapter |
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| 45 | 45 | | 31268A of the General Laws, in the business or activity conducted in or on said property that is the |
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| 46 | 46 | | 32subject of the license or permit. |
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| 47 | 47 | | 33 SECTION 5. This act shall not apply to the following licenses and permits: (i) open |
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| 48 | 48 | | 34burning pursuant to section 13 of chapter 48 of the General Laws; (ii) bicycle permits pursuant to 3 of 3 |
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| 49 | 49 | | 35section 11B of chapter 85 of the General Laws; (iii) sales of articles for charitable purposes |
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| 50 | 50 | | 36pursuant to section 33 of chapter 101 of the General Laws; (iv) children work permits pursuant to |
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| 51 | 51 | | 37section 69 of chapter 149 of the General Laws; (v) clubs, associations dispensing food or |
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| 52 | 52 | | 38beverage licenses pursuant to section 21E of chapter 140 of the General Laws; (vi) dog licenses |
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| 53 | 53 | | 39pursuant to section 137 of said chapter 140 of the General Laws; (vii) fishing, hunting and |
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| 54 | 54 | | 40trapping licenses pursuant to section 12 of chapter 131 of the General Laws; (viii) marriage |
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| 55 | 55 | | 41licenses pursuant to section 28 of chapter 207 of the General Laws; or (ix) theatrical events and |
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| 56 | 56 | | 42public exhibition permits pursuant to section 181 of said chapter 140 of the General Laws. |
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