8
Section 6. Applicant’s Certification, Acknowledgment, Release and
Indemnification, and Wage Theft Statement
I certify that I am the Applicant or that I am duly authorized to act as an agent for the Applicant.
I certify that all of the information on this application is true and accurate, and that any information
found to be false or misleading will result in the forfeiture of this license and may result in a one-year
wait before a new application can be submitted, as well as criminal prosecution.
I certify that I will make no changes to any component of the business plan described in this application
without written notification to, and the prior approval of, the City.
I acknowledge that any violation of the City’s ordinances, regulations, and conditions pertaining to this
license could subject me and anyone operating under this license to arrest, fine, and loss of this license.
I release, discharge and hold harmless, the City of Somerville, a municipal corporation of the
Commonwealth of Massachusetts, and its officers, employees, agents and servants from all actions,
causes of action, claims, demands, damages, costs, loss of services, expenses and compensation
associated with the issuance of this license.
I certify that the Applicant, to my best knowledge and belief, has filed all State tax returns and paid all
State taxes required under law.
I certify that the Applicant has not been found guilty, liable or responsible, in any judicial or
administrative proceeding, of committing or attempting to commit a violation of any of the laws set
forth in Municipal Ordinance 9-31, the “Wage Theft Ordinance”, which appears below.
Signature: Date:
Print Name:
Title (Owner, President, Agent, Etc.):
Email: Phone:
Sec. 9-31. - Wage theft.
(a) The city, by and through its officials, boards and commissions, may deny an application for any license or permit issued by it, if, during the three-year period
prior to the date of the application, the applicant admitted guilt or liability or has been found guilty, liable or responsible, in any judicial or administrative proceeding,
of committing or attempting to commit a violation of: (1) Commonwealth of Massachusetts Payment of Wages Law, General Laws Chapter 149, Section 148, and
any and all other state or federal laws regulating the payment of wages, including, but not limited to, Chapter 149, Sections 27, 27G, 27H, 52D, 148A, 148B,
150C, 152, 152A, 159C; and Chapter 151, sections 1, 1A, 1B, 15, 19 and 20 of the General Laws; and (2) The Fair Debt Collection Practices Act, 15 U.S.C.
§1692, or any other federal or state law regulating the collection of debt, as to the employees of the applicant or others who had performed work for said applicant.
— (b) Any license or permit issued by the City of Somerville, its boards or commissions, may be revoked or suspended if, during the three years prior to the
issuance of the license or permit, the licensee or permittee admitted guilt or liability or has been found guilty or liable in any judicial or administrative proceeding of
committing a violation of any of the laws set forth in subsection (a) above. — (c) Any license or permit issued by the City of Somerville, its boards or commissions,
may be revoked or suspended if the applicant, licensee or permittee is a person who was subject to a final judgment or other decision for violation of any of the
laws set forth in subsection (a) above within three years prior to the effective date of this section, and the judgment was not satisfied within the lawful period for
doing same, or the expiration of the period for filing an appeal; or if an appeal is made, the date of the final resolution of that appeal and any subsequent appeal
resulting in a final administrative or judicial affirmation of violation of any of the laws set forth in subsection (a) above. — (d) The period of non-issuance, revocation
or non-renewal shall be one year, and the licensee or permittee or the person who is the principal of a license or permit shall not again be licensed or permitted in
any other manner during such period. — (e) Within 14 calendar days from the date that the notice of refusal to issue, revocation or refusal to renew notice is
mailed to the applicant or licensee or permittee, the applicant, licensee or permittee may appeal such decision by filing a written notice of appeal setting forth the
grounds therefor. Said notice shall be sent by certified mail, return receipt requested. The hearing shall be conducted by the board, commission or individual who
made the decision not to issue, not to renew, or to revoke within 30 days of receipt of such notice of appeal. — (f) An applicant for a business certificate, license or
permit shall be provided with a copy of the ordinance from which this section derived and shall certify that he has not been found guilty, liable or responsible, in
any judicial or administrative proceeding, of committing or attempting to commit a violation of any of the laws set forth in subsection (a) above. — (g) This law shall
apply to any person or entity whose final administrative decision or adjudication or judicial judgment or conviction was entered on or after July 1, 2013, with the
exception of judgments that remain unsatisfied as set forth in subsection (c) above. — (h) Application of this section is subject to applicable state or federal laws.