As used in this chapter, the following terms shall have the meanings
indicated:
As used in both the singular and plural sense, includes all kind
of vocations, occupations, professions, enterprises, trades, callings and
those professions which are not specifically excluded by state statute or
case law of the State of New Jersey, establishments and all other kinds of
activities and matters, together with all devices, machines, vehicles and
appurtenances used therein, any of which are conducted for private profit
or benefit, either directly or indirectly, on any premises in the Township
of Franklin, as set forth in N.J.S.A. 40:52-1 or in acts amendatory and supplementary
thereto.
Includes individual natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, corporations or unincorporated
groups, or any officer, agent, employee, servant, factor or any kind of personal
representative of any thereof, in any capacity, acting either for himself
or for any other person under either personal appointment or pursuant to law.
Includes all land, structures, places and also the equipment and
appurtenances connected or used therewith in any business and also any personal
property which is either affixed to or is otherwise used in connection with
any such business conducted on such premises.
In addition to any rule or regulation governing the particular thing
or activity license imposed by any provision of this Code or other ordinance
of the Township of Franklin or law or laws of the State of New Jersey, every
person licensed under the provisions of this chapter shall comply with the
following regulations.
The fees imposed are revenue-producing in nature, but said fees are
used primarily toward the cost of administration and inspections of those
persons to be licensed herein to assure compliance with the laws of the State
of New Jersey and the ordinances of the Township of Franklin. It is the intent
of this chapter to ensure the fact that all businesses of whatever kind and
wherever situate in this Township shall be inspected periodically to ensure
compliance with the laws as aforesaid and that the within fees provide a reasonable
relationship to the cost of regulation and administration of the same.
The proper enforcement of the provisions of this chapter and the license
requirements as herein provided shall be within the jurisdiction of the Township
Zoning Officer.
A.
It shall be a condition to the issuance of any and all
licenses under this chapter that said business shall be used and operated
only for lawful purposes.
B.
No license shall be issued to any person who has not
complied with the laws of the State of New Jersey or the ordinances of the
Township of Franklin providing regulations respecting the safety and health
of those persons who may have occasion to use the premises, place or thing
licensed.
This chapter shall not apply to any business or occupation licensed
under those various laws of this state which prohibit licensing by municipalities.
No license or permit provided by this chapter shall be transferred from
one person to another, and no license shall cover any other place of business
or premises other than that for which it was originally issued.
A.
No person or persons shall be permitted to engage in,
carry on or conduct any business under any license or permit granted under
this chapter except that business for which a license was issued.
B.
Uses not specifically permitted or allowed in a zone
shall have Planning or Zoning Board approval and shall require the issuance
of a mercantile or other license as herein provided prior to operation.
The licensee shall permit reasonable inspection of his business and
shall permit access to the licensed premises or vehicle at all reasonable
times for the purpose of inspection for compliance with the provisions of
this chapter.
A.
Fixed location. Where the licensed activity is conducted
at a fixed location, the license shall be prominently displayed on the licensed
premises at a location near the primary entrance in such a manner that it
would be visible to the people who enter the premises.
B.
Vehicles. Each vehicle licensed under the provisions
of this chapter shall be assigned a number by the Township Clerk, which number
shall be prominently displayed upon the licensed vehicle at all times on the
dashboard to the right of the driver.
C.
Others. In all other cases, the licensee shall have the
license in his possession at all times.
No amplification system shall be permitted out of doors for any business
in the Township of Franklin, with the exception of auctioneers or auctions
conducted within the provisions of this chapter. Where any business maintains
an amplification system, such system must be at least 20 feet from any door
leading to the outside of the structure where the business is maintained.
No person licensed under this chapter shall engage in the practice commonly
known as "barking" or "ballyhooing" or otherwise use any sound-making device
of any nature, including the human voice, for the purpose of attracting the
attention or soliciting the patronage of persons passing the location at which
he is conducting his business.
No person licensed under this chapter nor any person acting for him,
directly or indirectly, shall solicit or attempt to solicit anyone to enter
any place where a business activity is being conducted by engaging in conversation
with or accosting passersby for the purpose of urging them to enter the premises
where the business is being conducted.
All licensees shall conduct their business transactions within the licensed
premises. If a licensee provides window service, there shall be an area for
the patrons to stand, which area shall be located a minimum of 15 feet from
the public right-of-way.
The Township Committee of the Township of Franklin may authorize the
issuance of special permits without the payment of any license fee or other
charges therefor to any public, charitable, educational, literary, fraternal
or religious organization having its location in the Township of Franklin
for the conduct or operation of a temporary nonprofit enterprise for a public,
charitable, educational, literary, fraternal or religious purpose. The applicant,
however, shall submit the usual application form in the manner as hereinafter
provided and hereinafter required and shall operate, if granted a permit,
in accordance with the requirements of this chapter.
A.
Pursuant to N.J.S.A. 40:49-5, any person violating any
section of this chapter shall, upon conviction in a Municipal Court having
jurisdiction, be subject to a fine of not less than $100 nor more than $1,000
or be subject to imprisonment in the County jail for a term not exceeding
90 days, or both. The court before which any person is convicted for violating
provisions of this chapter shall have the power to impose any fine or term
of imprisonment not exceeding the maximum fixed herein.[1]
B.
Any person convicted of the violation of any provision
of this chapter may, in the discretion of the court by which he was convicted
and in default of the payment of any fine imposed therefor, be imprisoned
in the County jail for any term not exceeding 90 days.
C.
Separate violation. Except as otherwise provided, each
and every day in which a violation of any of the provisions of this chapter
occurs shall constitute a separate violation thereof.
