[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 119.
[Derived from Sec. 4-1 of the 1975 Code (Ord.
No. 201)]
The purpose of this article is to prevent fraud,
crime and unethical and dishonest business practices by the regulation
of hawkers, peddlers, solicitors, canvassers and itinerant vendors,
and by the imposition of license fees for revenue.
As used in this article, the following terms
shall have the meanings indicated:
All goods, wares, food, fruit, vegetables, farm products,
magazines, periodicals and all kinds of articles of personal property
for domestic use. Orders or contracts for services, home improvements
or alterations shall be considered merchandise within the terms of
this article.
A person who sells goods or services, the proceeds of which
are devoted exclusively to the purposes of a philanthropic, charitable
or religious society on whose behalf he acts as agent, with or without
pay.
A person who goes from place to place by traveling on the
streets, or from house to house, and carries with him goods, wares
or merchandise for the purpose of selling and delivering them to consumers
or buyers.
A person selling goods by sample or taking orders for future
delivery with or without accepting an advance payment for the goods.
It shall be unlawful for any peddler, hawker,
solicitor or canvasser to sell or offer to sell or dispose of any
goods, wares, merchandise or services to take or offer to take orders
for any goods, wares, merchandise or services to be rendered or delivered
in the future within the borough, without first obtaining a license.
A.
Any person desiring a license to peddle, hawk, solicit
or canvass shall file, on a form supplied by the Borough Clerk, an
application with the Borough Clerk's office.
A.
Every application required hereunder shall contain
the following information:
(1)
Name and permanent address of the applicant;
(2)
Age, weight and height of the applicant;
(3)
Description and registration number of vehicle to
be used, if any;
(4)
Name and address of employer;
(5)
Nature of the business to be conducted and type of
merchandise to be sold or services to be solicited;
(6)
Length of time for which license is desired;
(7)
At least three business or character references;
(8)
Places where the applicant has resided for a period
of three years immediately prior to making the application;
(9)
Whether the applicant has ever been convicted of a
crime or as a disorderly person or of any violation of any ordinance
regulating peddlers, hawkers, solicitors or canvassers, stating the
date of each conviction, name of court, violation charged in the complaint
and the disposition thereof.
B.
The application shall be accompanied by:
(1)
Letter or written statement from the employer of the
applicant, certifying that the applicant is authorized to make the
application and to act as the employer's representative;
(2)
Recent photograph of the applicant taken within one
year of the date of the application and whose dimensions shall be
approximately passport size;
(3)
Fees as hereinafter described.
[Amended 12-20-2022 by Ord. No. 17-2022]
A.
The Chief of Police shall investigate the applicant's
business and moral character as he deems necessary for the protection
of the public good.[1]
[1]
Editor's Note: Original Section 4-1.6b, regarding
fingerprints, which immediately followed this subsection, was repealed
12-22-1992 by Ord. No. 12-92.
B.
As part of the background investigation, the Chief
of Police may obtain fingerprints and conduct a criminal history search.
C.
The Chief of Police may, upon review of the application, recommend
against issuing a permit to the applicant for any of the following
reasons:
(1)
The
location and time of the activities described in the application would
endanger the safety and welfare of the applicant, its customers, or
the citizens of the Borough;
(2)
The
applicant has previously violated a peddling or soliciting ordinance;
(3)
The
applicant has a record of breaches of solicited contracts;
(4)
Other
concrete evidence of bad character;
(5)
An
investigation reveals that the applicant falsified information on
the application;
(6)
The
applicant has been convicted of a felony, misdemeanor, crime as a
disorderly person, or ordinance violation involving a sex offense,
trafficking in controlled substances, or any violent acts against
persons or property, or any ordinance regulating peddlers, hawkers,
solicitors or canvassers; or
(7)
The
applicant is a person against whom a judgement based upon, or conviction
for, fraud, deceit, or misrepresentation has been entered within the
10 years immediately preceding the date of application.
D.
Based upon
his investigation and findings, the Chief of Police shall report his
approval or rejection of the application.
Every licensee shall have his license in his
possession while engaged in the business licensed. The licensee shall
produce his license at the request of any person solicited, any borough
police officer or any borough official.
A.
At the time of the delivery of the license to the
licensee, the Police Department shall issue to each licensee a badge
which shall contain:
B.
During the time such licensee is engaged in soliciting,
the badge shall be worn by the licensee in a conspicuous place on
the front of his outer garment.
C.
A deposit for each badge issued shall be required
and upon the return of the badge, the deposit shall be refunded.
A.
An application fee shall be paid for the processing of each license application. The current fee can be found in Chapter 119, entitled "Fees."
B.
An annual license fee shall be paid by each applicant. The current fee can be found in Chapter 119, entitled "Fees."
C.
If the license is required for a period of less than one year, a daily license fee shall be charged in accordance with Chapter 119, Fees, but not more than the annual license fee shall be charged any applicant.
D.
The following persons are expressly exempted from
the payment of any license fees:
(1)
Nonprofitmaking vendor.
(2)
Any person honorably discharged from the military
service of the United States possessing a peddler's license issued
in conformity with N.J.S.A. 45:24-9 and 45:24-10.
(3)
Any person who is an exempt fireman, as defined by
N.J.S.A. 45:24-9 and 45:24-10, possessing a license in conformity
with such law.
(4)
Any other person holding a license or permit issued
under any legislation of the United States government or by a state
agency pursuant to statute.
A license shall be issued for a term not to
exceed one year. Each license shall expire on December 31 of the year
in which it is issued unless sooner indicated upon the license and
badge.
A.
No person shall stand or park a vehicle for the purpose of displaying or selling wares or merchandise on public or private property within a business district as defined in Chapter 161 of this Code.
B.
No licensee shall sell, solicit or offer to sell or
solicit except between the hours of 9:00 a.m. and 9:00 p.m. on each
weekday and Saturday. Similar activities are prohibited on Sundays
and state holidays.
[Amended 12-22-1992 by Ord. No. 12-92]
C.
No person shall stand or park any vehicle upon any
public street at a fixed location for the purpose of displaying or
selling wares or merchandise.
A.
Licenses issued hereunder may be revoked by the Chief
of Police after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the
application for the license;
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on the licensed business in the borough;
(3)
Any violation of this article;
(4)
Conviction of any crime involving moral turpitude
or of any ordinance concerning peddling, hawking, soliciting or canvassing;
(5)
Conducting the licensed business in the borough in
an unlawful manner or in such a manner as to constitute a breach of
the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be given personally or mailed to the licensee at his last known address
at least five days prior to the date set for hearing.
C.
Such license may, pending revocation proceedings,
be suspended for not more than 10 days by the Chief of Police if,
in his opinion, the conduct of the licensee is detrimental to the
health, safety and welfare to the borough.
A.
Definition. As used in this section, "distributor"
shall mean each individual who personally hands out or goes from place
to place or house to house to hand out any circulars, posters, pamphlets,
samples of merchandise or any other matter, without the previous request
of the recipient of such matter.
B.
Distributor's permit required. No person shall engage
in the activities of a distributor without first obtaining a permit
from the Chief of Police or the officer in charge of the Police Department.
C.
Permit; application fee.
(1)
Any person desiring a permit to engage in the activities
of a distributor shall make an application for the permit to the Chief
of Police or the officer in charge of the police headquarters.
(2)
The application shall contain the following information:
(a)
Name of the applicant;
(b)
Age, height and weight of the applicant;
(c)
Place and length of time of applicant's residence;
(d)
Marital status;
(e)
Name and address of employer;
(f)
Description of the project for which applicant
is desirous of permit;
(g)
Whether the applicant has ever been convicted
of a crime or as a disorderly person.
D.
Issuance of permit. The Chief of Police or the officer
in charge of police headquarters shall have the power to issue a distributor's
permit. He shall refuse to issue a permit where the application of
the distributor on investigation indicates that the distributor is
not of good character or that the proposed project is not free from
fraud. The permit shall be good only for the day for which it is issued.
E.
Rules and regulations.
(1)
No person shall engage in the activities of a distributor
on Sunday.
(2)
A copy of the issued permit shall be in the possession
of the permittee while engaged in the activities of the project.
(3)
The permittee shall exhibit his permit to any borough
police officer or any other person at their request.
(4)
The permittee shall be courteous at all times while
engaged in the permitted activity and shall not importune or annoy
any person. The permittee shall conduct himself in a lawful manner.
F.
Permit revocation. Permits issued under this article
may be revoked by the Chief of Police or the officer in charge of
police headquarters for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the
application for the permit;
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on the permitted project;
(3)
Any violation of this chapter;
(4)
Conviction of any crime;
(5)
Conducting the permitted project in the borough in
an unlawful manner or in such a manner as to constitute a breach of
the peace or to constitute a menace to the health, safety or general
welfare of the public.
A.
Any person aggrieved by the action of the Chief of
Police or the officer in charge of police headquarters in the denial
or revocation of a license or permit as provided within this article
shall have the right of appeal to the Mayor and Council upon such
action.
B.
Such appeal shall be taken by filing with the Council
within 14 days after notice of the action complained of has been given
and shall be a written statement setting forth fully the grounds for
the appeal.
C.
The Council shall set a time and place for hearing
on such appeal and notice of such hearing shall be given to the appellant.
D.
After such hearing, the Mayor and Council may affirm
or reverse the action from which the appeal is taken.
A.
Upon application the Mayor and Council may, by resolution,
suspend this article or any part thereof when such application is
made by a duly authorized philanthropic, educational, religious or
veterans organization.
