[HISTORY: Adopted by the Town Council of
the Town of Franklin 5-19-2010 by Bylaw Amendment 10-643.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 82.
Licenses — See Ch. 110.
Pawnbroking — See Ch. 121.
Peddling and soliciting — See Ch. 128.
Transient vendors — See Ch. 165.
[1]
Editor's Note: This bylaw amendment also repealed former Ch.
105, Junk Dealers and Collectors, adopted 12-9-1987 by Bylaw Amendment
87-113, as amended.
No person shall deal in junk, secondhand goods, or antiques
or keep a shop for the purchase, sale, resale, barter, or taking on
consignment of junk, secondhand goods, or antiques without a license
issued by the Town Administrator.
A.
A person who desires a license under this chapter shall fill out
the application form supplied by the Town Administrator's office;
the application form shall require:
(1)
The applicant's legal name, residential street address, and
such other identifying information as will permit Town officials to
investigate an applicant's suitability to conduct the proposed
business.
(2)
A description of the location or premises at which the proposed business
will be conducted.
(3)
A complete description of the proposed business.
(4)
A complete description of the nature and source of merchandise to
be offered.
B.
Upon receipt of a completed application, the Town Administrator shall
promptly the transmit the application to the Chief of Police who shall
conduct an investigation to determine the applicant's suitability
to conduct the proposed business and report the results of his investigation
to the Town Administrator.
C.
Upon receipt of the Police Chief's report, the Town Administrator
shall act upon the application and shall approve the license only
if he finds that the applicant is suitable to conduct the proposed
business and that the proposed business will not materially detract
from the public health, safety or welfare in light of the proposed
business and its location; if the Town Administrator approves the
application, the applicant shall pay the required license fee.
D.
In approving a license application, the Town Administrator may specify
the hours of operation and include such other conditions as he deems
to be reasonably necessary to protect the public health, safety, or
welfare.
A.
Licenses issued hereunder shall run from January 1 to December 31,
inclusive, of each year. Renewal applications for the following year
must be filed with the Town Administrator on or before November 1
in each licensing year.
B.
Any person issued a license hereunder shall display the license in
a conspicuous place upon the licensed premises.
C.
All licensed premises and all portions thereof and all merchandise
shall be open and accessible to officers or agents of the Franklin
Police, Fire, Building and Health Departments at all times.
D.
All portions of licensed premises shall be kept broom-clean and well-lit;
merchandise shall be so displayed and arranged as to permit customers
to have easy access and to be able to move freely about the premises
without obstruction.
E.
No merchandise shall be displayed outside the building(s) in which
the business is conducted unless the license expressly so provides;
in no event shall merchandise be displayed off the licensed premises,
including public way or sidewalk or abutting property.
F.
All merchandise shall be kept clean and free of insects and vermin;
clothing or other textiles shall be washed, cleaned, or sanitized
prior to being offered for sale; all other merchandise shall be suitably
cleaned and kept in a reasonably clean condition.
G.
No person shall conduct a business, under a license issued hereunder,
that involves items made of gold, silver, or platinum unless the license
specifically authorizes transactions involving items of those metals.
H.
No licensee hereunder shall purchase or otherwise acquire any secondhand
goods from a person under 18 years of age.
I.
No licensee hereunder shall purchase any junk, antiques or secondhand
articles on the business premises from a private party until the seller
provides a driver's license as a positive identification, or
if the seller has no driver's license, then such other suitable
photo identification. For purposes of this article, a "private party"
is defined as a person who has no valid state tax registration number.
J.
A licensee shall retain on the licensed premises for seven days all
electronics, jewelry, gold and silver items, and any other item with
a retail value of $100 or more, which the licensee purchases or otherwise
acquires, prior to offering the item for sale.
K.
Report and record book.
(1)
All licensees shall keep a report and record book, in a form approved by the Police Chief, in which the following information shall be recorded for each transaction with a private party by which the licensee purchases or otherwise acquires any item(s) specified in Subsection J:
(a)
The date and time of purchase,
(b)
The name and address of the seller,
(c)
The type of identification given by the seller,
(d)
The date of birth and any identification number provided by
the seller,
(e)
A description of the article purchased by the licensee, including,
where applicable, the size, setting, brand name, model, serial and
inspection number, if any, and
(f)
The purchase price paid by the licensee.
(2)
The report and record book shall provide a suitable space for each
seller to sign his or her name and record his or her address prior
to payment of the purchase price by the licensee. All entries in the
report and record book shall be in ink. No entries shall be erased
or obliterated.
(3)
The dealer shall also keep a permanent record of all other purchases
not covered by the record book requirement, showing the date of purchase,
the purchase price of the article or group of articles, and the name
and address of the seller.
L.
The licensee shall file a secondhand dealer's report, weekly with the Chief of Police; said report shall be delivered to the police station each Monday by 12:00 noon, and shall list all items purchased or otherwise acquired during the prior week which are subject to retention prior to being offered for sale per Subsection J.
M.
Each dealer in a multi-dealer shop is required to be separately licensed under this chapter. Each such dealer is subject to all the provisions of this chapter except that the shop owner(s) shall submit one consolidated secondhand dealer's report, weekly, per Subsection L containing the name of each dealer and the required information for same. The shop owner(s) is/are responsible for obtaining accurate and complete information for each dealer and for ensuring that each dealer otherwise fully complies with the provisions of this chapter.
The Town Administrator may suspend or revoke a license issued
under this chapter, after a hearing, if he finds that the licensee
has violated or permitted a violation of any provision of this chapter
or any other provision of the Town of Franklin Code directly applicable
to the operation of the licensee's business or any condition
of the license or if he finds that the licensee has been convicted
of any crime involving theft of property or if he finds that the licensee's
continued operation will substantially derogate from the public health,
safety or welfare.
A violation of any provision of this chapter will result in
a fine of $100 for each offense; each day that the violation continues
shall constitute a separate offense.
The Town Administrator or his designee, the Franklin Police
Chief and Fire Chief or their designees, the Building Commissioner
and the Board of Health Agent are each authorized to enforce the provisions
of this chapter.
