Unless otherwise specifically provided, a violation of any provision
of this chapter shall constitute a Class 4 misdemeanor.
[Code 1962, § 19-4; amended by Ord. No. 93-1, 2-8-1993; Ord. of 5-28-1997(5)]
It shall be unlawful for any person to sell from any motor vehicle
or other vehicle any goods or articles on the following streets in
the City:
(1) Main Street, from Jackson Street to South Street.
(2) Jackson Street, from Mechanic Street to High Street.
(3) South Street, from Main Street to the City limits.
(4) First, Second, Third, Fourth and Fifth Avenues, from High Street
to Mechanic Street.
[Ord. No. 93-1, 2-8-1993; amended by Ord. of 5-28-1997(5); Ord. of 6-28-1999; Ord. of 8-12-2002(1)]
It shall be unlawful for any person, other than nonprofit civic or municipal organizations or entities or vendors or other persons acting on behalf of such organizations or entities, to sell any goods or articles (other than farm or garden produce, fish, flowers or firewood) from a motor vehicle or other vehicle in the City without first obtaining a permit pursuant to §
22-15.
[Ord. of 5-28-1997(5); amended by Ord. of 10-27-1997(3); Ord. of 5-13-2002; Ord. No. 2003-11, 7-28-2003; 3-9-2009; 5-11-2009; 8-26-2019 by Ord. No. 2019-07]
(a) There is hereby established in the City a farmers' market located
only at 210 South Main Street adjacent to the Train Depot/Visitors
Center for the sale of produce, eggs, honey, cider, cut flowers, potted
and bare-root plants, homemade crafts, firewood and such other items
as may be approved by the Downtown Franklin Association through its
Farmers' Market Advisory Board.
(b) The City of Franklin shall be authorized to oversee the management
of the farmers' market. The City of Franklin will manage the
farmers' market under the supervision of a market manager (if
available) that reports to a committee to be named the "Farmers'
Market Advisory Board," consisting of a minimum seven members. Three
members shall be appointed by the City Manager, one of whom shall
be a police officer, one of whom shall be an employee of the Commissioner
of Revenue's office, and one of whom shall be a Public Works
employee. The other four (or more) members of the committee shall
be appointed by the Franklin City Council. These members shall be
a market manager (if available), local producers, vendors, and/or
citizens at large, and can include a market manager or have the market
manager report to the Farmers' Market Advisory Board and attend
Board meetings at the discretion of the Board.
(c) The Farmers' Market Advisory Board will develop and publish
rules and regulations for the operation of the farmers' market.
Any participant in the farmers' market who violates a rule or
regulation published by the Farmers' Market Advisory Board may
be penalized in the manner set forth in the rules and regulations
created by the Advisory Board, including being banned from participation
in the farmers' market for a period not to exceed 30 days.
(d) The following persons related to the farmer who obtains a business
license may participate in the farmers' market on behalf of the
licensed farmer without obtaining an additional business license:
his or her spouse, children, grandchildren, siblings or parents, or
the licensee's employee who is working as an agent on his/her
behalf.
(e) Issues or complaints about the published rules and regulations for
the operation of the farmers' market shall be made to the market
manager (if available), then the Farmers' Market Advisory Board,
then the Downtown Franklin Association Board. If no resolution is
reached, then the issues or complaints may be considered by City Council.
[Ord. of 5-28-1997(5); amended by Ord. of 8-12-2002(1)]
In addition to complying with the requirements of this chapter, persons selling any goods or articles (other than farm or garden produce, fish, flowers or firewood) from a motor vehicle or other vehicle in the City, other than those acting on behalf of nonprofit civic or municipal organizations or entities, must obtain City business licenses as required by Chapter
15 of this Code.
[Ord. of 6-28-1999]
For the purpose of this article, "solicitation" shall mean:
(a) going from door to door or location to location visiting multifamily
or single-family dwellings for the purpose of selling or offering
for sale any goods, wares, merchandise or services or accepting subscriptions
or orders therefor; or (b) selling goods or article other than farm
or garden produce, fish, flowers or firewood from a motor vehicle
or other vehicle in the City.
[Ord. of 6-28-1999; amended by Ord. No.
2003-13, 9-8-2003]
(a) All persons who intend to engage in solicitation in the City shall
obtain a permit from the Chief of Police, or his designee, prior to
such solicitation.
(b) To apply for a permit, an applicant must furnish the following to
the Chief of Police:
(1)
Name, local and permanent address, date of birth, social security
number, height, weight, race and any other distinguishing physical
characteristic of the applicant.
(2)
The nature or purpose for which solicitations will be made and
the nature of the goods, wares, merchandise or services to be offered
for sale.
(3)
The name and street address of the employer or organization
represented.
(4)
A photograph of the applicant.
(5)
A statement of whether the applicant has been convicted of any
felony or misdemeanor and, if so, the nature of the offense and when
and where the conviction occurred.
(6)
A criminal history record from the Virginia State Police or
Federal Bureau of Investigation.
(7)
The make, model and license number of any vehicle to be used.
[Ord. of 6-28-1999; amended by Ord. No.
2003-13, 9-8-2003]
(a) Upon furnishing the information required above and paying the administrative
fee set forth below, the applicant shall be issued a soliciting permit,
unless it has been determined that the person has been convicted of
a felony or a crime involving moral turpitude or has had a prior permit
revoked. Upon obtaining a soliciting permit the applicant must then
obtain any necessary business license from the Commissioner of Revenue.
(b) A permit issued under this article shall be good for a period of
12 months, unless revoked, and shall be nontransferable.
(c) Every solicitor shall carry his permit with him at all times while
engaged in soliciting in the City and shall display such permit to
any person who shall demand to see such permit while he is engaged
in solicitation.
[Ord. of 6-28-1999; amended by Ord. No.
2005-4, 2-28-2005; 2-22-2010]
A fee of $10 to cover the costs of investigation and processing
of the application for each applicant, whether or not working for
the same employer as another applicant, shall be paid to the Treasurer
when the application is filed. A fee of $5 shall be paid to the Treasurer
for renewal of such permit.
[Ord. of 6-28-1999]
If two or more solicitors working for the same employer or organization
obtain a permit pursuant to this article, only one business license
is required for their employer or organization.
[Ord. of 6-28-1999]
Any permit may be revoked by the Chief of Police for failure
to observe the conditions of the permit, upon a conviction of a violation
of this article or upon a conviction of a felony or a misdemeanor
involving moral turpitude.
[Ord. of 6-28-1999]
The following are exempt from the provisions contained within
this article:
(1) Persons who visit any residential premises at the request or invitation
of the owner or occupant;
(2) Newspaper carriers soliciting subscriptions to any newspaper for
home delivery;
(3) Route delivery persons who make regular deliveries to customers and
whose solicitation is incidental to their regular deliveries.
(4) Persons selling fresh farm or garden produce, fish, flowers or firewood;
(5) Persons licensed under the provisions of Code of Virginia, § 38.2-100
et seq.;
(6) Persons 18 years of age or less who are soliciting in the furtherance
of a school-sponsored activity or scouting organization; and
(7) The solicitation of money or the sale of or offer to sell goods,
wares, merchandise or services for bona fide charitable or religious
purposes by any charitable, benevolent, educational, religious, patriotic,
civic or philanthropic organization, order, church, association or
corporation or any member, agent or representative thereof.