No person, either principal or agent, who engages in a temporary
or transient business selling any goods, wares or merchandise, either
in one location or in traveling from place to place, shall conduct
such business within the Town without first having obtained any license
required under MGL c. 101 and a local transient vendor license issued
by the Town Administrator. Subject to federal and state law, no license
shall be granted to any person who is not a citizen of the United
States unless such person is authorized to work in the United States
by the Federal Immigration and Naturalization Service, nor shall a
license be issued to any entity that is not duly organized and authorized
to conduct business within the commonwealth.
As used in this chapter, the following terms shall have the
meanings indicated:
TEMPORARY OR TRANSIENT BUSINESS
Any exhibition and sale of goods, wares or merchandise which
is carried on at any location within this Town, unless such place
is open for business during usual business hours for a period of at
least 12 consecutive months during the current year. No person shall
be relieved from complying with the provisions of this chapter merely
by reason of associating himself temporarily with any local dealer,
trader or merchant or by conducting such temporary or transient business
in connection with or as a part of the business of, or in the name
of, any local dealer, trader or merchant.
TRANSIENT VENDOR
Any person, whether principal or agent, who engages in a
temporary or transient business in the Town of Franklin, whether at
a single location or by going from place to place within the Town,
selling or exhibiting for sale any goods, wares or merchandise.
The Town Administrator may refuse to grant a license to any
applicant if he finds that the applicant's character or business
responsibility is unsatisfactory or that approval of a license is
otherwise inconsistent with protection of the public peace, health,
safety or general welfare.
Each license issued under the provisions of this chapter is
subject to the following conditions:
A. No person licensed under the provisions of this chapter shall stand
in or upon or park a motor vehicle in or upon or display his goods,
wares or merchandise in or upon any street or sidewalk in the Town
of Franklin or within 20 feet of the side line of any street, for
more than 20 minutes, at one location. At the end of said time, said
person shall move at least 500 feet and shall not return to any location
where he has previously operated for at least four hours.
B. No person licensed under the provisions of this chapter shall sell
any goods, wares or merchandise in or upon any street or sidewalk
within the Town of Franklin within 500 feet of a business selling
the same or similar goods, wares or merchandise.
C. Each license shall state with specificity the place or places at
which it shall be valid, the hours of operation at each such place
and the specific goods, wares or merchandise which are to be offered
for sale at such places and during such times.
D. No license may be transferred or assigned by the licensee, but a
licensee may have the assistance of one or more persons in conducting
his business, who may aid him but not act for him or without him.
E. Public disturbance and threats to health and safety prohibited. No
sale, barter, display for sale, or carrying for sale shall be permitted
by any licensee, if such activities create a threat to the physical
safety of patrons, purchasers or passersby, or if the activities of
patrons or purchasers create a threat to the physical safety of others.
No person hawking, peddling, or carrying or exposing any article for
sale shall cry his wares to the disturbance of the peace and comfort
of the inhabitants of the Town, nor carry or convey such articles
in any manner that will tend to injure or disturb the public health
or comfort nor otherwise than in vehicles and receptacles which are
neat and clean and do not leak.
F. Town land. No sale, barter, display for sale, or carrying for sale
shall be permitted, and no licensee shall operate, upon any public
street or way, the Town Common, or any other Town land, without a
license issued under this chapter. The license shall be maintained
in the possession of each licensee during business operations and
shall be provided to any police officer or Town enforcement official
upon request.
G. Private property. No sale, barter, display for sale, or carrying
for sale shall be permitted, and no licensee vendor shall operate,
upon any private property without a license issued under this chapter
and the written permission of the owner of said property. Both the
license and a copy of such written permission shall be maintained
in the possession of each licensee during business operations and
shall be provided to any police officer or Town enforcement official
upon request.
H. Each license issued under this chapter shall expire on the first
day of January next following its issuance, unless sooner surrendered
or revoked.
Nothing in this chapter shall prevent the Town Administrator
from granting, under such conditions and upon such fees, if any, as
he may deem proper, special licenses authorizing a fraternal, religious,
civic, veterans or other charitable organization to conduct a temporary
or transient business for a particular time period not to exceed a
total of four consecutive days.
A violation of any provision of this chapter shall result in
a fine of $100 for each offense; each day that the violation continues
shall constitute a separate offense, except in the case of hawkers
and peddlers holding a state license under MGL c. 101, § 22,
or a local license under § 17 of said statute who shall
be liable for a fine of $20 for each offense, as provided in said
§ 17.
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.