[HISTORY: Adopted by the Township Committee of the Township of Franklin 12-18-1967 as Ch. 70 of the 1967 Code. Amendments noted when applicable.]
GENERAL REFERENCES
Junk and junk dealers — See Ch. 247.
Private sales and auctions — See Ch. 319.
[Amended 10-6-1975 by Ord. No. O-10-75]
No person or persons, firm or corporation shall engage in the business of buying and/or selling used merchandise, antiques, equipment, building materials and other personal property; that is to say, no person or persons, firm or corporation shall keep and maintain a building, yard, space or place in the Township of Franklin for the purpose of buying or selling used secondhand merchandise, antiques, equipment, furniture, toys, household appliances, lumber and building materials, including any article used in the building and construction of a home or other building, plumbing fixtures, heating plants of any nature and parts thereof, automobile parts and equipment, pipe, electric fixtures or any other used or secondhand or personal property of every kind and nature whatsoever without being licensed so to do by the Township Committee of the Township of Franklin. However, this chapter shall not apply to persons who are displaying and selling used merchandise totally within the confines of a building or other structure. Any display or sale of used merchandise outside the confines of said structure shall be within the purview of this chapter.
Application for such license shall be made to the Township Clerk, in writing, and shall set forth the name of the person or persons, firm or corporation, their respective addresses or principal place of business, and shall describe the premises upon which said business is to be conducted, giving the street frontage and approximate depth of said premises and said application shall be accompanied by the license fee hereto provided, and the Township Clerk shall fix a reasonable time for the hearing by the Township Committee. The applicant shall thereupon, at least five days prior to the time appointed for said hearing, give personal notice thereof to all property owners within 200 feet of the property lines of said proposed place of business. Such notice shall be given either by handing a copy thereof to the property owners or by leaving a copy thereof at the usual place of abode of said property owners, if said owners are the occupants of the property affected by such application or are residents of the Township of Franklin; if nonresidents, by mailing said notice, postage prepaid, to said property owners.
[Amended 10-6-1975 by Ord. No. O-10-75; 10-14-2014 by Ord. No. O-36-2014]
The annual license fee to be paid for such license shall be the sum of $50, and all persons, firms or corporations shall make application to the Township Clerk for renewal of a license to conduct said business by December 31, and shall pay for said license the same fee as hereinabove set forth; provided, however, that the notice hereinabove required to be given to property owners shall apply only to the first application at a designated location. A licensee who fails to submit a renewal application by December 31 shall pay, in addition to the annual license fee, a late charge of $50. The late charge shall not be the exclusive penalty, but shall be in addition to any other penalties provided for in this chapter.
[Amended 5-6-1968 by Ord. No. O-4-68; 4-19-1976 by Ord. No. O-3-76; 5-2-1977 by Ord. No. O-6-77; 4-8-1980 by Ord. No. O-8-80]
All persons presently engaged in or who wish to engage in the business or occupation of buying and selling used merchandise, equipment or antiques within the boundaries of the Township of Franklin shall comply with the provisions of this chapter by making application for a used merchandise license within 30 days of the final passage and publication hereof, and if granted, a used merchandise license shall comply with § 368-6 of this chapter within 90 days thereafter. After the issuance of licenses to the persons that apply within 30 days of final passage and publication, no new licenses shall be issued unless and until the number of such licenses outstanding is fewer than 17. In the event that 17 licenses have not presently been issued by the Township Committee, such additional licenses, up to the number of 17, may be issued at the discretion of the Township Committee upon application duly made at any time by qualified applicants.
No license shall be granted unless the governing body shall, after the hearing, find that no unreasonable depreciation of surrounding property would ensue from the establishment or maintenance of the place of business and that the best interests of the community require the operation of the yard or business at the location designated. The proximity of homes, schools, churches or other places of gatherings, the sufficiency in number of other similar places in the vicinity and the suitability of the applicant to receive the license shall be taken into consideration in considering the application.
Unless the business is to be conducted in an enclosed building, the lot or that part of the same upon which the business is located shall be fenced in with a solid board fence or other similar material which would prevent the merchandise from being visible by neighboring residents or by the traveling public using either vehicles or walking along the usual sidewalk area abutting the property in question. Further, said fence must be kept in good condition at all times and must meet with the approval of the Building Inspector.
It shall be unlawful for any person or persons, firm or corporation operating a business hereinabove referred to in the Township to burn or set fire to any material in said yard or on said property at any time or to operate said yard in such a manner as to disturb the peace and quiet of the neighborhood.
It shall be unlawful for any person, persons, firms or corporations to display any merchandise on any street or sidewalk abutting the licensed property or to sell or display any merchandise on any day between the hours of 10:00 p.m. and 7:00 a.m.
In the event that the licensed premises shall be an open yard or lot, the fence required hereinabove shall be approximately six feet high and said fence shall not be permitted to be erected nearer than 25 feet from any curbline of any street nor nearer than 10 feet from the property line of any abutting property.
Any person or persons, firm or corporation violating any provision of this chapter shall pay a fine on conviction thereof not exceeding $200 for each violation or be imprisoned for a period not exceeding 90 days, or both, in the discretion of the Municipal Court Judge.
Licenses shall be transferable upon the payment of a fee of $25 therefor and approval thereof by the Township Committee. Applications for any transfer shall be filed with the Township Clerk. All such applications shall contain therein:
A. 
The name and residence of both the transferor and transferee.
B. 
If the transferee proposes to conduct his business or occupation at lands and premises other than those of the transferor, a description of the same where the transferee proposes to conduct his business.
C. 
The consent, signed by the transferor, to the proposed transfer of said license.
D. 
Proof of compliance with § 368-2 of this chapter as to notice to surrounding property owners.
All licensed premises shall be open to inspection by the Township Committee, police, fire, officers, Board of Health and any person authorized by the Township Committee, during reasonable hours and at reasonable times.
Licenses may be revoked permanently or suspended for any period of time for any violation of the provisions of this chapter. Any conviction or plea of non vult or nolo contendere to a charge of receiving stolen goods by the holder of a license shall be sufficient cause for suspension and if the same occur more than three times, it shall be sufficient cause for permanent revocation. The holder of a license shall be given at least 10 days' notice of any proposed revocation or suspension of a license by reason of the violation of any of the provisions of this chapter and the grounds therefore. He shall be entitled to a public hearing upon request to be held not less than 15 days thereafter. The Township Committee shall preside over any such hearing, hear the evidence and be judge of the facts. The licensee shall be entitled to be represented by counsel and present evidence on his behalf, as shall also the Township. After the hearing, the Township Committee shall have the Clerk record its findings and conclusions of law with regards to the same and any suspension or revocation ordered pursuant thereto.
Any person aggrieved by an action of the Township Committee granting, denying, transferring or refusing to transfer, renewing or revoking a license under this chapter may file a written request for a hearing before the Township Committee within 30 days after such action has been taken. The Township Clerk shall give notice of a public hearing upon this request, to be held not less than five days after service by mail upon the person requesting the hearing. The Clerk shall also give notice of the hearing to other persons directly interested in the action in question. At such hearing, the Township Committee shall determine whether the granting, denial, transfer, renewal or revocation of the license was in accordance with the provisions of this chapter and shall issue written findings of fact, conclusions of law and an order by resolution to carry out its findings and conclusions. These findings of fact and conclusions of law and order shall be spread upon the minutes of the Township, and a copy shall be served upon the parties appearing or represented at the hearing.