[Adopted 9-7-1967 as § 5-7 of the
Revised General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Includes any person, whether as principal or agent, clerk
or employee, either for himself or any other person, or for any body
corporate, or as an officer of any corporation, or otherwise, who
engage in the business of selling, or offering to sell, photographs
or rendering any photographic services in the City of Trenton, by
means of traveling by any means or methods, from house to house, or
from street to street, or from place to place, and who do not have
a permanent local studio within the City of Trenton which is equipped
to perform a complete job of photography or who intends to close out
and discontinue such studio and business within a period of one year
from the date of the commencement thereof.
It shall be unlawful for any person to engage
in or carry on the business of itinerant vendors of photographs and
photographic services, in the City of Trenton, without first having
procured a license from the City so to do, or without complying with
any and all of the provisions concerning the same contained in this
article, or in any ordinance heretofore or hereafter adopted by the
City of Trenton in full force and effect.
Every person engaged in, or about to engage
in the business hereinabove defined, shall file a written application,
in duplicate, duly sworn to in the manner required by law, on a form
furnished by the City Clerk. It shall contain the full name of the
applicant and the local address, if any; if there be no local address,
the regular and permanent address of the applicant; the name of the
employer (unless the applicant is self employed, in which event it
shall be so stated); the nature of the photographic services to be
offered, sold or rendered; a statement whether the applicant has been
convicted of crime and, if so, the nature thereof and penalties imposed
therefor. Upon the request of the local police authorities, the applicant
may be required to furnish a photograph and to submit to fingerprinting.
Upon the filing of the application with him, the City Clerk shall
immediately forward a copy of the same to the Police Director of the
City who shall immediately check and investigate the same and certify
to the City Clerk the result thereof. Immediately upon the receipt
of such information, the City Clerk shall prepare the license and
deliver the same to the applicant upon the payment to him/her of the
required license fee which shall be paid for in lawful money of the
United States at the office of the City Clerk. The license shall date
from the date of its issuance and for a period of one year therefrom.
An applicant for a license shall, before a license
is used, post a good and sufficient bond in the sum of $1,000 with
the City Clerk conditioned to indemnify and pay or reimburse any purchaser
of photographs or photographic services in a sum equal to at least
the amount of any payment that such purchaser may have been induced
to make through the misrepresentation as to the kind, quality or value
of such goods or services, whether the misrepresentation was made
by the owners or their agents or employees either at the time of making
the sale or through any advertisement of any character whatsoever,
printed or circulated or made orally with reference to the goods or
services or any part thereof.
Before a license shall be issued, the applicant
shall file with the City Clerk an instrument, in writing, appointing
the City Clerk as his/her true and lawful agent, with full powers
and authority to acknowledge service on notices or process for and
on behalf of the applicant, in respect to any matters connected with
or arising out of the license and the bond given as required by the
provisions of this article, or for any breach thereof, which instrument
shall state that the applicant for the license consents and agrees
that service of any notice or process may be made upon his/her agent,
and when so made shall be taken and held to be valid as if personally
served upon the applicant according to the laws of the State of New
Jersey or of any other state, and waiving all claims or right of error
by reasons of such acknowledgment of service or manner of service.
The fee for a license under this article shall
be the sum of $300 and shall be paid by the applicant to the City
Clerk upon the granting of the license.
No license granted or issued under the provisions
of this article shall be in any manner transferred or assigned or
authorize any person other than is therein mentioned or named to carry
on such business.
No refund shall be made on any license fee paid
on account of a cessation of business after such license shall have
been issued.
Nothing herein contained shall be deemed to
require the procurement of a license, and the payment of a fee therefor,
to sell photographs or render photographic services by any person
who carries on such sales or renders such services wholly for the
benefit of charitable, religious, philanthropic or educational purposes,
and from which profit is not derived either directly or indirectly
by the persons carrying on said business.
Any license issued under the terms and provisions of this article may be suspended or revoked as provided in Chapter 146, Licensing.
