(Derived from Ch. 16 of the 1975 Compilation)
This article is enacted pursuant to Subdivision 13 of § 20 of the General City Law to maintain order, enforce the laws, protect property and care for the safety, health, comfort and general welfare of the inhabitants of the city and visitors thereto by licensing and regulating the occupations and business of itinerant photography.
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- Includes any person who goes from house to house or from place to place in the city, soliciting or selling or taking orders for, or offering to sell or take orders for photographs, pictures or enlargements thereof or other related services or products for future delivery and does not maintain a permanent photography studio within the city for the conduct of a photographic business.
- TRANSIENT PHOTOGRAPHER
- Includes any person, either principal or agent, who engages in and conducts within the city, either in a fixed location or traveling from house to house or place to place, a temporary or transient business of taking and selling photographs and other related services and products with the intention of continuing in such business in any one place for a period of not more than 90 days.
It shall be unlawful for any person to engage in the business of a transient photographer or canvasser within the city without having first obtained a license.
Filing. Any person desiring to engage in the business of a transient photographer or canvasser within the city shall file an application in writing with the City Clerk for a license.
Required information. Such application shall state:
Amount and conditions. No such license shall be issued until there is deposited with the City Clerk, a bond in the penal sum of $1,000, executed by a surety company or two responsible sureties; which bond shall first be approved by the City Attorney, or in lieu thereof, a cash bond of equal amount. The bond shall be conditioned that all photographs, pictures or enlargements taken or for which orders are taken shall be as represented by him, and that he will refund any moneys or purchase price paid on said work which is not as represented, so as to indemnify and reimburse any person dealing with him, in a sum equal to at least the amount of any payment or payments such purchaser may have been induced to make thorough misrepresentation as to the kind and character of photographic, enlarging work or other services or products.
Actions on bond. Any person so misled or aggrieved by the representations of any licensee hereunder shall have a right of acting on the bond, for the recovery of the amount of his or her payment or payments, or damages suffered or both.
Retention of cash bond. In the event that a cash bond is deposited, the same shall be retained by the City Clerk for a period of 120 days after the expiration of any such license.
Schedule of charges to be filed. Before any license shall be issued, there shall also be filed with the City Clerk a schedule of fees or prices to be charged by the licensee.
Appointment of City Clerk as agent for service. Before any license shall be issued, there shall also be filed with the City Clerk an instrument in writing, signed by the applicant, nominating and appointing the City Clerk his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of said applicant, and service of summons in any action brought upon said bond shall be deemed made when served upon the City Clerk.
Terms and fees. After complying with the provisions of §§ 204-26 and 204-28 and approval of the City Clerk, the City Clerk shall issue a license upon payment of the required fee as follows:
Renewals. If any licensee desires to continue in business after the expiration of the license, a new license shall be obtained in the same manner and upon the same terms and conditions as the original license.
All orders taken by any licensee under the provisions of this article shall be in writing and in duplicate, stating fully the terms thereof, together with the amount paid in advance and the balance remaining due, and one copy of such order shall be delivered to the purchaser at the time said order is taken.
Any person violating any provision of this article shall be punished as provided in § 1-18 of this Code.