(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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
B.
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.
