It is unlawful for any person, except newspapers and commercial printers, to engage in the business, occupation or profession of resident, transient or itinerant portrait or commercial photography or color photography or transparencies, or in the enlarging, copying, coloring or portrait-finishing of photographs, or to solicit or offer for sale any of such goods or services, directly or indirectly, verbally, by telephone, by mail through the use of coupons or tokens of whatsoever nature, or by means of printed advertising of any form, by subterfuge or otherwise, in the City, without first having procured a license or permit therefor as provided by this chapter.
(Prior Code § 18-1)
The license fee for any person engaged in business as provided by Section 4-9.01, whether resident, transient or itinerant, shall be $10 per annum or any fraction thereof, and in addition a permit fee of $5 per annum, or any fraction thereof, shall be paid by such person for each outside solicitor, sales person or photographer, including solicitors or sales persons so employed by operating from their own temporary or permanent residences or telephones and whether paid on a salary or commission basis, contracted with or employed by such person for the purposes of selling, distributing or securing orders for portrait or commercial photographs or color photographs or transparencies or for the enlarging, copying, coloring or portrait-finishing thereof, or for the selling or distribution of coupons or tokens, or other printed or similar offers of advertising literature pledged or used in the sale of portrait or commercial photographs or the enlarging, copying, coloring or portrait-finishing thereof.
(Prior Code § 18-2)
(a) 
Applicants for a license or permit under this chapter must file with the Director of Finance a sworn application in writing and in duplicate on a form to be furnished by the Director, which shall give the following information:
(1) 
Name of applicant;
(2) 
Permanent home address and full local address of applicant;
(3) 
A brief description of the nature of the applicant's business;
(4) 
If employed, the name and street address of the employer, together with credentials establishing the exact relationship; and
(5) 
The City, County, State and street address where the taking, finishing, coloring or enlarging of photographs will be done, the proposed method of delivery and the average length of time within which delivery will be made.
(b) 
At the time of filing the application for a license or permit a fee, as set out in the Schedule of Fees and Charges within this Code, shall be paid to the Director of Finance to cover the cost of investigation of the facts stated therein, together with the fees as provided in Section 4-1.32 of this Code to the Police Department to compensate the City for the cost of investigating and processing the applicant.
(Prior Code § 18-3; Ord. 82-1045 § 1, eff. 12/16/83; Ord. 2017-01 § 49, eff. 3/9/17)
(a) 
Upon receipt of the application referred to in Section 4-9.03, the original shall be transferred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
(b) 
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and reasons for the same, and return such application to the Director of Finance, who shall notify the applicant that his application is disapproved and that no license will be issued.
(c) 
If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit addressed to the applicant and return the permit along with the application to the Director of Finance who shall, upon the payment of the prescribed permit fee, issue such permit. The permit must bear a photograph of the licensee or permittee, and a print of the right index finger of the licensee or permittee, and shall be of convenient card size to permit carrying on the person.
(d) 
In the event that such applicant desires a license as provided for in this chapter, upon the return of the application, as provided in this section, upon payment of the prescribed license fee and upon the filing of the bond provided for in Section 4-9.08, the Director of Finance shall issue such license to the applicant.
(Prior Code § 18-4; Ord. 2017-01 § 50, eff. 3/9/17)
Any person aggrieved by the action of the Chief of Police or by action of the Director of Finance in the denial of a license as provided in Section 4-9.04 shall have the right to appeal to the Council. Such appeal shall be taken by filing with the City Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of the appeal. The City Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant by mailing notice, postage prepaid, to the appellant at his last known address.
(Prior Code § 18-5; Ord. 2017-01 § 51, eff. 3/9/17)
Any permittee or licensee engaging in a business transaction in such capacity with any customer whereby the customer pays to the permittee or licensee any sum of money shall give to such customer as evidence of the receipt of the money a receipt for the amount. The receipt shall bear the name, address and license number or permit number of the licensee or permittee.
(Prior Code § 18-7)
The applicant shall further appoint the Director of Finance as his process agent in all matters connected with or arising out of the applicant's business, occupation or profession of portrait or commercial photography or color photographs or transparencies or the enlarging, copying or portrait-finishing of photographs or the solicitation or offering for sale thereof whether by the applicant or by the applicant's agents or employees in the City before obtaining such license. It shall be the duty of the Director of Finance immediately to advise the applicant by registered mail addressed to the applicant at his place of business at the address furnished in the indemnity bond of the nature and pendency of any action brought against the applicant wherein process is served on the Director of Finance.
(Prior Code § 18-10; Ord. 2017-01 § 52, eff. 3/9/17)
All licenses provided for by this chapter shall grant to the applicant the privilege of conducting the business provided for in this chapter on a yearly basis beginning June 1st and ending on the following May 31st.
(Ord. 84-1088 § 13, eff. 12/6/84; Prior Code § 18-11)
Any licensee or permittee granted a license under the provisions of this chapter shall have the privilege of renewing such license or permit at the end of each license year without first complying with the provisions of Section 4-9.03.
(Prior Code § 18-12)
[1]
Editor's Note: Sections 4-9.11 and 4-9.12 were amended by request of the City Attorney.
Any permit or license granted to any person under the provisions of this chapter may be revoked for good cause after a hearing before the City Council after due notice of such hearing is served in writing upon the licensee or permittee not less than five days prior to such hearing. The notice provided for in this section may be served upon the licensee or permittee by registered mail addressed to the licensee's or permittee's address as it appears upon the face of such license or permit.
(Prior Code § 18-13)