[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 9, Art. 10, of the 1979 Revised General Ordinances of Paterson]
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 for any other person or for any
body corporate, or as an officer of any corporation or otherwise who
engages in the business of selling or offering to sell photographs
or rendering any photographic services in the City 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 does not have a permanent local studio
within the City 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 commencement thereof.
No person shall engage in or carry on the business
of itinerant vendor of photographs and photographic services, as hereinabove
defined, in the City without first having obtained a license issued
by the Licensing Division, after prior approval thereof by the Council.
A.
Application for a license under this article shall
be made, in writing, in duplicate by the applicant, verified under
oath, on forms approved by the Council. The application shall be filed
with the Licensing Division.
B.
The application shall state the following:
(1)
The applicant's full name; his permanent address and
local address, if any.
(2)
The name and address of the employer, unless the applicant
is self-employed, in which event it shall be so stated.
(3)
The nature of the photographic services to be offered,
sold or rendered.
(4)
A statement of whether or not the applicant has been
convicted of a crime or disorderly persons offense and the nature
of each offense, if any, for which he was convicted and the punishment
therefor. If the applicant is a partnership or corporation, such statement
shall be made as to each partner and each corporate officer, respectively.
C.
The application shall be accompanied by:
(1)
A letter from his employer or principal authorizing
the applicant to act as his representative, if the applicant is an
employee or representative of any person, firm or corporation.
(2)
Two photographs, size two inches by two inches, of
the applicant taken not more than three months prior to the filing
of the application.
A.
Upon the filing of said application, the Licensing
Division shall forthwith forward a copy of the same to the Chief of
Police of the City. The Chief or his designee shall investigate as
to the truth of the information set forth in the application, the
character of the applicant and whether the applicant is engaged in
a project free from fraud. In connection with such investigation,
the Chief of Police may require that the applicant be fingerprinted.
B.
The Chief of Police shall report, in writing, to the
Council the results of such investigation and his recommendation for
approval or disapproval of the application.
Upon submission of the report, the Council at its next meeting shall consider said application for appropriate action thereon. Upon being satisfied that the applicant has complied with the requirements of this article, is of good moral character and is engaged in a project free from fraud, the Council shall approve the issuance of a license by the Licensing Division after prior payment of the annual license fee prescribed in § 367-28A and the filing of the bond prescribed in § 367-29 and the written instrument prescribed in § 367-30.
A.
The fee for a license under this article, which is
hereby fixed for the purpose of raising revenue and for regulation,
shall be $440. Such license shall be issued for a term of one year
from the date of issuance. No part of such license fee shall be refunded
on account of a cessation of the licensed business before the term
of the license has expired.
[Amended 12-2-2003 by Ord. No. 03-078; 11-9-2010 by Ord. No.
10-056]
B.
No license granted under this article shall be in
any manner transferred or assigned, nor authorize any person other
than the person therein named to carry on the business for which the
license was granted.
A.
Before a license shall issue, the applicant shall
execute and post with the Licensing Division a bond with surety in
the sum of $1,000. The bond shall remain in force one year and be
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 said goods or services
or any part thereof.
B.
Before the issuance of the license, the aforesaid
bond shall be approved as to form and sufficiency by the Corporation
Counsel.
Before a license shall be issued, the applicant shall file with the Licensing Division an instrument in writing, nominating and appointing the Licensing Division his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the license and the bond given as required by the provisions of § 367-29 of this article or for the performance of the conditions of the bond or for any breach thereof. It shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon said agent and, when so made, shall be as valid as if personally served upon the applicant according to the laws of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
In addition to the penalty prescribed in § 367-33, any license issued under this article may be suspended or revoked by the Council after due notice and hearing:
A.
For any violation by the licensee of any provision
of this article.
C.
If the person conducting the licensed business is
of unfit character to conduct the same.
D.
If the purpose for which the license has been issued
is being abused to the detriment of the public.
E.
If the license is used for a purpose foreign to that
for which the license was issued.
F.
For false statements made in the application.
Nothing in this article shall be deemed to apply
to any person who sells or offers to sell photographs or renders photographic
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 person carrying on said projects.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000, by imprisonment for a term not exceeding 90 days
or by a period of community service for not more than 90 days, or
any combination thereof. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
