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Home My WebLink AboutORD NO 760 BAKERSFIELD LICENSING THE BUSINESS OF TRANSIENT PHOTOGRAlm~IER AND TRANSIENT PHOTO FINIS,~ERS, REQUIRING A BOND .TO BE POSTED .AND PROVIDING PEN. ALTIES FOR THE VIOLATION THEREOF. WI-~V~A~, the City CouncLl .hereby declares that an emergency exists for the immediate preservation of the public peace~ property~ and safety in that there has now commenced and is threat, eni~ an influx of irresponsible transient photographers and transient phote finishers .into this city~ who will engage in business only temporarily in the City of Bakersfield~ and after defrauding, the public will immediately leave the City of Bakersfield and the persons who have been defrauded will have no means of recovery for the fraud perpetrated upon them. : NOW~ Tt~tEFORE~ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF B.A~(ERSFIELD~ as follows: · SECTION 1. The words "T~ansient Photographer" 'and "Transient Photo Finisher" as used in this ordinance shall be deemed to mean and include each person, whether acting as prin~ipal~ agent or employee~ who e~gages in the business of doing an~ of. the following acts.in the City of Bakersfield for the purpose ~f securing financial, gain therefrom and does not have a regular and permanent place of business within the City of Bakersfield: (a) Taking or making photographic pertraits or photographic views. (b) Selling~ offering for sale~ soliciting for the sale of~ bargaining, or bartering for~ exchanging or giving aw. ay any photo- ..... g~ra.p.~~.s~..~.r.~.e...r~.ar.g.?m.ent..s., of ph_o.t_o..g..r_a_p, hs_..by a_r~_ .m.e_a.n_s._.wh.a.ts. oe_ve.r... ........ (c) .Soliciting for$ ~ollecting~ receiving or deliveriD~ photo, finishing~ exposed roll fllms~ exposed negatives~ film packs~ exposed cut films~ or exposed glass plates. , SECTION 2. (a) It shall be unlawful for any person to engage in the business of Trans. ient Photographer or Transient Photo Finisher or to help or assist any Transient Photographer or Tr,ansient Photo Finisher in the City of Bakersfield Until and unless each such person shall first deposit with the Tax and License C~llector of the City of Bakersfield a bond in the penal sum of Five Hundred Dollars ($%00.00), executed by a surety company or two ~.esp0nsible freeholders residing within the City of Bakersfield, or in lieu thereof, a cash bond of equal amount. (b) Such bond shall be conditioned that the principal thereon shall comply fully with all the provisions of the ordinances of the City of Bakersfield and the statutes of the S.tate of California regulating and concerning or in any way pertai~min§ to the business of photography, transient photographer and transient photo finishers, and will pay all damages suffered or incurred by any person or persons residing in the City of Bakersfield by reason 6f an~ violation of said ordinances or statutes or any of them, together with all damages that may .be suffered Dr incurred by. a.ny person or persons tranzactim~ such business with the priz~cipal in the City of Bakersfield by reason of any misrepresentation or deception' practiced on any such pePson, whether such misrepresentations were made or practiced by the principal or by .his servants, agents, or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated by the principal, his servants, agents or employees. Said bond shall guarantee to any person transacting business with the 'principal that all money paid as down payment will be accounted ........ f~'-a~:-g~'~li~"~c~'or'd'~'~' t~' %'he-re~e-s~'a~04s 'of the principal, and that property purchased and services rendered shall be delivered or rendered according to the representations of said principal. Said bond shall contain the further provisions that it inures o to the benefit of any an~ all persons who may be damaged by reason of any failure on the part of the person or persons named therein to comply with the provisions of said bond, and that any person so damage~, may maintain an.action thereon against the person or persons named in said bomb, and the surety or sureties upon such bond, and provided, further, that said bond may be sued and recovered upon in successive actions until the whole penalty is exhausted. In the' event a cash bond is deposited, the same shall be retained by the Tax and License Collector for a period of ninety (90) days after the expiration of any such license or renewal thereof. (c) Such bond shall be approved by the City Attorney of' the City of Bakersfield before the same shall be.accepted by the Tax and License Co~lector of the City of Bakersfield. SECTION 3. A Transient Photographer and Transient Photo Finisher shall not be relieved from the provisions of this ordinance by reason of tempora.rily associating with, becom.ing connected with, becoming a past of, or by acting in the name of any other person, firm, associa- Sion or co.?,poration. SECTION 4. The Tax and License Collector of the City of BaEersfield shall issue a certificate of compliance to each person who shall have posted a bond as herein required. Said certificate shall contain t~e name and address of the person to whom issued, and shall state that such person has 'deposited the bond required by this ordinance. The certificate of compliance, which shall not be transferable, shall be endorsed by the person who is to actively engage in the business of a Transient Photographer or .TrAnsient Photo Finisher, in the City of ....... Bmt~ersTi'el.d~ 'Th~"'-per-son--to whom such 'c-ertificate-~of--complimnce· 'shall-be --- issued shall carry the same at all times he is engaged in such business in the City of Bakersfield, and he shall exhibit the .same.whenever.- requested to do so by any Police Officer of the' City of Ba.~ersfield, or by any person solicited by or with whom the holder thereof shall er~gage or attempt to engage in business in the City of Bakersfield. Nothing contained herein shall be deemed to apply to persons engagin g in the business of taking moving pictures~ still pictures taken in connection with.moving pictures or still pictures taken in cormection with public events. SECTION 6. Every person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine o£ not more than Three Hundred Dollars ($300.00) or by imprisonment in the County ~ai~ for not more than ninety (90) days, or by both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each and every day during which any of the provisions of this ordinance are violated. SECTION ?. This Ordinance is hereby declared to be an emergency measure within the meaning of Section 24 of the Charter of the City of Bakersfield~ State of California amd necessary for the immediate preservation of the public peace~' property and safety~ and shall be effective on and after the 1st day of November~ ....... 00o ......... I pT~.W~ CERTl~ that the foregoing Emergency Ordinance was passed a~ adopted by the Council of the City of Bakersfield on .~~ day of ~~ 1947~ by the following vote: AYES: CARNAKI~}. CROSS. KUEHN, RYO.C. II,~, VERCAMMEN ;£:';."_:"..:'i_'i"i. ..... y' C"i~ k and Ex-Off~elo Clerk Oz'---the Council 'of the City of Bakersfield. APFR0 this ~~. ay of ~1947. / R of the City ~'f Bakersfield . - '1 STATE OF CALIFORNIAt County of Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on ............. ..0...~..t...O.~..F. ..... ..2...1. .................. 19..~..7...., he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City .at a meeting thereof duly held on ............. .0..~..t;_o..b...~.~ ..... .2...0. ................ , 19...~..?.., which ordinance was numbered ...... .7.62 .......... New Series, and entitled: "'AN EMERGENCY 0BDINANCE OF THE CITY OF BAEERSFIELD LICENSING THE BUSINESS OF TRANSIENT PHOTOGRAPHER AND TRANSIENT PHOTO FINISHERS, BE~IIENG A BOND TO BE POSTED AND PRovIDING PENALTIES FOR THE vIOLATION TItEREOF.'~ '- ""_"~-'~- .-~'~- '.Subserlbed' a"n4 4~o~n~to*b~f-o~e' n~"t'l~is .............. · .~ .~-.~,.~ ~,.~-. _~ ...... ........................... ! - ~,~,~ ~'. -. -~.... .~.~'~.. ...... ~'.-....:.~.;.1..8...t. ...... dayof. 0otobe~, 19..47. ...... .... ~" My Commission ~r~ April l~ 1949