Kern County Municipal Code Ch. 5.24 Commercial Photographers

The following words as used in this chapter shall have the significance attached to them in this section, unless otherwise clearly apparent from the context:

A. "Person" means and includes both the singular and plural of any natural person, partnership, firm, association, club, society or corporation.

B. "Commercial photographer" means and includes any person who engages in the business or activity of commercial photography.

C. "Commercial photography" means and includes the doing of any of the following acts directly or indirectly for financial gain, whether verbally or by telephone, mail, printed advertisement, or by use of coupons, token or similar methods:

1. Taking or making photographic portraits, reproductions, views or pictures of any nature;

2. The going about from home to home, or place to place, for the purpose of selling, offering for sale, soliciting for the sale of, bargaining or bartering for, exchanging or giving away photographic portraits, reproductions, views or pictures of any nature.

(Prior code § 6575)

The bond required for a commercial photographer's license shall be in substantially the following form:

COMMERCIAL PHOTOGRAPHER'S

BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, ___________, as principal, and ________, as surety, are held and firmly bound, jointly and severally, in the sum of One Thousand Dollars ($1,000), lawful money of the United States, unto the County of Kern, a political subdivision, and to every person, firm or corporation insuring any of them against any loss or damage that may result to any person, firm or corporation who is aggrieved or damaged by any act of the principal as a commercial photographer or by any of his employees or agents in violation of or contrary to any provision of Chapter 5.24 of the Ordinance Code of the County of Kern, or by the fraud or other misdealings of any kind by the principal or by any employee or agent of the principal. This undertaking is not void upon the first recovery but may be sued upon and recovered upon from time to time by any person aggrieved until the whole penalty is exhausted in the full sum of One Thousand Dollars ($1,000), lawful money of the United States of America, for the payment of which well and truly to be made we hereby bind ourselves and our heirs, and each of our successors and assigns, jointly and severally, firmly by these presents.

The conditions of this obligation are such that, whereas, the said principal has applied, or is about to apply to the sheriff of the County of Kern for a license to engage in the business of commercial photography in accordance with the provisions and requirements of Chapter 5.24 of the Ordinance Code of the County of Kern.

Now, therefore, if the said principal shall faithfully abide by and conform to the provisions of Chapter 5.24 of the Ordinance Code of the County of Kern, and neither said principal nor any of his employees or agents, cheats, defrauds or otherwise injures any customer of said principal, then this obligation shall be void; otherwise, this obligation shall remain in full force and effect until the full penalty thereof is exhausted and any person suffering damage by reason of a violation of any of the conditions of the obligation by principal therein named or any of his employees or agents, may sue and recover thereon in his, its or their own name.

The liability of the surety upon this bond shall be and remain in full force and effect for the full period of the license issued to the principal herein named and thereafter upon any liability incurred by the principal during such period as long as he remains liable thereon. Discharge in bankruptcy of the principal shall not relieve the surety of any incurred liability.

IN WITNESS WHEREOF the said principal and the said surety have caused these presents to be duly signed this _______ day of _______, 19___, to be effective and to expire _______.

(Ord. G-5837 § 17, 1992: prior code § 6582)

The county sheriff shall issue a certificate to every commercial photographer licensed under the provisions of this chapter certifying that a license has been issued to the commercial photographer named. Every commercial photographer shall furnish each of his agents or employees with a notarized statement that such person is his agent or employee. It shall be unlawful for any person to represent himself to be the agent or employee of a licensed commercial photographer within the unincorporated territory of the county unless such person has in his possession a certificate issued to him by the county sheriff, together with said notarized statement of agency or employment, either or both of which shall be displayed upon demand.

(Ord. G-5837 § 18, 1992: prior code § 6583)

It shall be the duty of every person coming within the provisions of this chapter, when collecting money from any person to whom an article or service has been sold or from whom an order has been received, to give such person an invoice or receipt containing a full description of the article or service sold or ordered, the selling price thereof, the date of delivery or performance if such article or service is to be delivered or performed at a later date, and every warranty under which the article or service was sold or ordered. Duplicate copies of said invoice or receipt shall be kept by the commercial photographer.

(Prior code § 6584)

It is unlawful for any commercial photographer to knowingly and intentionally make any statement which is false in any particular or which has a tendency to mislead any person, or make any misrepresentation whatsoever or at all in conducting the business of or in acting as a commercial photographer under this chapter, whether as principal, agent or employee.

(Prior code § 6585)

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a fine of not more than five hundred dollars ($500.00), or imprisonment for not more than thirty (30) days, or by both such fine and imprisonment for each offense; and each day's violation of this chapter shall be considered a separate offense.

(Prior code § 6588)