Modesto Municipal Code Ch. 6 Transient Photographers

Every person who operates, conducts, carries on or manages the business of selling or peddling tickets, checks or coupons to be used in payment or part payment for picture frames, pictures, portraits, photographs, or the enlarging or retouching of the same or who engages in the taking of photographs and who does not maintain a fixed place of business within said City as defined in Section 6-1.101 of this Code, and every person employed by such person to solicit such business shall first secure a permit from the Chief of Police and a license therefor from the tax collector and shall post a bond as hereinafter required.

Such a permit shall not be required of any person who is an established resident of the City of Modesto, who has an outside business license pursuant to Section 6-1.207, and who engages in a photography business which does not involve soliciting by telephone or otherwise in residential areas, or selling, or peddling tickets, checks, coupons, or other representations of value for the purchase of photographic goods or services. The applicant shall furnish proof of established residency with the application.

(Ord. 487-N.S., amended by Ord. 821-N.S., and Ord. 1581-C.S., effective 3-9-77)

Every person requiring a permit as provided for herein shall make written application to the Chief of Police for such permit on forms provided by the Police Department. Said application shall be accompanied by fingerprints of the applicant, shall contain all information deemed relevant by the Chief of Police and shall contain in addition thereto, the name, business or occupation and resident address of each person financially interested in such business. Permits requested by persons acting as solicitors for the person conducting, carrying on or managing the business shall be first authorized in writing by the person engaging, employing or hiring such person.

Solicitor shall mean every person acting as servant, agent or employee of the person conducting, carrying on or managing the business.

(Ord. 487-N.S., amended by Ord. 821-N.S., effective 7-11-47)

Upon receipt of said application, the Chief of Police shall conduct such investigation as he may deem proper as to the character and morals of the applicant and the character of the business to be conducted. No permit shall be issued to any person who has been convicted of a felony, petty theft, or a crime involving moral turpitude. If the Chief of Police approves the granting of said permit, he may issue a permit to said applicant, which permit shall be serially numbered and shall expire on the last day of the calendar quarter year in which issued.

(Ord. 487-N.S., amended by Ord. 821-N.S., effective 7-11-47)

When any permit is issued under the provisions of this chapter, the Chief of Police shall cause said permit to be forwarded to the office of the tax collector for delivery to the permittee upon the payment of the sum of Fifty and no/100ths ($50.00) Dollars per quarter or action thereof for every person who operates, conducts, carries on or manages said business, and Ten and no/100ths ($10.00) Dollars per quarter or fraction thereof for every person employed to solicit such business. Said permit shall be carried by permittee at all times and exhibited upon request.

(Ord. 487-N.S., amended by Ord. 821-N.S., effective 7-11-47)

The Chief of Police may revoke any permit issued hereunder when the permittee is violating or attempting to violate any law of the State, any law of the City, any provisions of this chapter or the rules and regulations issued by the Chief of Police governing the conduct or operations of the permittee. Written notice of such revocation shall be forwarded by the Chief of Police to the tax collector.

(Ord. 487-N.S., amended by Ord. 821-N.S., effective 7-11-47)

The issuance of a permit or license under the provisions of this title shall not exempt the permittee from any other provisions of the laws of the City requiring a permit or license or otherwise regulating the business defined herein.

(Ord. 487-N.S., amended by Ord. 821-N.S., effective 7-11-47)

At the time of filing with the Chief of Police an application for such license, each applicant shall file and thereafter maintain with the City Tax Collector a good and sufficient bond in the aggregate sum of Two Hundred Fifty and no/100ths ($250.00) Dollars running to the City for the use and benefit of interested persons and parties executed by the applicant and by two (2) or more responsible sureties who are residents and householders of the City or a surety company authorized to do business in the State, to be approved by the Tax Collector. The total aggregate liability on said bond shall be limited to the payment of Two Hundred Fifty and no/100ths ($250.00) Dollars. Said bond shall be conditioned upon the strict compliance by the licensed applicant with the provisions of this chapter and the payment of any direct pecuniary loss sustained through any act of grand or petit theft on the part of the said applicant by any person to whom tickets, checks or coupons or goods, wares or merchandise have been sold or photographs taken.

Said bond shall remain in force and effect until said bond and undertaking is cancelled by the sureties. The sureties may cancel said bond and be relieved of further liability thereunder by delivering thirty (30) days' written notice to the City Tax Collector. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termination of said thirty (30) day period.

Any person who sustains any injury covered by said bond may in addition to any other remedy that he may have, bring an action in his own name upon said bond for the recovery of any damage sustained by him.

Upon such action being commenced, such bond shall not be void upon first recovery thereon, but may be sued upon from time to time until the whole of such penalty shall be exhausted. The Tax Collector may in his discretion require the filing of a new bond and immediately upon the recovery in any action of such bond such solicitor shall file a new bond and upon failure to file the same within ten (10) days in either case, the Tax Collector shall forthwith suspend such solicitor's license.

The time within which any action may be brought against a surety upon any bond filed hereunder may by express provision of the bond to that effect, be limited to a period of two (2) years from and after the discovery by the person aggrieved of the act or default complained of.

(Sec. 132(f), Ord. 487-N.S., as amend by Sec. 1, Ord. 821-N.S., effective 7-11-47)