Nevada City Municipal Code Ch. 5.16 Photographers

Every person, firm or corporation 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 every person employed by such person, firm or corporation 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 required in this chapter.

(Ord. 24811 (part), 1948)

A. Every person requiring a permit as provided for in this chapter shall make written application to the chief of police for such a permit on forms provided by the police department. The 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.

B. 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.

C. "Solicitor" means every person acting as servant, agent or employee of the conducting, carrying on or managing business.

(Ord. 248 § 1(a), 1948)

A. Upon receipt of the 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.

B. No permit shall be issued to any person who has been convicted of a felony, petty theft or a crime involving moral turpitude.

C. If the chief of police approves the granting of the permit, he may issue a permit to the applicant, which permit shall be serially numbered and shall expire on the last day of the calendar quarter year in which issued.

(Ord. 248 § 1(b), 1948)

A. When any permit is issued under the provisions of this chapter, the chief of police shall cause the permit to be forwarded to the office of the tax collector for delivery to the permittee upon the payment of the sum of ten dollars per quarter or fraction thereof for every person employed to solicit such business.

B. The permit shall be carried at all times and exhibited upon request.

(Ord. 248 § 1(c), 1948)

The chief of police may revoke any permit issued under this chapter when the permittee is violating or attempting to violate any law of the state, any ordinance of the city, any provisions of this section or the rules and regulations issued by the chief of police governing the conduct or operation of the permittee. Written notice of such revocation shall be forwarded by the chief of police to the tax collector.

(Ord. 248 § 1(d), 1948)

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

(Ord. 248 § 1(e), 1948)

A. At the time of filing with the chief of police an application for such license each applicant shall file and thereafter maintain with title city tax collector a good and sufficient bond in the aggregate sum of two hundred fifty dollars running to the city for the use and benefit of interested persons and parties executed by the applicant and by two 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 the bond shall be limited to the payment of two hundred fifty dollars.

B. The 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 applicant by any person to whom tickets, checks or coupons or goods, wares or merchandise have been sold or photographs taken.

C. The bond shall remain in force and effect until the bond and undertaking is canceled by the sureties.

D. The sureties may cancel the bond and be relieved of further liability thereunder by delivering thirty days' written notice to the city tax collector. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termination of the thirty-day period.

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

F. 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 may be exhausted. The tax collector may, in his discretion, require the filing of a new bond and immediately upon the recovery in any action on such bond such solicitor shall file a new bond and upon failure to file the same within ten days in either case, the tax collector shall forthwith suspend such solicitor's license.

G. 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, limited to a period of two years from and after the discovery by the person aggrieved of the act or default complained of.

(Ord. 248 § 1(f), 1948)