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Ordinance No. 50E • ORDINANCE NO. 50 ri AN ORDINANCE REGULATING ITINERANT AND TRANSIENT PHOTOG- RAPHERS NITHIN THE CITY OF BAYT(YvVN; REQUIRING A LICENSE AS PREREQUISITE TO THE CONDUCTING OR CARRYING ON THE BUSINESS OF AN ITINERANT OR TRANSIENT PHOTOGRAPHER WITHIN SAID CITY; REQUIRING A PERFORMANCE BONED; CONTAINING A PENALTY CLAUSE AND REPEALING ORDINA14CES IN CONFLICT THERE - WITH, CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: Definitions. (a) An "itinerant photographer," as referred to in the following sections, is defined to be.any person who solicits the taking, finishing and selling of photo- graphs for profit in the city, and who has no studio or other place of business in ® the city, equipped for the taking and finishing of such photographs. (b) A "transient photographer," as referred to in the following sections, .-defined to be any person who engages in the business of, or solicits the taking and selling of finished photographs for profit in the city, and who, for the purpose of carrying on and conducting such business, either hire's, rents, leases or occupies any room or space in any building, structure or any other enclosure in the city, for which definite arrangements have not been made for such hire, rental, lease or occupancy of such premises, for at least six months; or who maintains a studio or other place in the city for the soliciting, taking and sale of photographs, which studio or other place of business is not equipped or furnished to finish same, and who does not in fact, by himself or through others, cause said photographs taken by 0 or for him, to be finished within the city. (c) The word "finish" and its derivatives, as used in the following sec- tions, shall describe, include and refer to all work and processes required to be done or used in reproducing from an exposed photographic film or plate a positive image or likeness of the person or object of whom the exposure was taken, and of making one or more copies thereof, and of fixing, toning, retouching, washing and trimming the photograph and the material upon which same is reproduced prior to de- livery thereof to the purchaser. Section 2: License required. It shall be unlawful for any person to conduct or carry on the business of an itinerant or transient photographer in any manner in the city without first having obtained from the City 14anager a license to do so. Section 3: Application for license; bond required. As a prerequisite to the obtaining of a license tc conduct or carry on the business of an itinerant or tran- sient photographer-within the city, any person desiring to engage in such business AW ® shall first make application to the City Manager for the issuance of said license, and said application shall be in writing and on a form to be supplied for that purpose, and shall be signed and sworn to by the applicant. The applicant shall state in said application the place or places he has resided for the last preceding year, the period of time he desires to engage in.the photography business within the city, and the number of persons employed, or to be employed by him or the number of persons with whom he will be associated in carrying on said business in the city. As a further prerequisite to the obtaining of such a license, said applicant shall first deposit with the City Manager a bond, with two good and sufficient sureties, or geceptable corporate surety bond, to be approved by said City, Manager, in the sum of One Thousand (d$1,000) Dollars, conditioned upon the faithful performance by the ® applicant of all contracts entered into ti-ith residents of the city for the taking, finishing and sale of photographs. Section 4: Schedule of fees. The license fee required to be paid by an itinerant or transient photographer to conduct or carry on his business within the city, shall be $15.00 for the first day and $10.00 for each succeeding day thereafter. In the event said itinerant or transient photographer employs or is associated with other persons in the conducting or carrying on of said business in the city, there shall be added to said license fee, y$10.00 for the first day and ti$5.00 for each succeeding day for each additional person so employed by, or associated vrith, said itinerant or transient photographer. ® Section 5: Penalty for conducting business without license. Any person carry- ing on, conducting or attempting to carry on the business of an itinerant or transient photographer within the city, without first having obtained a license to do so or who, having obtained the license, shall continue to carry on said business in the city after the expiration of said license, shall be fined not less than Fifty ($50.00) Dollars and not more than Two Hundred (;'200.00) Dollars for each and every offense. Section 6: Savings clause. If any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining pro- visions of this ordinance or their application to other persons or sets of ciarcum- • stances and to this end, all provisions of this ordinance are declared to be severable. Section 7: Repealing clause. All ordinances or parts of ordinances inconsist- ent with the terms of this ordinance are hereby repealed; provided, however, that -2- ® such repeal shall be only to the extent of such inconsistency, and in all other re- spects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: Effective date. This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice prior to the effective date hereof. INTRODUCED, READ .and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this the /�W-'day of June, A. D., 1919. ATTEST: na ever, ity Clerk -3- J. A.. Ward, %yor