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399 \ \ \ ... ORDINANCE NO. 398_ AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING TO CANVASSERS AND SOLICITORS TAKING ORDERS FOR PHOTOGRAHB, PICTURES AND ENLARGE_ MENTS THEREOF; REQUIRING SUCH CANVASSERS AND SOLICITORS TO PROCURE A PERMIT FROM THE CITY COMMISSION TO ENGAGE IN SUCH BUSINESS; REGU_ LATING THE BUSINESS OF SUCH CANVASSERS AND SOLICITORS, AND REQUIRING A BOND FOR THE FAITH_ FUL PERFORMANCE OF THEIR CONTRACTS; REQUIRING THE PAYMENT OF A LICENSE TAX TO ENGAGE IN SUCH BUSINESS, AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: Section 1. That it shall be unlawful for any person, persons, firm or corporation to engage in the business of photography as a canvasser, or solicitor of photographs or pictures or enlargements of the same taken, photographed or otherwise made, enlarged and sold or delivered, or the sale or offering for sale of any coupons or other tokens repre_ senting the purchase price or part purchase price of any . photograph, picture or enlargement or for the transaction of any business in connection thereWith within the City of San_ ford, Florida, Without having first obtained a permit so to do as herein provided and othe~lise complying with the terms and prOvisions of this ordinance. Section 2. That the terms "canvasser" and "SOliCitor" shall be deemed to mean and include any person who goes from house to house or from place to place in the City of Sanford, Florida, selling or taking orders for, or offering to sell or take orders for photographs, pictures or enlargements there- of for future delivery, or sells or offers for sale any coupons or other tokens as evidence of payment or part payment on any photographs, picture or enlargement. Section 3. That any person, persons, firm or cor- poration desiring to engage in the business of photography as a canvasser or a solicitor of photographs or other pictures or enlargements thereof as heretofore mentioned and defined, within the City of Sanford, Florida, shall first make written application to the City Commission of said city, Which written application shall be filed with the City Clerk for a period of not less than seven days before presentation thereof to the City Commission. Such application shall have attached thereto two pictures or photographs of the applicant, state the name and residence of the applicant, the place where said business is to be conducted, the kind and type of photographs, pictures or enlargements for which orders are to be taken and the length of time for which said canvassers or solicitors desire to en- gage in said business. The City Commission may, if it deems it advisable and for the best interest of the people of said City, refuse to issue a permit to the applicant. No permit shall be issued until there is deposited with the said City Clerk, bond in the penal sum of One Thousand Dollars, executed by a responsible surety company, and payable to the City of Sanford, Florida, Which said bond shall first be approved by the City Clerk or, in lieu thereof, cash bond of equal amount. Said bond shall be conditioned that all photographs, pictures or enlargements taken or for which orders are taken, shall be as represented by the said canvasser or solicitor and that he will refund any moneys or purchase price paid on said work Which is not as represented and to indemnify and reimburse any person dealing with him in a sum equal to at least the amount of payment or payments that the purchaser may have been induced to make through misrepresentation as to the kind and character of photograph or enlargement work. Any person so misled or aggrieved by the representation of any permit holder hereunder shall have a right of action on the bond for the recovery of the amount of his or her pay- ment, damage suffered or both. In the event a cash bond is deposited, the same shall be retained by the City Clerk for a period of 180 days after expiration of the permit hereinunder issued, and each solicitor or canvasser shall have a card issued to said person bearing the picture of said canvasser or solicitor, his name, address, and the place where said business is conducted. Section 4. That no permit shall be issued to any applicant until said applicant shall first have paid to the City Tax Coilector of the City of Sanford, the sum of $25.00, which license shall not be transferrable and shall be good only for the period of the fiscal year extending from Octo- ber 1st to September 30th of the succeeding year. Section 5. That when any such applicant desires to engage in the business of photography as canvasser or solicitor of photographs, pictures or enlargements, and shall make his application for said permit as required in Section 3, and the same shall have been approved by the City Commission, and shall have filed with the City Clerk of the City of Sanford, Florida, his proper bond as required in Section 3, and shall have pa~d the proper license fee as required in Section 4, the City Clerk shall issue to said canvasser or solicitor of photographs, pictures or enlargements a permit for the term specified, which said permit shall be in no event for a period of time over one year. It shall be un- lawful for any canvasser or solicitor of photo~raphs, pictures or enlargements, to continue in business within said City after said permit has expired unless said canvasser or solicitor of photographs, pictures or enlargements, shall establish a recognized place of business Within said City. Section 6. That all orders taken by any permit holder shall be in writing and in duplicate, stating fully the terms thereof together with the amount paid in advance and the balance remaining due on said order and one copy of said order shall be delivered to the purchaser at the time said order is taken. Section 7. That any person, firm or corporation who shall violate any of the terms or provisions of this ordinance shall upon conviction be fined in an amount of not more than $200.00, or imprisoned for not more than ninety days or be punished by both said fine and imprisonment in the discretion of the Municipal Judge. Section 8. That all ordinances and parts of or- dinances in conflict be and the same are hereby repealed. Section 9. That this ordinance shall become effec- tive immediately upon its passage and adoption. Passed and adopted this 9th day of September, 1946. /~~ ~ / / / . ...(-~--. M.trayor ... l . ) ;' /~~ W0~Q... ~ ./ ~~ ~~,2)~ As the City Commission of the City of Sanford, Florida. Attest: ...~ ~:;? C ~~,- l.ty../ rk. ~ , 1_ H. N. Sayer. C1ty Clerk of the City of Sanford. florida. hereby certify that a true copy of the foregoing Ord1nance No. 399. pasAed and adopted by the C1ty Comm1ssion of the C1ty of Sanford, Flor1da, on the 9th day of September, 1946, was POSTED at the front door of the C1ty Hall 1n the City ot Sanford. Florlda. th18 lOth day of September. 1946. ":'~ ,.. ...'- ~' -AC1 ty . ..,.. e 1 ty Q.t"San .' 'or1da. ~.. ?