391-41ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY Bw~ACH,
FLORIDA, R~GUI~TING THE BUSINESS, OCCUPATION AND/OR PROFESSION
OF PHOTOGRAPHY IN T~ CITY OF DELH~Y BEACH, FLOEIDA, DEFINING
DIFFER~T CLASS±FIo~'~TIONS OF PHOTOGRAPttY, PROVIDIEG FOR A
LICENSE FEE FOR TP~E PRACTICE OF PHOTOG~PHY, AND PROVIDING FOR
PENALTIES FOR VIOLATIOE OF THIS ORDINANCE.
BE IT 0RDAI~ED By the City Councm± of the ~ity oI~ De±ray
Beach, Florida, as to±lows:
S~ectmon 1. It shall be unlawll~l for any person, ~rm or
corporation to engage in the business, occupaDion and/or proz'esszon
o~' photography or act as a canvasser or so±mcmDor om p~oDograpns
or pictures or enlargements of the same, or for the transaction of
any business in connection therewith wi~hmn the ~i~y o~ Dem~-ay Beach,
Florida, without having first obtained a license so to do, provided
however, that nothing in this ordinance shall apply to any person,
firm or corporation actually engaged in interstate cormnerce, in a
bona fide manner.
Section 2. The business, occupation and/or profession of
photography shall be divided into two classifications. These classi-
fications shall be (1) transient, and (21 resident. A transient
photographer shall be defined as one who does not maintain a regular
established place of business in the City of Delrs. y Beach, Florida,
or maintains such a regular established place of business for a period
of less than 120 days during any license year. A resident photographer
shall be defined as one who ~aintains a regular established place of
business in the City of Delray Beach, Florida, for a period of 120 days
or more in any license year. The presentation to the City Clerk of
this City of a regularly executed lease showing the fact that a
photographer hss leased a place of business in the City of Delray Beech,
Florida, for a period of 1£0 days or more in any license year shall be
sufficient proof that such photographer is a resident photographer.
Section 3. The license fee to engage in the business,
occupation and/or prof6ssion of transient photography in the City of
Delray Beach, Florida, shall be $50.00 per year. The license for
engaging in the business, occupation and/or profession of resident
photography shall be $15.00 per year. All such licenses shall state
whether they are issued for resident photography or transient
photography.
Section 4. No license shall be issued for the business,
occupation and/or profession of transient photography until the
applicant therefor shall have deposited with the City Clerk a bond
in the penal sum of $1000.00 executed by a surety company-or two
responsible freeholders residing within the City of Delray Beach, Florid
which said bond shall first be approved by the City Clerk, or in lieu
thereof, a cash bond of equal amount which said bond shall be con-
ditioned that all photographs, pictures or enlargements taken or for
which orders are taken, shall be as represented by him, and that he
will refund any moneys or purchase price paid on said work which is
not as represented, and so as to indemnify and reimburse any person
dealing with hi, a, in a suml equal to at least the amount of any pay-
ment or payments such purchaser may have been induced to make through
misrepresentation as to the kind and character of photographic or
enlarging work. The City Clerk is hereby instructed to retain such
bond for a period of 120 days after the licensee Shall give the City
notice in writing that he has finished his business in this City.
~en such notice is given the license~ heretofore issued shall termi-
nate, and no subsequent business shall be perfo~w~ed by the licensee
until a new license is obtained.
S~.e. 0tion ~. Any person, fir~l or corporation who shall violate
any of the provisions of this ordinance shall uoon conviction thereof
be fined not more than ~100.00 or by imprisonment in the City jail
for not more than 60 days, or may be punished by both such fine and
imPrisonment in the discretion ~ of the municipal Court·
Section 6. Nothing in this ordinance shall be construed to
apply to:
(a) Any person in tile em'ply of any newspaper or periodical
· publication and any person Who makes negative or photographs for sale
to newspapers and/or periodicals published within or without the Orate.
(b) Any person (not regularly en~£aged in an occupation
in whichhis compensation depends, in whole or in part, upon his
making of negatives of photo~raphs) who makes ne~jatives or photographs
for his own pleasure and occasionally sells or offers for sale a
ne~ative or photograph so made by him: Provided, that this exe~:iption
shall not extend to any person who solicits or accepts orders for
such negatives, or prints or photographs made therefrom before such
ne~atives are made.
lc) Any person who is in the e~ploy of the United ~tates, the
State of ±ozmaa, or any of its political subdivisions, or of any
· school, college, ~niversity or state institution, who ~akes negatives
or any reproduction thereof solely for public use or for the use of
such school, collef~e, university or state institution, or educ~tional
or scientific purposes, provided such negatives or photographs are not
sold or offered for sale in this Otate.
(d) Any duly licensedpractitioner of mediciz~e and allied
occupations, hospitals or institutions w~ho ~ake negatives or photo-
graphs for clinical, surgical or medical purposes.
, (e) Any motion picture ~hotographer in the ~king of motion
pictures.
~ ,~ C' C~ '~1~
~.~,_,~, in re~ular session on second and final r~e. din~,, this
the ~/~ day of June, A. D. 1941.
President City Co~u~Cil
~ Attest: Approved:
AN 0RDn~ANC~ O~ T~
CIL OF TB2E CI'I'Y 0F~D,ELRAY B~C
F~A. ~GU~T~ THE BUSINE~
oC~PATION AN~/~ PR~ESSION
PHOT~P~ IN ~E CI~ OF DE~
RAY B~, F~DA. DEFIN~G DIF~
FERENT C~SSI~CATIONS OF PH~0~
~PHY~ PROVIDI~ ~R A LICENSE
FOR THE P~C~CE OF PH~PU,
AND ~OVIDING FOR -PE~LTIES FO~
VIOLATION OF THIS
The above ordin~ce Is publis~ i~ ~vtiom
only. copy of sa~ In fu~ ~ng on file
the City Clerk's office f~ ~s~tiom of
City ~neil, at itc ~}ar meetmg ~ ~u
28. l~l, '~id ordi~nce to take eff~t
July ~th, 1~1.
Juue 2~ MAE W. ~C~, City Clerk,