[Ord. No. 22,
§ 1, 3-30-1931]
The terms "fortuneteller, phrenologist, astrologist, palmist,
clairvoyant," etc., shall mean and include any person, either principal
or agent, who in any public place or street or by going from house
to house or place of business to place of business or in an established
place of business offers to describe the past or foretell the future
or to delineate character, by phrenology, astrology or any means whatsoever.
[Ord. No. 22,
§ 2, 3-30-1931]
It shall be unlawful for any person within the corporate limits
of the Village to carry on or be engaged in the business of a fortuneteller,
phrenologist, astrologist, palmist, clairvoyant or other similar calling
without having obtained and having in force and effect a license therefor.
[Ord. No. 22,
§ 3, 3-30-1931]
(a)
Any person desiring to procure a license as provided in this article
shall file with the Village Clerk a written application upon a blank
form furnished by the Village and shall file at the same time satisfactory
proof of good character. Such application shall give the name, address
and age of the applicant, the type of service to be performed, the
length of time for which a license is desired and such other information
as may be required by the Village Clerk.
(b)
An application for a license shall also be accompanied by a bond
to the Village of Tuckahoe in the penal sum of $1,000 with sufficient
surety or sureties or sufficient collateral security, conditioned
for the due observance during the time of the license of ordinances
of the Village and laws of the state.
(c)
Any person aggrieved by the action of any licensee under this article
shall have a right by action on the bond for the recovery of money
or damages or both. Such bond shall remain in full force and effect,
and in case of a cash deposit, such deposit shall be retained by the
Village for a period of 90 days after the expiration of any license
unless sooner released by the Village Clerk.
[Ord. No. 22,
§ 4, 3-30-1931]
(a)
Upon the filing of the application, bond and certificate as provided in § 4-68, the Village Clerk and Police Chief shall make or cause to be made, an investigation of the applicant and, upon the written approval of such application by the Village Clerk and the Police Chief, the Board of Trustees may cause a license signed by the Mayor, to be issued to the applicant.
(b)
No license shall be refused except for a specific reason and for
the protection of the public safety, health, morals or general welfare.
(c)
Any applicant shall submit and make available to the Village Clerk,
Chief of Police and Board of Trustees such information as they may
reasonably require prior to the issuance of such license.
(d)
A license shall not be assignable.
(e)
Any holder of such license who permits it to be used by any other
person and any other person who uses such license shall each be guilty
of a violation of this section and, whenever a license shall be lost
or destroyed by the holder, a duplicate may be issued, under the original
application and bond, by the Village Clerk upon the filing with him
by the licensee of an affidavit setting forth the circumstances of
the loss and what, if any, search was made for its recovery.
(f)
All licenses shall be issued from a properly bound book with proper
reference stubs kept for that purpose, numbered in the order in which
issued, and shall state clearly the kind of service to be performed,
the dates of issuance and expiration of the license, the fee paid
and the name and address of the licensee.
(g)
Such license shall automatically expire on January 1 following the
date of issuance but may specifically state and provide for an earlier
expiration date. Every licensee while exercising his license shall
carry it with him and shall exhibit same on demand.
[Ord. No. 22,
§ 5, 3-30-1931]
The license fee shall be $50 per month. No license shall be
issued for less than one month.
[Ord. No. 22,
§ 6, 3-30-1931]
The Village Clerk may at any time, for a violation of any law
or ordinance, revoke any license. When a license shall be revoked,
no refund of any unearned portion of the license shall be made. Notice
of such revocation in writing and the reason therefor shall be served
by the Village Clerk upon the person named in the application or by
mailing same to the address given in the application.
[Ord. No. 22,
§ 7, 3-30-1931]
Any person who himself or by his agent or employee shall violate any of the provisions of this article or who having had his license revoked shall continue to act as a fortuneteller, etc., shall, upon conviction, be punished by a penalty as prescribed in § 1-7, and each day upon which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be deemed a disorderly person.
