Pursuant to the power and authority vested in the County Council of
Wicomico County under Subsection B of Section 22A and Section 22 of Article
23 of the Code of Public Local Laws of Maryland (1930 Edition), same being
Chapter 376 of the Acts of the General Assembly of Maryland, 1945, the following
regulations and provisions are hereby adopted with respect to licensing and
regulating the practice of fortune-telling when not practiced by recognized
religious bodies or ordained ministers and the right to refuse to license
any or all of them.
The term "fortune-telling" shall mean the practice of revealing the
past, present or future fortune or events of anyone's life, or furnishing
any information not otherwise obtainable by the ordinary processes of knowledge,
by means of any occult or psychic power or faculty or force, clairvoyance,
cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrology,
palmistry, necromancy, mind-reading, telepathy or other craft, science, cards,
talisman, charms, potions, magnetism, magnetized articles or substances, oriental
mysteries or magic of any kind or nature or numerology, including revealing
a person's character or personality characteristics by means of the analysis
of handwriting, for pay or compensation.
[Amended 10-17-2006 by Bill No. 2006-11]
No person shall conduct, engage in, carry on, participate in or practice
fortune-telling or cause the same to be done for any direct or indirect charge,
gift, donation or subscription by any means whatsoever without having first
obtained a fortune-telling permit from the Director of Administration.
Upon receipt of an application, as referred to in §
151-4, the Sheriff shall cause such investigation of the applicant's business and moral character and of the facts stated in and the contents of such application to be made as he deems necessary for the protection of the public good.
[Amended 10-17-2006 by Bill No. 2006-11]
At the conclusion of the investigation, approval of an applicant for
a permit required by this chapter and upon payment of the required fee, the
Director of Administration shall approve the issuance of the permit if he
shall find:
A. The information contained in the application or supporting
data is true;
B. The applicant has not, within the previous five years,
been convicted of any violation of this chapter or any law relating to dishonesty,
fraud, deceit or moral turpitude;
C. The applicant agrees to abide by and comply with all
terms of the permit and applicable laws of the county and State of Maryland;
D. That the business, as proposed by the applicant, if permitted,
would comply with all applicable laws, including zoning;
E. No information has been brought to the attention of the
Director of Administration as a result of the investigation which would require
the denial of such permit; and
F. That the applicant conforms to all applicable federal,
state and county laws.
It is unlawful for the holder of any license issued under this chapter
to practice fortune-telling pursuant to such license at any location other
than that described in the license issued to him.
No person holding a permit under the terms and conditions of this chapter
shall erect or post any sign advertising said business on the premises occupied
and used by said permittee containing an area greater than four square feet,
subject nevertheless, to all other rules and regulations of the Wicomico County
Planning and Zoning Commission, and no more than one such sign shall be erected
or posted on said premises.
It shall be unlawful for any person or persons to practice fortune-telling,
when not practiced by recognized religious bodies or ordained ministers, outside
the limits of incorporated towns and cities in Wicomico County and inside
the limits of incorporated towns and cities whose charter provisions contain
no power or authority to license, regulate or refuse to license them or any
of them. Any person or persons violating any provision or provisions of the
foregoing chapter shall be deemed guilty of a misdemeanor and, upon conviction
thereof before any court of competent jurisdiction in Wicomico County, Maryland,
shall be subject to a fine of not less than $1,500 nor more than $2,500 for
each such offense.