[HISTORY: Adopted by the Common Council of the City of Middletown 11-13-1944
(Ch. 39 of the 1971 Code). Amendments noted where applicable.]
Fortune-telling or the foretelling of the future or where lost or stolen
goods may be found, either by palmistry, cards, crystal-gazing or by any other
method or manner, is hereby prohibited. This section shall not be construed
to interfere with the beliefs, practices or usages of an incorporated ecclesiastical
governing body or duly licensed teachers or ministers thereof acting in good
faith and without personal fee.
[Amended 1-7-2008]
A.
Every person desiring to procure a license to carry on
the science or profession of astrology, phrenology or the study of the human
mind or brain as connected with the moral, intellectual and sensual disposition
of the individual, which are supposed to be indicated by the undulations on
the cranium or skull, shall file with the City Clerk a written application
accompanied by two pictures of the applicant taken within 30 days from the
date of filing, containing the following information:
(1)
Name and residence of applicant.
(2)
Age and education of applicant.
(3)
Qualifications of applicant.
(4)
Location and description of premises where this profession
will be conducted.
(5)
Whether applicant has ever been charged with or convicted
of a felony or misdemeanor, what offense, when and in what court.
B.
Such application when filed with the City Clerk must
also be accompanied by the license fee and bond as hereinafter provided.
[Amended 1-7-2008]
After filing with the City Clerk the application, license fee and bond
as herein provided, the application shall be subject to the approval or disapproval
of the Board of Police Commissioners of the City of Middletown, New York,
and if such application is approved by said Commission, the City Clerk is
hereby authorized to issue such license for a period not to exceed three months.
Such license may be renewed at the end of each period, provided a new application,
license fee and a new bond are filed and approved as herein required for the
original period.
[Amended 1-7-2008]
There shall be charged for each person to whom a license is granted
for each period as hereinbefore provided, and paid when the application is
presented to the Treasurer for the use of said City, the sum of $50 as a license
fee.
Such application shall be accompanied by a bond to the City of Middletown,
New York, approved as to form by the Corporation Counsel, in the penal sum
of $1,000, with sufficient surety or collateral security, conditioned for
the due observance of this chapter and of the laws of the City and state,
and particularly Section 899 of the Code of Criminal Procedure, and upon conviction
of any provisions of same to pay or forfeit to the City of Middletown for
its use the penal sum of $1,000.
Astrology and phrenology shall not be practiced except in a building,
store, room or place, the interior of which and the occupants thereof shall
be at all times visible from the street entrance thereof.
The Board of Police Commissioners at any time for sufficient cause may
revoke any license granted under the provisions of this chapter.
[Amended 3-8-1999]
Any person violating any provisions of this chapter shall be guilty
of an offense within the meaning of the Penal Law of the State of New York
and shall be subject to a fine of not less than $100 nor more than $500 and/or
up to 15 days in jail, and each day on which such violation occurs or continues
shall constitute a separate offense.
