[Ord. No. 857, § 3.]
Shall mean for a fee, reward, donation, loan or receipt of
anything of value.
Shall mean telling of fortunes, forecasting of futures, or
furnishing of any information not otherwise obtainable by the ordinary
process of knowledge, by means of any occult, psychic power, faculty,
force, clairvoyance, clairaudience, cartomancy, psychology, psychometry,
phrenology spirits, tea leaves or other such reading, mediumship,
seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading,
telepathy, or other craft art, science, cards, talisman, charm, potion,
magnetism, magnetized article or substance, gypsy cunning or foresight,
crystal gazing, oriental mysteries or magic, of any kind or nature.
[Ord. No. 857, § 3.]
(a)
Notwithstanding any other provision of this Code, no person shall conduct, engage in, carry on, participate in, or practice fortune-telling or cause the same to be done for pay without having first obtained a permit from the city administrator and without having posted and maintained in full force and effect a surety bond as required in section 8-6.
(b)
No person shall violate any of the terms and conditions of a permit
issued pursuant to this chapter, nor any of the regulations and provisions
within this chapter. Each day such a violation or violations occur
shall constitute a separate offense.
[Ord. No. 857, § 3.]
Every natural person who, for pay, actively conducts, engages
in, carries on, or practices fortune-telling shall file a separate
verified application for a permit with the city administrator. The
application shall contain:
(a)
The name, home and business address, and home and business phone
number of the applicant.
(b)
The record of conviction for violations of the law, excluding minor
traffic violations.
(c)
The fingerprints of the applicant on a form provided by the Oakdale
City Police Department.
(d)
The address, city and state, and the approximate dates where and
when the applicant practices a similar business, either alone or in
conjunction with others.
(e)
An application fee of one hundred dollars.
[Ord. No. 857, § 3.]
Upon the filing of the application, it shall be referred by
the city administrator to the police department for investigation,
report and recommendation. The investigation shall be conducted to
verify the facts contained in the application and any supporting data.
The investigation shall be completed and a report and recommendation
made in writing to the city administrator within fourteen days after
the filing of the application, unless the applicant requests or consents
to an extension of the time period. If the report recommends denial
of the permit to the applicant, the grounds for the recommended denial
shall be set forth. At the time of filing of the report and recommendation
with the city administrator a copy thereof shall be served personally
or by certified mail by the city administrator on the applicant, accompanied
by a notice to the applicant may request to be heard when the city
administrator considers the application and report.
[Ord. No. 857, § 3.]
(a)
The city administrator shall consider the application and report and recommendation at a hearing held by him on or before the seventh day after the filing of the report and recommendation referred to in section 8-4.
(b)
Notice of the time and place of the hearing shall be given to all
parties by the city administrator at least three days prior to the
hearing.
(c)
Any interested party shall be heard upon a reasonable request.
(d)
City shall have the burden of proof to show the permit should be
denied.
(e)
The decision of the city administrator to grant or deny the permit
shall be in writing, and if adverse to the applicant, shall contain
findings of fact and a determination of the issues presented.
(f)
Unless the applicant agrees in writing to an extension of time, the
city administrator shall make his order denying or granting the application
within twenty-four hours after completion of the hearing on the application
for a permit and shall notify the applicant of his action by personal
service or certified mail.
[Ord. No. 857, § 3.]
(a)
The city administrator shall approve the issuance of the permit if
he finds:
(1)
All the information contained in the application and supporting data
is true.
(2)
The applicant has not, within the previous six months, been convicted
of any violation of this chapter or any law relating to fraud or moral
turpitude.
(3)
The applicant appeared in person at the hearing.
(4)
The applicant agrees to abide by and comply with all conditions of
the permit and this chapter.
(b)
The city administrator shall deny the permit only if it cannot make
each of the findings set forth above.
(c)
If the city administrator approves the permit, he shall issue the
permit when:
(1)
The fee required by section 16-10A, subsection (b) (18) has been
paid.
(2)
The applicant has posted with the city clerk, surety bond in the
principal sum amount of ten thousand dollars executed as surety by
a good and sufficient corporate surety authorized to do a surety business
in the State of California and as a principal by the applicant. The
form of the bond shall have been approved by the city attorney and
shall have been given to insure good-faith and fair dealing on the
part of the applicant and as a guarantee of indemnity for any and
all loss, damage, theft, or other unfair dealings suffered by any
patron of the applicant within the city during the term of the permit.
(d)
The term of the permit shall be for one year. A renewal application
shall be filed no later than thirty days prior to the expiration of
the permit and shall be processed in the same manner as a new application.
[Ord. No. 857, § 3.]
Upon the discovery of any false or misleading statement in the
application or any misrepresentation by the applicant in procuring
the permit or upon the termination of the bond required hereunder
or upon the applicant's violation of any provision of this chapter,
the city administrator may conduct a hearing upon five days written
notice to the applicant to determine whether the permit should be
revoked.
[Ord. No. 857, § 3.]
(a)
The provisions of this chapter shall not apply to any person solely
by reason of the fact that he or she is engaged in the business of
entertaining the public by demonstrations of mind-reading, mental
telepathy, thought conveyance, or the giving of horoscopic readings,
at public places and in the presence of and within the hearing of
other persons and at which no questions are answered, as part of such
entertainment, except in a manner to permit all persons present at
such public place to hear such answers.
(b)
No person shall be required to pay any fee or take out any permit
for conducting or participating in any religious ceremony or service
when such person holds a certificate of ordination as a minister,
missionary, medium, healer, or clairvoyant, hereafter collectively
referred to as minister, from any bona fide church or religious association
maintaining a church and holding regular services and having a creed
or set of religious principles that is recognized by all churches
of like faith; provided that:
(1)
Except as provided in paragraph (3) hereof, the fees, gratuities,
emoluments, and profits thereof shall be regularly accounted for and
paid solely to or for the benefit of the bona fide church or religious
association, as defined in this subsection (b).
(2)
The minister holding a certificate of ordination from such bona fide
church or religious association, as defined in this subsection (b),
shall file with the city administrator a certified copy of the minister's
certificate of ordination with the minister's name, age, street
address, and phone number in this city where the activity set forth
in this subsection (b) is to be conducted.
(3)
Such bona fide church or religious association, as defined in this
subsection (b), may pay to its ministers a salary or compensation
based upon a percentage basis, pursuant to an agreement between the
church and the minister which is embodied in a resolution and transcribed
in the minutes of such church or religious association.
