No person shall conduct, engage in, carry on, participate in, or practice fortunetelling or cause the same to be done for pay without having first obtained a permit therefor and without having posted and maintained in full force and effect a surety bond as required by this section.
(Ord. 425 § 1, 1990)
For the purposes of this chapter, the words set out in this section should have the following meanings:
"For pay"
means for a fee, reward, donation, loan, or receipt of anything of value.
"Fortunetelling"
means and includes the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to: 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, crystal gazing, oriental mysteries or magic of any kind or nature.
(Ord. 425 § 1, 1990)
Every person who, for pay, conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a permit with the business license officer. The application shall contain:
A. 
The name, home and business address, and home and business telephone 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 required by the business license officer;
D. 
The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others;
E. 
An application fee of one hundred dollars.
(Ord. 425 § 1, 1990)
Upon the filing of the application, it shall be referred to the department of public safety 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 business license officer within thirty 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 therein. At the time of the filing of the report and recommendation with the business license officer, a copy thereof shall be served personally or by certified mail on the applicant, accompanied by a notice to the applicant that he or she may request to be heard when the business license officer considers the application and report.
(Ord. 425 § 1, 1990)
The business license officer shall consider the application and the report and recommendation at a hearing held on or before the seventh day after the filing of the report and recommendation referred to in Section 5.23.040. Notice of the time and place of the hearing shall be given to the applicant at the address shown on the application by the business license officer at least three days prior to the hearing. The applicant for the permit shall be requested to attend the hearing. Any interested party shall be allowed a reasonable opportunity to be heard. City shall present substantial evidence to show the permit should be denied. The decision of the business license officer to grant or deny the permit or conditionally grant the permit shall be in writing, and if adverse to the applicant, shall contain findings of the fact supporting a denial. Unless the applicant agrees in writing to an extension of time, the business license officer shall make its order denying or granting or conditionally granting the permit within two business days after completion of the hearing on the application for a permit and shall notify the applicant of this section forthwith by personal service or certified mail.
(Ord. 425 § 1, 1990)
The business license officer shall grant the permit if he or she makes all the following findings:
A. 
All the information contained in the application and supporting data is true;
B. 
The applicant has not, within the previous three years, been convicted of any violation of any law relating to fraud, or perjury, extortion, larceny, or any law regulating fortunetelling as defined herein, or any crime involving moral turpitude;
C. 
The applicant appeared in person at the hearing; and
D. 
The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.
(Ord. 425 § 1, 1990)
If the business license officer grants the permit, he or she shall thereafter issue said permit only upon the payment of the required business license fee and the posting with the city clerk of a surety bond in the amount of ten thousand dollars executed by a corporate 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, damages, theft, or other unfair dealing suffered by any patron or customer of the applicant within the city during the term of the permit. The license fee and the term of the bond shall be prorated between date of issuance and December 31st.
(Ord. 425 § 1, 1990)
The term of the permit shall be for no more than the term of a regular business license or December 31st, whichever is earlier. 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. 425 § 1, 1990)
The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought conveyance, or the giving of horoscopic readings at public places and in the presence of and within the hearing of all other persons in attendance, 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.
(Ord. 425 § 1, 1990)
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 or ordination as a 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:
A. 
Except as provided in subsection (C) of this section, the fees, gratuities, emoluments and profits therefrom 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 section;
B. 
The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this section, shall file with the business license officer a certified copy of the certificate of ordination and the minister's full name, age, street address and telephone number in this city where the activity set forth in this section is to be conducted;
C. 
Such bona fide church or religious association, as defined in this section, may pay its ministers a salary or compensation as is reasonable and customary.
(Ord. 425 § 1, 1990)
A. 
Each person obtaining a fortunetelling permit shall post a sign on the premises at which the permitted business is to be conducted which shall include the following information;
1. 
The name of the permittee;
2. 
Each service provided by the permittee;
3. 
Specific fees charged for each service provided by the permittee;
4. 
The statement: "This business is prohibited from charging or soliciting any fee, payment, or remuneration in addition to posted rates."
B. 
The required sign shall be posted in a prominent and conspicuously visible location near the entrance, inside the business.
C. 
No fee, payment or remuneration shall be charged in excess of that posted as required herein.
(Ord. 425 § 1, 1990)
A written receipt shall be issued for the fee, payment or remuneration received and the service rendered shall be indicated thereon.
(Ord. 425 § 1, 1990)