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:
means for a fee, reward, donation, loan, or receipt of anything
of value.
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;
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)
