For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section. Words and phrases used in this chapter not specifically defined shall be construed according to the context and approved use of the language.
"City"
means the city of Buena Park.
"City manager"
means the city manager of the city of Buena Park or his or her designee.
"Finance director"
means the finance director of the city of Buena Park or his or her designee.
"Fortunetelling"
means telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of the dissemination of knowledge, by means of any occult or psychic power, faculty or force; clairvoyance; clairaudience; cartomancy; sorcery; psychometry, phrenology; spirits; tea leaves or other such reading; mediumship; augury; astrology; palmistry; necromancy; black magic; mind reading; telepathy; cards; talisman; charm; potion; voodoo; magnetism; magnetized article or substance; crystal gazing; oriental mysteries or magic, of any kind or nature.
"Person"
as used in this chapter means and includes the individual natural person, partnerships, joint ventures, societies, associations, trusts, or any corporations, or any officers, agents, employees, factors, or any kind of personal representatives of any thereof in any capacity, acting either for himself, or for any person, under either personal employment or pursuant to law.
(Prior code § 16-171)
No person shall conduct, engage in, carry on or profess to practice the business or art of fortunetelling, and cause the same to be done for a fee, reward, donation, loan or the receipt of anything of value, without having first obtained a permit pursuant to the terms of this chapter.
(Prior code § 16-170)
A. 
Every person desiring to obtain a permit, or renew an existing permit, to conduct or engage in the business of fortunetelling, shall make application to the city manager upon a form issued by the finance director. The application shall be verified or sworn under penalty of perjury by the applicant. Prior to submitting such application for a permit or renewal of a permit, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this chapter. The department of finance shall issue a receipt showing that such application or renewal fee has been paid The receipt, or a copy thereof, shall be supplied by the applicant to the city manager at the time such application is filed. Permit issuance or renewal fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.
B. 
Neither the filing of an application for a permit or renewal thereof, nor payment of an application for renewal fee, shall authorize the conducting of fortunetelling until such permit has been granted or renewed.
C. 
Each applicant for a permit as provided herein, or renewal thereof, shall furnish, at minimum, the following information:
1. 
The present or proposed address where the business is to be conducted;
2. 
The full true name under which the business will be conducted;
3. 
The full name of the applicant, including aliases, nicknames, and any other names used;
4. 
The present residence and business addresses and telephone numbers of the applicant;
5. 
Each residence and business address of the applicant for the five-year period immediately preceding the date of filing of the application and the inclusive dates of each such address;
6. 
The driver's license or identification number and social security number of the applicant;
7. 
The names and present residence addresses of at least five bona fide residents of the state who will attest that the applicant is of good moral character;
8. 
The applicant's height, weight, color of eyes and hair and date of birth;
9. 
Two photographs of the applicant, at least two inches by two inches in size, taken within the six-month period immediately preceding the date of the filing of the application;
10. 
The business, occupation or employment history of the applicant for the three-year period immediately preceding the date of the filing of the application;
11. 
The permit history of the applicant for the period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended;
12. 
All criminal convictions suffered by the applicant, including ordinance violations but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor offense), stating the date, place, nature and sentence of each such conviction;
13. 
A description of the services to be provided;
14. 
Such other identification and/or information as the city manager may require in order to discover the truth of the matters required to be set forth in the application.
D. 
When any change occurs regarding the written information required by subsection C of this section to be included in the application, the applicant or permit holder, as the case may be, shall give written notification of such change to the city manager within five business days after such change.
(Prior code § 16-172; amended during 1990 codification)
Upon the filing of the application, the city manager shall forward copies of the application, and any attachments; to every city department which would or could be affected by such business, 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 complete and a report and recommendation made in writing to the city manager 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.
(Prior code § 16-173)
A. 
The city manager, after review and investigation, may grant or deny a permit application. The city manager shall grant the permit if all of the following findings are made:
1. 
The fee required by this chapter has been paid;
2. 
The application conforms in all respects to the provisions of this chapter;
3. 
The applicant has not knowingly made a material misrepresentation of fact in the application;
4. 
The applicant has not, within the previous two years, been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving fraud, deceit or misrepresentation;
5. 
The application would comply with all applicable city, county and state laws, including but not limited to, health, zoning, fire and safety requirements and standards.
B. 
Within ten business days after the receipt of the application, the city manager shall mail to the applicant, by certified letter, postage prepaid, notice as to whether the permit has been granted or denied. If the city manager should deny the application, the notice shall also inform the applicant as to the reasons why the permit was denied and inform the applicant of their right to appeal before the city council as provided in this chapter.
C. 
The city manager may, if such permit is granted, impose such terms, conditions and restrictions upon the operation and conduct of the business as may be deemed necessary or expedient to protect the public peace, health, safety, morals or welfare of the citizens of the city.
D. 
The city manager also may, in those cases where it is deemed that the public interest will be best served, refer the granting of the permit directly to the city council for hearing thereon without taking further action.
E. 
The decisions of the city manager with respect to the application shall be final unless appealed to the city council as provided in this chapter.
(Prior code § 16-174)
Right to Hearing. Any person aggrieved by any decision of the city manager, or of any other officer of this city, made pursuant to the provisions of this chapter may request a hearing before the city council pursuant to Section 5.00.320 of this title.
(Added during 1990 codification)
A. 
Any permit granted or issued pursuant to the provisions of this chapter may be revoked after an administrative hearing before the city manager or a public hearing before the city council. A permit may be revoked under the following circumstances:
1. 
Where the city manager or city council finds and determines that the preservation of the public health, safety and welfare demand revocation of the permit;
2. 
Where the permittee has violated any provisions of this code; and
3. 
Where the permit has been granted pursuant to false or fraudulent information contained in the application;
4. 
Where the permittee has violated any of the terms or conditions of the permit.
B. 
Notice of revocation shall be mailed to the permittee, postage prepaid, stating grounds for the revocation, and providing a date within thirty days of the mailing of such notice for an administrative hearing before the city manager or a public hearing before the city council.
C. 
Written notice of the decision of the hearing shall be mailed to the applicant within ten days of the conclusion of the hearing. If the decision to revoke is from a hearing before the city manager, such notice of decision shall also inform the permittee that the decision shall be final and conclusive upon all matters in controversy unless an appeal is timely filed to the city council pursuant to the terms of Section 5.00.320 of this title.
(Prior code § 16-176)
Pending a revocation hearing pursuant to the terms of this chapter, a permit may be subject to immediate suspension if it is found necessary for the protection of the public health, safety or welfare. Such suspension shall only be instituted upon the recommendation of the local law enforcement agency or upon the recommendation of the city council. In the event of such a suspension, the city manager shall, within forty-eight hours after the suspension, cause to be served upon the permit holder a written statement containing the grounds for suspension and a notice of hearing to show cause before the city manager as to why the license should not be suspended pending revocation hearings. Such hearing before the city manager shall be held not later than five days following the service of the notice.
(Prior code § 16-177)
A fortunetelling permit, issued pursuant to the provisions of this chapter, which has not been suspended or revoked, may be renewed for a period of not to exceed one year on the written application to the city manager made at least thirty days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required by this chapter and shall be processed in accordance with the provisions of this chapter.
(Prior code § 16-179)
No permit shall be issued by the city manager to any fortunetelling business which fails to present any land use permit required by the Buena Park Zoning Ordinance or which has failed to comply with the provisions of any other regulation of this code having to do with such business. Compliance with any such land use permit or other regulation may be accomplished prior to, concurrently with or after the processing of an application pursuant to this chapter, however, under no circumstances shall the city manager release the permit required herein until the applicant has presented evidence of compliance with such other city regulations.
(Prior code § 16-181)
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 mindreading, mental telepathy, through 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, clergyman, priest, pastor or missionary 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.
(Prior code § 16-182)
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during which any violation of any provision of this chapter is committed, continued or permitted to continue by such person, and shall be punishable accordingly.
(Prior code § 16-183)
An action at law or in equity may be commenced in the name of the city in any court of competent jurisdiction against a permit holder to insure compliance with the terms and provisions of this chapter. All remedies prescribed hereunder shall be cumulative, and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
(Prior code § 16-184)
The city council declares that, should any provision, section, paragraph, sentence or word of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this chapter shall remain in full force and effect.
(Prior code § 16-185)