No persons 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 chapter.
(Ord. 1250 § 1, 1985)
As used in this chapter:
means and includes 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, 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
or other similar means or act.
means for a fee, reward, donation, loan or receipt of anything
of value.
(Ord. 1250 § 1, 1985)
The application, investigation, and permit fees shall be as
from time to time set by resolution of the city council.
(Ord. 1250 § 1, 1985)
(a)
Any
person desiring to obtain a permit to operate or engage in any fortunetelling
business shall make application to the city business license collector.
A nonrefundable fee shall be paid to the city to defray, in part,
the cost of investigation and report required by this chapter.
(b)
The
application for permit does not authorize operation or engagement
in the fortunetelling business.
(Ord. 1250 § 1, 1985)
Each application for a fortunetelling permit shall contain the
following information:
(a)
The
full, true name and any other names used by the applicant;
(b)
The
present residential address and telephone number of the applicant;
(c)
The
address of the location at which the business is to be conducted;
(d)
The
previous business and residential addresses and telephone numbers
of the applicant, if any, for a period of five years immediately prior
to the date of the application and the dates at each;
(e)
The
applicant's height, weight, color of eyes and hair, date and place
of birth, and sex;
(f)
Two
photographs of the applicant at least two inches by two inches taken
within the last six months and fingerprints of the applicant on a
form provided by the police department;
(g)
Business,
occupation or employment history of the applicant for the five years
immediately preceding the date of application;
(h)
If
the applicant, in this or any other city, state, or territory has
ever had license or permit of any kind, revoked or suspended, or the
applicant has ever been subject to disciplinary action by the issuer
of such license or permit, the reason therefor, and the business activity
or occupation subsequent to such action of suspension or revocation;
(i)
All
convictions within the last five years of any crime involving dishonesty,
fraud, deceit, or moral turpitude;
(j)
Such
other identification and information as the business license collector
may reasonably require in order to discover the truth of the matters
required to set forth in the application;
(k)
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of any individual applicant under this chapter, but only one application fee shall be charged.
|
Any individual who will perform fortunetelling for an applicant's
business, as an employee, independent contractor, or volunteer, shall
complete and sign all application forms in the same manner as an applicant,
and a separate fee shall be charged for each such individual.
|
(Ord. 1250 § 1, 1985)
Upon the filing of the application, it shall be referred 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
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 collector, a copy thereof shall be mailed
to the applicant, accompanied by a notice that the applicant may request
to be heard when the business license collector considers the application
and report. Said notice shall state the date, time and place where
applicant may appear before the business license collector.
(Ord. 1250 § 1, 1985)
The business license collector 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. Notice
of the time and place of the hearing shall be given to all parties
by the business license collector at least three days prior to the
hearing. The applicant for the permit may attend the hearing. Any
interested party shall be heard upon a reasonable request. 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 fact and a determination of the issues presented.
Unless the applicant agrees in writing to an extension of time, the
business license collector shall make his order denying or granting
or conditionally granting the permit 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. 1250 § 1, 1985)
The business license collector shall grant the permit if all
the requirements for the permit have been met and it has been found
that:
(1)
All
the information contained in the application and supporting data is
true;
(2)
The
applicant has not, within the previous two years, been convicted of
any violation of this chapter or any law relating to fraud or moral
turpitude;
(3)
The
applicant agrees to abide by and comply with all conditions of the
permit and applicable laws.
(Ord. 1250 § 1, 1985)
Any applicant who is dissatisfied with the decision of the business license collector may appeal that decision to the city council pursuant to the provisions of Chapter 2.05 of this code.
(Ord. 1250 § 1, 1985)
If the business license collector grants the permit, he shall
thereafter issue said permit only after the applicant has paid the
permit fee and has posted with the city clerk a good and sufficient
surety bond in the principal amount of fifteen thousand dollars executed
as surety by a corporate surety in the state 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 or customer of the applicant within the city during
the term of the permit. The permit fee and term of bond shall be prorated
between date of issuance and date of expiration.
(Ord. 1250 § 1, 1985)
The term of the permit shall be the same as the term of a regular
business license. A renewal application shall be filed not later than
thirty days prior to the expiration of the permit and shall be processed
in the same manner as a new application.
(Ord. 1250 § 1, 1985)
The provisions of this chapter shall not apply to any person
engaged solely in the business of entertaining the public by demonstrations
of mind-reading, mental telepathy, thought conveyance, the giving
of horoscopic readings or similar activities 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. 1250 § 1, 1985)
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 (hereinafter 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 subsection (3) of this section, 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 herein defined.
(2)
The
minister holding a certificate of ordination from such bona fide church
or religious association, shall file with the business license officer,
a declaration under penalty of perjury which states the minister's
name, age, street address, and telephone number in this city where
the activity set forth herein is to be conducted.
(3)
Such
bona fide church or religious association, as defined in (1) of this
section, 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.
(Ord. 1250 § 1, 1985)
A psychic activities permit, issued by the business license collector shall be revoked or suspended where it is found that the permittee has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this chapter or upon termination of the bond required herein. Revocation proceedings shall be conducted as prescribed by Section 5.72.030.
(Ord. 1250 § 1, 1985)
The city council declares a violation of this chapter to be
a public nuisance.
(Ord. 1250 § 1, 1985)
