"For pay"
shall mean for a fee, reward, donations, loan or receipt
of anything of value.
"Fortune telling"
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, prophesy, 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.
(Prior code § 3-10.1)
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 Clerk. 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 Sheriff's
Department;
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. Obtain
and submit the written consent of the property owner.
(Prior code § 3-10.3)
Upon the filing of the application, it shall be referred by
the City Clerk 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 Council within
30 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 the filing
of the report and recommendation with the Council, a copy thereof
shall be served personally or by certified mail by the City Clerk
on the applicant, accompanied by a notice that the applicant may request
to be heard when the Council considers the application and report.
(Prior code § 3-10.4)
A. The
Council shall approve the issuance of the permit if they find:
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 Title 9 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
Council shall deny the permit only if it cannot make each of the findings
set forth above.
C. If the
Council approves the permit, the City Finance Officer must issue the
permit after either of the following:
1. The
applicant has posted with the City Clerk, surety bond in the principal
sum amount of $10,000 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
must be approved by the City Attorney and must be 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.
2. Alternately,
in lieu of the surety bond as provided in Subsection (C)(1) of this
section, the applicant may post, with the City, a cash bond in the
sum of $2,000 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. The form of the bond
must be approved by the City Attorney and given to insure good faith
and fair dealing on the part of the applicant.
D. The
term of the permit shall be for no more than the term of a regular
business tax certificate. A renewal application shall be filed no
later than 30 days prior to the expiration of the permit and shall
be processed in the same manner as a new application.
(Prior code § 3-10.6; Ord. 1336 § 13, 5/8/17)
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 Title 9, the
Council may conduct a hearing upon five days written notice to the
applicant to determine whether the permit should be revoked.
(Prior code § 3-10.7)
A. The
provisions of this chapter do 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
is required to 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, clairvoyant,
or other recognized representative of a bona fide religious organization
(collectively, representative) maintaining a religious facility and
holding regular assemblies; provided that:
1. Except
as otherwise provided, the fees, gratuities, emoluments, and profits
collected must be paid solely to or for the benefit of the bona fide
religious association.
2. The
representative of such bona fide religious association must file with
the City Clerk a certified copy of the representative's contact information
and identify where the activities will be conducted.
(Prior code § 3-10.8; Ord. 1319 § 4, 10/10/16; Ord. 1336 § 14, 5/8/17)
Fortune telling shall only be permitted in the CO and CG Zones
of the City.
(Prior code § 3-10.10)