Note: Prior ordinance history: Ords. 13, 100 and 325.
It is unlawful for any person to conduct, or carry on, in exchange for any fee, consideration or thing of value, the business of fortunetelling, astrology, palmistry, phrenology, life reading, cartomancy, clairvoyance, crystal gazing, mediumship, prophecy, augury, divination, magic or necromancy without first obtaining a permit as required by this chapter.
(Ord. 707 § 1, 1998)
An applicant for a fortunetelling permit under this chapter must file with the city manager a sworn, written application on a form to be furnished by the city, which shall provide the following:
A. 
Name and physical description of the applicant;
B. 
Business and residence address of the applicant;
C. 
A brief description of the nature of the business or profession to be conducted by the applicant;
D. 
The driver's license number and date of birth of the applicant;
E. 
The location(s) of any other similar business which the applicant has operated or at which the applicant has been employed and the length of time at each such location;
F. 
A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing mariner;
G. 
A statement as to whether or not the applicant has been convicted of any felony, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment and/or penalty assessed therefor;
H. 
The applicant shall pay a fee, as established by city council resolution, for the cost of processing the application;
I. 
The applicant's fingerprints on a form provided by the Riverside County sheriffs office. Any fees for such fingerprinting service shall be paid by the applicant.
(Ord. 707 § 1, 1998)
A. 
Upon receipt of a complete application and payment of the permit fee, the city manager, or the city manager's designee, shall stamp the application as received and investigate the information contained in the application. This investigation shall include a criminal background check conducted by the Riverside County sheriffs department.
B. 
Within thirty days of receipt of the completed application, the city manager, or the city manager's designee, shall grant or deny the application and notify the applicant of this decision. The application shall be granted unless the city manager, or the city manager's designee, makes one or more of the following findings:
1. 
The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the permit application; or
2. 
The applicant has been convicted of a crime involving dishonesty or fraud.
C. 
The city manager, or the city manager's designee, shall deny a permit applicant if he or she makes one or more of the findings contained in subsection B of this section. If the permit is denied, the applicant shall be notified, in writing, of the grounds for the denial.
D. 
If the city manager, or the city manager's designee, fails to take action on the application within thirty days from the date the application is received, the application shall be deemed approved and the applicant may thereafter conduct a business regulated by this chapter.
(Ord. 707 § 1, 1998)
A. 
If, after a permit is issued pursuant to Section 9.52.020, the applicant is convicted of a crime described in Section 9.52.030, or if it is discovered that grounds for denying the applicant's application existed at the time the application was made, the city manager, or the city manager's designee, may revoke the application.
B. 
Before revoking a permit, the city manager, or the city manager's designee, shall provide written notice of the intent to revoke the permit to the permittee. The notice shall set forth the time, date and place for a hearing on the proposed revocation, the grounds for revocation and a brief statement of the facts supporting revocation. The notice shall be mailed, first-class postage prepaid to the permittee at the permittee's last known address, or delivered personally to the permittee, at least ten days before the hearing date.
C. 
The city manager, or the city manager's designee shall conduct the hearing in accordance with the following procedures:
1. 
All parties shall have the right to offer documentary and testimonial evidence relevant to the issue;
2. 
All parties shall have the right to be represented by counsel;
3. 
All parties shall have the right to cross-examine witnesses;
4. 
Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
D. 
The city manager, or the city manager's designee, may continue the hearing from time to time, but shall render his or her decision within ten days after the hearing is closed.
(Ord. 707 § 1, 1998)
Upon written notification of the denial or revocation of a permit, the applicant or permit holder may appeal denial or revocation within ten days after the date on which written notification is served upon the applicant or permit holder. Such appeal shall be in writing and filed with the city clerk. The city council shall hear and act upon such an appeal within thirty days of the date the appeal is filed. Filing of a notice of appeal shall not suspend the denial or revocation. If a decision to deny or revoke a permit is not appealed within the ten-day period, the decision of the city manager, or the city manager's designee, shall be final.
(Ord. 707 § 1, 1998)