"Fortunetelling"
means 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, biorhythms, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, 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 § 5-068)
A. 
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 license from the Police Chief of the City.
B. 
It is a misdemeanor to violate any of the terms and conditions of a license issued pursuant to this chapter or any of the regulations and provisions within this chapter. Each day such a violation or violations occur shall constitute a separate offense.
(Prior code § 5-069)
Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a license with the Chief of Police. 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 Stockton Police 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. 
An application fee of $100.00.
(Prior code § 5-069.1)
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. After the investigation is completed, a report and recommendation shall be made in writing to the Chief of Police. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth. If after 14 days no report has been submitted to the Chief of Police, a provisional license may be issued which will be effective until the investigation is complete and the recommendation by the Chief of Police has been made.
(Prior code § 5-069.2)
A. 
The Chief of Police shall approve the issuance of the license if:
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 in California or other jurisdiction.
B. 
If the Chief of Police approves the license, the City shall thereafter issue the permit upon payment of the annual fee required by Section 5.08.310.
(Prior code § 5-069.3)
There shall be posted in every fortunetelling establishment, in letters and numbers plainly visible from all parts thereof, signs specifying the fees charged for services rendered by the licensee.
(Prior code § 5-069.4)
The action of the Chief of Police in denying a license issued pursuant to this chapter shall be subject to an appeal to the City Manager. Notice of such appeal shall be filed with the City Clerk within 10 days after denial of said license. Upon failure to file such notice within the 10-day period, the action of the Chief of Police in denying such license shall be final and conclusive.
(Prior code § 5-069.5)
Any applicant for a license adversely affected by the action of the City Manager pursuant to this chapter may appeal said decision to the City Council. Notice of such appeal shall be filed with the City Clerk within 10 days from the decision of the City Manager.
(Prior code § 5-069.6)
A. 
The Chief of Police shall have the right to revoke or suspend a license granted pursuant to the provisions of this chapter:
1. 
Upon discovery of any false or misleading statement in the application or any material misrepresentation by the applicant in procuring the permit; or
2. 
If a licensee or any agent or employee thereof violates, permits, allows, or causes the violation of any of the provisions of this chapter.
B. 
Suspension or revocation of a license granted pursuant to the provisions of this chapter shall be made only after a hearing granted to the holder of such license before the Chief of Police, after five days' notice to said licensee, setting forth the grounds of the complaint against said licensee and stating the time and place where such hearing will be held. The action of the Chief of Police in this respect shall be subject to an appeal to the City Manager. Notice of such appeal shall be filed with the City Clerk within 10 days after the revocation or suspension. Upon failure to file such notice within the 10-day period, the action of the Chief of Police in revoking or suspending the license shall be final and conclusive.
C. 
A licensee adversely affected by the action of the City Manager pursuant to this chapter, may appeal said decision to the City Council. Notice of such appeal shall be filed with the City Clerk within 10 days from the decision of the City Manager.
(Prior code § 5-069.7)
The term of the license shall be for no more than the term of a regular business license. A renewal application shall be filed no later than 30 days prior to the expiration of the license and shall be processed in the same manner as a new application.
(Prior code § 5-069.9)
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, thought conveyance, or the giving of horoscopic readings, at the 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 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 (B)(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 defined in this subsection.
2. 
The minister holding a certificate of ordination from such bona fide church or religious association as defined in this subsection, shall file with the Chief of Police a certified copy of the minister's certificate of ordination with the minister's name, age, street address, and phone number in this City where the activity set forth in this subsection is to be conducted.
3. 
Such bona fide church or religious association, as defined in this subsection, 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.
(Prior code § 5-070)