For purposes of this chapter the following terms, phrases, words
and their derivations, shall have the meanings given in this section.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
singular number, and words in the singular number include the plural
number. The word “shall” is always mandatory and the word
“may” is permissive.
means a license issued by the Finance Office upon payment
of a tax by an applicant who has successfully obtained the necessary
permits from the required city agencies.
includes every medium advertising by sign, circular, handbill,
newspaper, periodical, magazine or other publication, or by any other
means whatsoever, the telling of fortunes, forecasting of futures
or furnishing any information not otherwise obtainable by the ordinary
processes of knowledge, for a gift, fee or other consideration, by
means of any occult or psychic power, faculty or force, clairvoyance,
clairaudience, cartomancy, psychology, psychometry, phrenology, spirits,
mediumship, seership, prophecy, 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. Excepted from the aforementioned definition are the following:
This chapter shall not be construed to include, prohibit or
interfere with the exercise of any religious or spiritual function
of any priest, minister, rector, or an accredited representative of
any bona fide church or religion where such priest, minister, rector,
or accredited representative holds a certificate of credit, commission,
or ordination under the laws of any state or territory of the United
States of America or any voluntary religious association, and who
conforms to the rights and practices prescribed by the supreme conference,
convocation, convention, assembly, association or synod of the system
or faith with which they are affiliated; provided, however, that such
church or religious organization which is organized for the primary
purpose of conferring certificates of commission, credit or ordination
for a price and not primarily for the purpose of teaching and practicing
a religious doctrine or belief, is not deemed to be a bona fide church
or religious organization.
means a person who carries on, practices or professes to
practice the business of fortune-telling.
includes any individual, firm, partnership, corporation,
or other business entity and/or association of persons of any description.
(Ord. 1002 § 2, 1986)
The purpose of this chapter is to regulate the operation of
the business of fortune-telling in the City in the interest of the
public welfare and to prevent possible consumer fraud.
(Ord. 1002 § 2, 1986)
No Medium shall engage in the business of Fortune-Telling within
the City, or offer such services within the City, without first obtaining
a permit from the Chief of Police, as provided in this Chapter, and
then obtaining a business license from the Finance Department as provided
in this Title. Permits shall be issued for a period not exceeding
one year.
(Ord. 1002 § 2, 1986)
Applications for permits shall be accompanied by a receipt showing
that the applicant has paid to the director of finance a nonrefundable
processing fee as set forth in the Master Fee Schedule of the City,
adopted by Resolution of the City Council, and shall be on a form
provided by the Chief of Police, which shall require, but not be limited
to, the following:
(a)
The
name, home address and present business address of the applicant;
(b)
The
date and place of birth of the applicant;
(c)
The
address of the proposed location for the conduct of the business in
the City;
(d)
Whether
the applicant has ever been convicted of a crime, and if so, the nature
of the offense, excluding minor traffic violations;
(e)
Employment
or business record for the previous five years;
(f)
Fingerprints
of the applicant on a suitable form (to be taken by the Police Department);
(g)
Two
one and one-half inch by one and one-half inch photographs of the
applicant taken within six months of the application;
(h)
The
fingerprints of all partners, agents or employees of the applicant,
(to be taken by the Police Department); and
(i)
Such
other and further information as the Chief of Police may find necessary
to process the application.
(Ord. 1002 § 2, 1986)
(a)
Upon
receipt of an application for a Fortune-Telling Business Permit, the
Chief of Police shall cause such application to be reviewed to determine
whether or not it is complete. If the application does not contain
all of the required information, it shall be returned to the applicant
for completion.
(b)
When
an application has been submitted and it is determined to be complete,
the Chief of Police shall cause an investigation to be made into the
background of the applicant, and all partners, agents or employees
for whom fingerprints have been submitted and regarding the information
contained in the application, and shall retain a written report of
the results of that investigation.
(c)
The
Chief of Police shall either grant or deny the application for a Fortune-Telling
Business Permit within 60 days after said application is accepted
by him as complete. The Chief of Police shall provide the applicant
with written notice of his decision by placing same in the U.S. Mail,
certified, return receipt requested, postage prepaid.
(Ord. 1002 § 2, 1986)
The Chief of Police shall issue a permit if he determines that the applicant’s proposed current operation complies with the provisions of this Chapter, applicable City ordinances, and the laws of the State, or shall deny a permit if the proposed operation does not so comply. If the Chief of Police issues a permit, he shall execute it and forward it to the director of finance for issuance of a business license and delivery to the applicant. The permit shall be issued only to those individuals submitting to the Permit Application procedure specified in Sections 6.80.040 and 6.80.050 of the ordinance and shall not be transferable to any other individual. Only individuals possessing a valid permit shall be authorized to engage in the business of Fortune-Telling. The term of the permit shall be for one year. If the Chief of Police denies the permit, the applicant may appeal the denial as set forth in this Chapter.
(Ord. 1002 § 2, 1986)
The Chief of Police shall deny the permit if:
(a)
The
applicant has previously been convicted of a felony, or any offense
involving theft, embezzlement, criminal fraud or moral turpitude;
or
(b)
The
applicant is a person under the age of 18 years; or
(c)
The
applicant, his agent or employee, or any person connected or associated
with the applicant, as partner, director, officer, stockholder, associate
or manager has committed, aided or abetted in the commission of any
act or omission which if committed by Permittee would be grounds for
suspension or revocation of a permit; or
(d)
The
applicant, his agent, or employee, or any person connected or associated
with the applicant as partner, director, officer, stockholder, associate
or manager has been refused a permit, or has had a permit revoked
by this City.
(Ord. 1002 § 2, 1986)
If the Chief of Police determines that the permittee has failed to comply with the provisions of this Chapter, or other applicable City ordinances or applicable provisions of the laws of the State, he may suspend or revoke the permit, which suspension or revocation may be appealed by the permittee as set forth in Section 6.80.110. Suspension shall be for a period of not exceeding 30 days, except the Chief of Police may reasonably extend the period of suspension pending Permittee’s performance of the necessary acts to comply with the provisions of this Chapter, other applicable City ordinances or laws of the State. Ten days prior to the issuance of an order suspending or revoking the permit, the Chief of Police shall give the permittee written notice of Intention to Suspend or Intention to Revoke, as applicable, and recite therein the reasons for the suspension or revocation. The notice shall provide that the Permittee may appear before the Chief of Police to show cause why the permit should not be suspended or revoked.
(Ord. 1002 § 2, 1986)
It shall be grounds for suspension or revocation of a permit
if any Permittee, his agent or employee or any person connected or
associated with the Permittee as a partner, director, officer, stockholder,
general manager, or person who is exercising managerial authority
of, or on behalf of, the Permittee has:
(a)
Knowingly
made any false, misleading or fraudulent statement of material fact
in an application for a permit, or any report or record required to
be filed with the Police Department; or
(b)
Violated
any provision of this Chapter or any statute relating to this permitted
activity; or
(c)
Failed
to obtain a current, valid license to do business in the City; or
(d)
Been
convicted of a felony or any crime involving theft, embezzlement,
criminal fraud or moral turpitude; or
(e)
Published,
uttered or disseminated any false, deceptive or misleading statements
or advertisements in connection with the operation of the fortune-telling
business; or
(f)
Violated
any rule or regulation adopted by the City Council related to Permittee’s
business specifically including, but not limited to, the applicable
provisions of Titles 6 and 20 of this Code.
(Ord. 1002 § 2, 1986)
(a)
Permittee
may appeal the denial, suspension or revocation of permit by filing
a written notice of appeal with the city manager within ten days after
the date of such denial or of a notice of intention to suspend or
notice of intention to revoke issued by the chief of police.
(b)
Upon
receipt of said notice of appeal, the city manager shall set a date
for hearing said appeal, which date shall be within twenty days after
receipt of appellant’s notice of appeal. The city manager, or
his designee, shall conduct the hearing on the appeal. Written notice
of the time and place of the hearing shall be given to the appellant
at least ten days prior to said hearing by placing same in the U.S.
mail, postage prepaid, certified return receipt requested.
(c)
Hearings
on appeals from denial of fortune-telling permits shall be conducted
informally and need not be conducted according to technical rules
related to evidence and witnesses. The chief of police and the permittee
may appear at the hearing. The city manager shall retain final authority
to rule on procedural matters or on other points which affect the
length and conduct of the hearing.
(d)
Hearings on appeals from suspensions or revocations of fortune-telling permits shall be conducted in accordance with the guidelines as set forth in subsection (c) above, except that sworn testimony shall be taken and a transcript made of the proceedings.
(e)
The
city manager shall render his decision within thirty days after the
date of the hearing. The city manager’s decision shall be final
and no appeal shall be taken to the city council.
(Ord. 1002 § 2, 1986)
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter, is guilty of a misdemeanor and upon conviction such person shall be punished as provided in Chapter 1.24 of this code.
(Ord. 1002 § 2, 1986)
