For the purpose of this article, the following terms shall have the following meanings unless it is clear from the context that a different meaning is intended:
"Fortunetelling"
means the telling of fortunes or forecasting of futures in exchange for a fee, reward, donation, loan or receipt of anything of value. Fortunetelling includes uses where fortunes are told by means of astrology, phrenology, cartomancy, tea reading, clairvoyance, clairaudience, crystal gazing, hypnotism, mesmerism, mediumship, palmistry, spirits, etherealization, numerology, physiognomy, psychometry, seership, prophecy, augery, divination, magic, necromancy, talisman, charm, potion, magnetism, magnetized article or substance of any kind or nature. Fortunetelling does not include forecasting based on historical trends or patterns, an analysis of contemporary events, nor any of the previously listed arts when presented in an assembly of people who purchase tickets or meals in exchange for the presentation at a site licensed for entertainment land uses.
"Person"
means and ncludes any individual, partnership, corporation, association of persons or entity.
"Sheriff's Department"
means the law enforcement agency of the City.
(Prior code § 7-18.1; Ord. 21-1722 § 2)
No person shall conduct, engage in, carry on, participate in or practice the business of, or art of fortunetelling or cause the same to be done without having first obtained a permit from the Director.
(Prior code § 7-18.2; Ord. 1509 §§ 8, 9, 2000; Ord. 21-1722 § 2)
A. 
No person shall be required to pay any fee or obtain a permit for exercising any religious function or practice when such person holds a certificate of commission, accreditation or ordination as a minister, missionary, clergyman or accredited representative (collectively referred to as minister) from any bona fide church or religious association having a creed or set of religious principles that are recognized by all churches or religious associations of like faith. Any church or religious association, which is organized for the primary purpose of conferring certificates of commission accreditation or ordination for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief, shall not be deemed to be a bona fide church or religious association. This exemption applies provided that:
B. 
The fees, emoluments and profits shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined above; however, such bona fide church or religious association may pay its ministers a salary or compensation based upon a percentage basis, pursuant to a written agreement between the church and the minister.
C. 
The minister shall file with Director a declaration of the minister's name, address, and telephone number in this City where the religious function or practice is to be conducted.
(Prior code § 7-18.3; Ord. 1509 §§ 8, 9, 2000; Ord. 21-1722 § 2)
Every person prior to conducting, engaging in, carrying on or practicing fortunetelling shall file a verified application for a permit with the Director. The application shall be accompanied by a nonrefundable fee in the sum of $550. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following:
A. 
The legal name of the applicant accompanied by appropriate proof of such legal name;
B. 
Any other name or names to be used as part of the business or practice;
C. 
The applicant's home address and phone number and, if known, business address and phone number;
D. 
The record of conviction for violations of law, excluding minor traffic violations, of the applicant;
E. 
The fingerprints of the applicant on a form provided by the Sheriff's Department;
F. 
Two, one and one-half inch by one and one-half-inch photographs of the applicant;
G. 
The address, city and state, and approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.
(Prior code § 7-18.4; Ord. 1509 §§ 8, 9, 2000; Ord. 21-1722 § 2)
A. 
Upon filing the application, it shall be referred by the Director to the Sheriff's Department for investigation to verify the facts contained in the application and any supporting data. The Sheriff's Department shall determine whether the applicant has ever been convicted of a crime other than a minor traffic violation. A written report of the Sheriff's Department's findings shall be filed with the Director. A copy shall be served by mail or personally on the applicant.
B. 
For the purposes of this section or any other provisions of this article, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. The record of a conviction, or a copy certified by the Clerk of the Court or by a Judge of the Court in which the conviction occurred, shall be conclusive evidence of the conviction.
(Prior code § 7-18.5; Ord. 1509 §§ 8, 9, 2000; Ord. 21-1722 § 2)
A. 
The Director shall approve the issuance of the permit if he or she makes all of the following findings:
1. 
All information contained in the application and supporting data is true and correct;
2. 
The applicant has not within the previous two years been convicted of any law relating to fraud or theft; and
3. 
The applicant agreed to abide by and comply with all conditions of the permit and this chapter.
B. 
If the permit is denied, notice of denial, stating the reasons for denial, shall be served upon the applicant either by personal service or registered or certified mail, return receipt requested.
C. 
If the Director approves the permit, the permit shall be issued when the business license fee as required in Section 5.60.210 has been paid.
D. 
The term of the permit shall not exceed one year. A renewal application shall be processed in the same manner as a new application.
E. 
The Director, in his or her discretion, may grant a permit for a period of less than one year, and may impose reasonable conditions upon the granting of such permit as, in the discretion of the Director, based upon the application, the report and any other evidence received, are necessary for the protection of the public health, safety and welfare.
(Prior code § 7-18.6; Ord. 1509 §§ 8, 9, 2000; Ord. 21-1722 § 2)
The applicant shall pay a fee for engaging in the business of fortunetelling in an amount which the City Council shall establish by resolution.
(Prior code § 7-18.7; Ord. 21-1722 § 2)
A. 
Any permit issued under the terms of this article may be revoked at any time by the Director, after a hearing, due notice of which shall be furnished the permittee, if the Director finds that the permittee breached any term or condition in this article or in the issued permit. After hearing all evidence and testimony, the Director shall have the power to either revoke the permit or impose reasonable conditions on the continued use under the permit which are necessary for the protection of the public's health, safety and welfare.
B. 
Notice of the revocation of permit or added conditions, stating the reason for revocation or added conditions, shall be served upon the permittee either by personal service or registered or certified mail, return receipt requested.
(Prior code § 7-18.10; Ord. 1509 §§ 8, 9, 2000; Ord. 21-1722 § 2)
A. 
A written appeal may be made to the City Council from any decision or determination of the Director.
B. 
The written appeal shall be filed with the City Clerk within 10 calendar days following the service upon the applicant or permittee of a notice of denial or revocation of permit or added conditions to the permit.
C. 
Upon receipt of a written appeal from the applicant or permittee, the City Clerk shall schedule a hearing before the City Council at the earliest practicable date and shall give notice of the time and place of hearing to the permittee either by personal or registered or certified mail, return receipt requested.
(Prior code § 7-18.11; Ord. 1509 §§ 8, 9, 2000; Ord. 21-1722 § 2)
Every person who violates any of the terms or conditions of a permit issued pursuant to this article or any of the regulations or provisions within this article shall be guilty of a misdemeanor. Each and every day such violation or violations occur or continue shall be a separate offense.
(Prior code § 7-18.12; Ord. 21-1722 § 2)