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.
(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)