as used in this chapter shall include the profession, business
or art of astrology, palmistry, phrenology, life-reading, fortunetelling,
cartomancy, clairvoyance, crystal gazing, mediumship, spirit photography,
spirit writing, spirit voices, spirit materialization, etherealization,
prophecy, augury, divination, magic, necromancy, fortunetelling by
handwriting analysis, or other similar profession, business or art.
(Ord. 48-85)
A.
The
provisions of this chapter shall not apply to any persons 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 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, when not conducted in connection with the business
of telling fortunes. Nothing in this section, however, shall be construed
as exempting any such person from the payment of the applicable permit
fee, if any, required to be paid by the provisions of this code.
B.
No person
shall be required to pay any fee or take out any license for conducting
or participating in any religious ceremony or service when such person
holds a certificate of ordination as a minister, missionary, medium,
healer, or clairvoyant from any bona fide church or religious association
maintaining a church and holding regular services and have a creed
or set of religious principles that is recognized by all churches
of like faith; provided, however, that the fees, gratuities, emoluments,
and profits thereof shall be regularly accounted for and paid solely
to or for the benefit of the church or religious associations; provided
further, that the person holding a certificate of ordination from
such bona fide church or religious association, as set forth in this
section, shall, before practicing the profession specified in this
chapter, file with the Business Services Coordinator a certified copy
of his certificate of ordination with his or her name, age, and street
address in this City where he or she intends to carry on the business.
Such bona fide church or religious association, as defined in this
section, may, however, pay to its ministers, missionaries, mediums,
or workers a salary or compensation based upon a percentage basis;
provided, that the agreement between the church and the minister,
missionary, medium or worker, is embodied in a resolution and transcribed
in the minutes of such church or religious association.
(Ord. 48-85)
A.
No persons shall conduct, engage in, carry on, teach, participate in, or practice fortunetelling or cause the same to be done for pay without having first obtained a permit from the Chief of Police, through the Business Services Coordinator, and without having posted and maintained in full force and effect a surety bond as required in Section 5.55.070(B)(3).
B.
No person
shall violate any of the terms or conditions of a permit issued pursuant
to this chapter nor any of the regulations and provisions within this
chapter. Each day such violation or violations occur shall constitute
a separate offense.
(Ord. 48-85)
The fees required to be paid pursuant to this chapter shall
be set by resolution of the City Council.
(Ord. 48-85)
Application for a permit to engage in fortunetelling shall be made to the Business Services Coordinator on forms provided by the Business Services Coordinator, which application shall contain the information set forth in Section 5.32.010 of this code.
(Ord. 48-85)
The Chief of Police shall cause each applicant to be fingerprinted
and photographed, a record of which shall be kept in the office of
the Chief of Police. The applicant shall pay the amount set by the
State for processing the fingerprints. The Chief of Police shall cause
an investigation of each applicant to be made to determine if such
applicant has committed any act that if done by a permittee would
be grounds for revocation or suspension of a permit, or if such applicant
has been convicted of a felony or any crime that has substantial relationship
to the permitted business.
(Ord. 48-85)
A.
The Chief of Police shall approve or deny the permit based upon the grounds set forth in Section 5.32.080 and the location where the applicant intends to engage in fortunetelling complies with all applicable health, safety and zoning requirements. Approval or denial of the permit shall be completed within 45 days after a properly completed application has been submitted by the applicant.
B.
The
Business Services Coordinator shall thereafter issue the permit when:
1.
The
application has been approved by the Chief of Police.
2.
The
required fees have been paid.
3.
There
shall have been posted with the Finance Department a surety bond in
the principal sum of $5,000.00 dollars executed as surety by a good
and sufficient corporate surety authorized to do surety business in
this state and as a principal by the applicant which shall have been
approved by the City Attorney as to form, which bond shall have been
given to insure good faith and fair dealing on the part of the applicant
and as a guarantee of indemnity for any and all loss, damage, injury,
theft or other unfair dealing suffered by any patron of the applicant
within the City during the term of the permit.
(Ord. 48-85)
If the Chief of Police, following an investigation, determines that the applicant does not fulfill the requirements for a permit, the permit shall be denied. Notice of denial and the right to hearing before the City Manager shall be as provided in Section 5.32.070 of the Orange Municipal Code.
(Ord. 48-85)
The grounds for revoking a permit to engage in fortunetelling and the appeal process in the event of such revocation shall be as set forth in Chapter 5.34 of the Orange Municipal Code.
(Ord. 48-85)
The terms and conditions governing other business permits as set forth in Chapter 5.32 of the Orange Municipal Code shall be applicable to permits to engage in fortunetelling.
(Ord. 48-85)
