"Fortunetelling"
means the telling of fortunes, forecasting the future, or
furnishing any information not otherwise obtainable by the ordinary
process of knowledge, by means of any astrology, phrenology, chiromancy,
cartomancy, psychology, crystal gazing, divination, prophecy, augury,
occult or psychic powers, telepathy, clairvoyance, clairaudience,
numerology, psychometry, spirits, mediumship, tea leaves or other
such reading, seership, palmistry, necromancy, biochart, faculty,
force, mind-reading, or any other similar craft, art, science, cards,
talisman, charm, potion, magnetism, magnetized article or substance,
or magic of any kind or nature.
(14-07)
An applicant for a permit for a fortuneteller shall provide:
A. The
applicant's name, home and business address, home and business telephone
numbers, and driver's license number or government-issued identification
card number.
B. A copy
of any fictitious business name statement under which the applicant
is operating or intends to operate.
C. The
name or names under which the permittee will be identifying him or
herself to the public.
D. Written
proof that the applicant is over the age of 18 years.
E. Written
statements of at least two persons that the applicant is of good moral
character.
F. Applicant's
height, weight, color of eyes and hair.
G. Two
portrait photographs of at least two inches by two inches, taken within
two years of the application.
H. Business,
occupation or employment history of the applicant for the three years
immediately preceding the application.
I. Copies
of business and professional licenses of the applicant, and a statement
whether the applicant has had a permit or license for any business
or similar activity issued by this or any other city, by the County,
or by the State revoked or suspended, the reason therefor and the
business activity or occupation subsequent to such action or suspension
or revocation.
J. The
record of all convictions for violation(s) of the law, except for
minor traffic violations, and the reasons therefor.
(14-07)
No permittee or persons required by Section
5.38.020 of this chapter to obtain a permit shall hire or employ a fortuneteller unless that person possesses a valid permit under Section
5.38.020.
(14-07)
No holder of a permit under this chapter shall conduct or operate
a fortunetelling establishment, or engage in any activity requiring
a permit under this chapter, between the hours of 10:30 p.m. and 7:00
a.m. of any day.
(14-07)
If a permit is issued, it shall be issued after the payment
of required fees, and after the applicant has posted a surety bond
with the license clerk in the principal sum of $10,000 executed as
surety by a good and sufficient corporate surety authorized to do
surety business in the State of California. The form of the bond shall
have been approved by the City Attorney. The bond shall be to ensure
good faith and fair dealing on behalf of the applicant and is a guarantee
of indemnity for any and all loss, damage, theft or other unfair dealings
suffered by any patron of the applicant within the City during the
term of the permit. Alternatively, a cash bond may be posted.
(14-07)
A copy of the fortunetelling permit issued to the permittee
shall be posted in a conspicuous place on the premises described in
the permit. It shall contain an endorsement indicating that the City
by issuing the permit neither condones nor endorses the activity of
fortunetelling.
(14-07)
If any provision or clause of this chapter or any application
of it to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of this chapter
which can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are declared to be
severable.
(14-07)