The business of fortunetelling includes every person 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 or without pay, 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, card, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mystery or magic of any kind or nature or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter. Excepted from the provisions of this section are the following:
A. 
The provisions of this chapter shall not apply to any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations of mind reading, mental telepathy, thought conveyance or the giving of horoscopic readings at public places 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 person from the payment of the applicable license fee, if any, required to be paid by the licensing provisions of Chapters 5.04 and 5.08.
B. 
No person shall be required to pay any fee or take out any license for carrying on the art of reading tea leaves in a bona fide, regularly established restaurant for the purpose of amusement of the patrons of the restaurant where no charge for such reading is made.
(Prior code § 5-9.01)
A. 
Except as provided in Section 5.04.140, no person shall perform an act described in Section 5.32.010 of this chapter without first having fully complied with the terms of this chapter. Such person, in addition, shall comply with all sections of this code regulating and licensing the conduct of businesses within the city limits.
B. 
The provisions of this chapter shall not be construed to prohibit or interfere with the exercise of any religious or spiritual function of any priest, minister, rector or any 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 ecclesiastical laws of a religious corporation incorporated under the laws of any state or territory of the United States of America, or any voluntary religious association and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which he is affiliated. Any 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, shall not be deemed to be a bona fide church or religious organization.
(Prior code § 5-9.02)
The council finds and declares that the practice of fortunetelling and related conduct has historically been characterized by problems involving a lack of candor questionable veracity and, occasionally, criminality. Therefore, this chapter is adopted to protect the public health, safety and welfare through the institution and application of regulatory licensing controls.
(Prior code § 5-9.03)
Each person who seeks to perform any of the acts described in Section 5.32.010 of this chapter shall first obtain and hold a current business license for such purpose. In order to obtain such license, in addition to satisfying the requirements set forth in Chapter 5.04 and 5.08, each person shall comply with the following requirements:
A. 
Applications. Each application for a license shall be upon a form provided by the police department and shall be submitted to the police department. Each such form shall require the applicant to provide the following information:
1. 
A definition of the service to be provided and the address of the location where such service is to be provided, including a mailing address if different from the business address;
2. 
The name, location and mailing address of the employing company or sponsoring organization, if any;
3. 
If the applicant is a corporation, the name and residence address of each of the officers and directors of such corporation and of each stockholder owning more than ten percent of the stock of the corporation;
4. 
The name and residence address of each of the partners, including limited partners;
5. 
The name and residence address of the applicant;
6. 
The previous addresses, if any, of the applicant during the five years prior to the date of the application;
7. 
The employment history of the applicant, including the names and addresses of previous employers or sponsoring organizations for which the applicant has worked or with which the applicant was affiliated;
8. 
The history of the applicant in the conduct of fortunetelling or related enterprises, including, but not limited to, whether or not such person, in previously operating in this or another city or state under a license, has had such license revoked or suspended and the reason therefor;
9. 
The applicant's height, weight, sex and color of eyes and hair:
10. 
The applicant's sources of identification, such as a driver's license and Social Security card number;
11. 
One photograph of the applicant and a complete set of the applicant's fingerprints, which shall be taken by the police department;
12. 
A complete description of all criminal convictions, except traffic infractions, which description shall include the date of conviction, the nature of the offense and the jurisdiction in which such convictions occurred;
13. 
Each application shall be accompanied by a certificate from a medical doctor stating that the applicant has been examined and found to be free of tuberculosis; and
14. 
Such other identification and information as is necessary to discover the truth of the matters specified in this subsection required to be set forth in the application.
B. 
Investigation Fees. Each application for a license shall be accompanied by an investigation fee in the amount of $50, no part of which shall be refundable. Such fee is intended to compensate the issuing authority for a portion of the expense of conducting the investigation required by this section. Such fee shall not be in lieu of and shall be in addition to any business license fee required to be paid pursuant to the provisions of Chapters 5.04 and 5.08.
C. 
Issuance or Denial. The director of finance, upon the recommendation of the police department, shall issue such license if, based upon an investigation and reports, it is found:
1. 
That the operation as proposed by the applicant, if licensed, would comply with all applicable laws;
2. 
That the applicant has not been convicted in a court of competent jurisdiction of:
a. 
An offense involving the use of force or violence upon the person of another,
b. 
An offense involving the elements of fraud or theft,
c. 
A crime requiring registration under Section 290 of the Penal Code of the state or of any violation of Sections 311 through 311.7, 314, 315, 316, 318 or 647(a), (b) or (d) of said Penal Code,
d. 
A violation of the Health and Safety Code of the state relating to possession for sale or sales of controlled substances, or
e. 
Any of the substantive offenses set forth in this subsection as defined in the laws of any jurisdiction other than the state;
3. 
That the applicant possesses a certificate from a medical doctor stating that the applicant has been examined and found to be free from tuberculosis; and
4. 
That the applicant has not knowingly, and with intent to deceive, made any false, misleading or fraudulent statement of fact in the license application or any other document required by the city in conjunction therewith.
If one or more of the findings set forth in this subsection cannot be made, such license shall be denied. In the event of denial, notification and the reasons for denial shall be set forth in writing by the director of finance and shall be sent to the applicant by means of registered or certified mail or hand delivery. The denied applicant, upon the submission of his or her written request, shall have the right to receive a hearing before the council. If such hearing is not requested within ten days after the date of the mailing or hand delivery of the notice of denial by the director of finance, the denial shall be final.
D. 
Term. Each license issued pursuant to this section shall be valid for one year after the date of issuance, unless suspended or revoked at an earlier time.
E. 
Renewal. If, prior to the expiration date of a currently valid license, the licensee applies for the renewal of such license, the director of finance shall grant such renewal, provided all the facts set forth on the original application are substantially the same, and provided such application is accompanied by a fee in the sum of $25 no part of which shall be refundable. If all the facts set forth in the original application are not substantially the same, the applicant for renewal shall comply with all the requirements set forth in this chapter for an initial application for a license.
F. 
Regulations. No person licensed pursuant to the provisions of this chapter shall:
1. 
Transfer such license to another person;
2. 
Perform the permitted act or acts pursuant to a license originally issued to another person; or
3. 
Perform the permitted act or acts in a manner inconsistent with or in violation of laws.
G. 
Suspension and Revocation. Any license issued pursuant to this chapter shall be subject to suspension or revocation by the director of finance for the violation of any provision of this chapter or for grounds which would warrant the denial of the issuance of such license in the first instance.
H. 
Appeals. In the event of the suspension or revocation of any license issued pursuant to this chapter, notification and the reasons for such suspension or revocation shall be set forth in writing by the director of finance and shall be sent to the applicant by means of registered or certified mail or hand delivery. Within ten days after any suspension or revocation of such license, the person aggrieved may appeal such action to the council by filing a written request for a hearing with the city manager. Upon the filing of such request, the city manager shall set a time and place for a hearing and shall notify the appellant thereof. The hearing shall be set within 30 days after the request is filed. At the hearing any person may present evidence in opposition to or in support of the appellant's case. The suspension or revocation of a license shall be stayed pending the decision of the council on appeal. At the conclusion of the hearing the council shall either grant or deny the appeal and the decision of the council shall be final.
(Prior code § 5-9.04)