(a) 
It is unlawful for any person to conduct, engage in, carry on, participate in or practice fortunetelling or psychic services or cause the same to be done for pay, without having first obtained a permit therefor and without having posted and maintained in full force and effect a surety bond as required by this chapter.
(b) 
No person shall conduct a fortunetelling or psychic service business at a location that is not in accord with Title 25 of this code, nor shall any person conduct a fortunetelling or psychic service business at any address or location other than the address or location listed on the application and for which the permit is issued.
(Ord. 1310 § 1, (1985); Ord. 1484 § 2, (1993); Ord. 1753 § 3, (2005))
For the purpose of this chapter the following words shall have the meanings as hereinafter set forth:
"For pay"
means for a fee, reward, donation, loan or receipt of anything of value.
"Fortunetelling"
means telling of fortunes, forecasting of futures or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic power, faculty, force, clairvoyance, clairaudiance, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic of any kind or nature.
(Ord. 1310 § 1, (1985); Ord. 1484 § 2, (1993))
Any person desiring a fortuneteller's permit shall first make application therefor by filing with the license collector a sworn application in writing on a form to be furnished by the license collector which shall give the following information:
(a) 
Name, residence and telephone number;
(b) 
The previous address of the applicant for the five years immediately prior to the present address of the applicant;
(c) 
Social Security number and driver's license number if any;
(d) 
Birth certificate or other written proof acceptable to the police department that the applicant is at least 18 years of age;
(e) 
Fingerprints (taken by the police department for criminal history investigation);
(f) 
Applicant's height, weight, color of eyes and hair;
(g) 
Business, occupation or employment of the applicant for the five years immediately preceding the date of application;
(h) 
The business license and permit history of the applicant; whether such person, in previously operating in this or another city or state, under license or permit has had such license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspensions or revocation;
(i) 
Whether such person has ever been convicted of any crime, except misdemeanor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained and the sentence imposed as a result of such conviction;
(j) 
Such other identification and information necessary to discover the truth of matters hereinabove specified as required to be set forth in the application;
(k) 
The application will also include a separately signed waiver and release authorizing the city of Burlingame, its agents, and employees to seek information and to conduct an investigation into the truth of the statements made on the application.
(Ord. 1310 § 1, (1985); Ord. 1484 § 2, (1993))
At the time of application for a permit applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code. No business license shall be issued until the investigation is completed and the permit is approved. The business license shall be issued upon payment of the business license fee as provided in Chapter 6.04 of this code.
(Ord. 1310 § 1, (1985); Ord. 1484 § 2, (1993))
The applicant shall post with the city clerk, a surety bond in the principal sum amount of $10,000 executed as surety by a good and sufficient corporate surety authorized to do a surety business in the state of California and as principal by the applicant. The form of the bond shall have been approved by the city attorney and 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, theft or other unfair dealings suffered by an by patron of the applicant within the city during the term of the permit and for a period of five years from and after the date of the permit issued, or any renewal thereof.
(Ord. 1484 § 2, (1993))
All applications for permits shall be accompanied by an investigation fee as established by resolution adopted by the city council from time to time, no part of which is refundable, and a surety bond meeting the requirements of this chapter. Additional fees may be charged to cover costs of processing the applicant's fingerprints by the state of California. Upon receipt of said application, the license collector shall refer the application to the police department which shall make a written recommendation to the license collector within 30 days, provided that said 30 days may be extended for such period as may be necessary to obtain fingerprint records from the appropriate state agency.
(Ord. 1484 § 2, (1993); Ord. 1823 § 7, (2008))
The police department shall issue such permit if all required information has been furnished and the report filed finds that:
(a) 
The character of the applicant is satisfactory;
(b) 
The establishment as proposed, if permitted, would comply with all applicable laws, including, but not limited to, the city's zoning regulations;
(c) 
The applicant has not been convicted of any violation of this chapter or of any law relating to fraud or moral turpitude.
(d) 
The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent oral or written statements in his or her application or to any person investigating his or her application. The permit shall be denied if all of the above findings cannot be made or if all of the information required is not supplied to the city. If denied, the reasons therefor shall be endorsed upon the application, and the police department shall notify the applicant thereof by first class mail.
(Ord. 1484 § 2, (1993))
In the event a permit has been denied, applicant shall have 10 days from the date of mailing the notice within which to appeal to the city council by filing a written application for a public hearing with the clerk of the city. Notice and a public hearing shall be given as follows:
(a) 
Upon receipt of the appeal, the city clerk shall set the matter for hearing before the council, at a regular meeting thereof, within 30 days from the date of filing the appeal and shall give written notice such hearing to the applicant at his or her address set forth in the appeal by first class mail at 10 days prior thereto;
(b) 
On the date set, the council shall hear the matter, and may continue it from time to time before reaching a decision. If the council finds that the applicant has satisfactorily met all of the requirements of this chapter, it shall order the issuance of the permit and business license. If it finds that the requirements have not been met satisfactorily, it shall deny the permit and license;
(c) 
All findings of the council shall be final and conclusive upon the applicant.
(Ord. 1484 § 2, (1993))
Any permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of, or for causing or permitting violation of any provision of this chapter or for any grounds that would warrant the denial of such permits in the first instance or upon termination or revocation of the bond required by this chapter.
Prior to the suspension or revocation of any permit issued under this chapter, the permittee shall be entitled to a hearing before the city manager or his or her designated representative, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the notification of the reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of first class mail.
In the event of suspension or revocation of any permit, the permittee may appeal to the city council in the manner as provided in Section 6.38.080.
(Ord. 1484 § 2, (1993))
Each person issued a permit under this chapter shall have it in his or her possession, and it shall be displayed to any person upon request.
(Ord. 1484 § 2, (1993))
(a) 
The provisions of this section 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 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 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.
(b) 
No person shall be required to pay any fee or take out any permit 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, hereinafter collectively referred to as minister, form any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles that is recognized by all churches of like faith, provided that:
(1) 
Except as provided in subsection (b) of this section, the fees, gratuities, emoluments and profits here shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association as defined in this subsection (b);
(2) 
The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection (b) shall file with the license collector a certified copy of the minister's certificate of ordination with the minister's name, age, street address and phone number in this city where the activity set forth in this subsection (b) is to be conducted;
(3) 
Such bona fide church of religious association, as defined in this subsection (b), may pay to its ministers a salary or compensation based upon a percentage of basis pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.
(Ord. 1484 § 2, (1993))