[1961 Code, § 15C.1; Ord. 935; Ord. 967]
No person shall conduct, engage in, carry on, participate in, or practice fortunetelling 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.
[1961 Code, § 15C.2; Ord. 935; Ord. 967]
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOR PAY
For a fee, reward, donation, loan or receipt of anything of value.
FORTUNETELLING
Includes telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, 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, crystal gazing, oriental mysteries or magic of any kind or nature or other similar means or act.
[1961 Code, § 15C.12; Ord. 935; Ord. 967]
Prices for any and all services offered by an individual engaged in fortunetelling and psychic activities shall be prominently displayed within the area where the normal activities of the business are conducted.
(A) 
All letters, figures or numerals on each sign required by this section, however, affixed, marked, imprinted, placed or embossed shall be at least one and one-quarter inches in height and all lines or mark used in the making or forming of all such letters, figures or numerals which are a part of the sign shall be at least one-eighth-inch in width.
(B) 
All letters, figures or numerals which are a part of each such sign shall be plainly legible, and of like color or tint and such color or tint shall contrast with the background and other parts of the sign.
[1961 Code, § 15C.13; Ord. 935; Ord. 967]
The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of mind-reading, mental telepathy, thought conveyance, the giving of horoscopic readings or similar activities at public places and in the presence of and within the hearing of all other persons in attendance, 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.
[1961 Code, § 15C.14; Ord. 935; Ord. 967]
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) from 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:
(A) 
Except as provided in division (C) of this section, the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as herein defined.
(B) 
The minister holding a certificate of ordination from such bona fide church or religious association shall file with the Finance Director, a declaration under penalty of perjury which states the minister's name, age, street, address and telephone number in this city where the activity set forth herein is to be conducted.
(C) 
Such bona fide church or religious association, as defined in this section may pay to its ministers a salary or compensation based upon a percentage 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.
[1961 Code, § 15C.16; Ord. 935; Ord. 967]
The City Council hereby declares a violation of this chapter to be a public nuisance.
[1961 Code, § 15C.3; Ord. 935; Ord. 967]
The application, investigation and permit fees shall be as from time to time set by resolution of the City Council.
[1961 Code, § 15C.4; Ord. 935; Ord. 967]
(A) 
Any person desiring to obtain a permit to operate or engage in any fortunetelling business shall make application to the City Finance Director. A nonrefundable fee shall be paid to the city to defray, in part, the cost of investigation and report required by this chapter.
(B) 
The application for permit does not authorize operation or engagement in the fortunetelling business.
[1961 Code, § 15C.5; Ord. 935; Ord. 967]
Each application for a fortunetelling permit shall contain the following information:
(A) 
The full, true name and any other names used by the applicant;
(B) 
The present residential address and telephone number of the applicant;
(C) 
The address of the location at which the business is to be conducted;
(D) 
The previous business and residential addresses and telephone numbers of the applicant, if any, for a period of five years immediately prior to the date of the application and the dates at each;
(E) 
The applicant's height, weight, color of eyes and hair, date and place of birth, and sex;
(F) 
Two photographs of the applicant at least two inches by two inches taken within the last six months and fingerprints of the applicant on a form provided by the Police Department;
(G) 
Business, occupation or employment history of the applicant for the five years immediately preceding the date of application;
(H) 
If the applicant, in this or any other city, state, or territory has ever had license or permit of any kind, revoked or suspended, or the applicant has ever been subject to disciplinary action by the issuer of such license or permit, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
(I) 
All convictions within the last five years of any crime involving dishonesty, fraud, deceit or moral turpitude;
(J) 
Such other identification and information as the Finance Director may reasonably require in order to discover the truth of the matters required to be set forth in the application;
(K) 
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than 5% of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this division pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged;
(L) 
Any individual who will perform fortunetelling for an applicant's business, as an employee, independent contractor or volunteer, shall complete and sign all application forms in the same manner as an applicant, and a separate fee shall be charged for each such individual.
[1961 Code, § 15C.6; Ord. 935; Ord. 967]
Upon the filing of the application, it shall be referred to the Police Department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the finance director within 30 days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein. At the time of the filing of the report and recommendation with the Finance Director, a copy thereof shall be mailed to the applicant, accompanied by a notice that the applicant may request to be heard when the Finance Director considers the application and report. The notice shall state the date, time and place where applicant may appear before the Finance Director.
[1961 Code, § 15C.7; Ord. 935; Ord. 967]
The Finance Director shall consider the application and the report and recommendation at a hearing held on or before the seventh day after the filing of the report and recommendation. Notice of the time and place of the hearing shall be given to all parties by the Finance Director at least three days prior to the hearing. The applicant for the permit may attend the hearing. Any interested party shall be heard upon a reasonable request. The decision of the Finance Director to grant or deny the permit or conditionally grant the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the Finance Director shall make his order denying or granting or conditionally granting the permit within 24 hours after completion of the hearing on the application for a permit and shall notify the applicant of his action by personal service or certified mail.
[1961 Code, § 15C.8; Ord. 935; Ord. 967]
The Finance Director shall grant the permit if all the requirements for the permit have been met and it has been found that:
(A) 
All the information contained in the application and supporting data is true;
(B) 
The applicant has not, within the previous two years, been convicted of any violation of this chapter or any law relating to fraud or moral turpitude;
(C) 
The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.
[1961 Code, § 15C.9; Ord. 935; Ord. 967]
Any applicant who is dissatisfied with the decision of the Finance Director may appeal that decision to the City Council pursuant to the provisions of § 110.13.
[1961 Code, § 15C.10; Ord. 935; Ord. 967]
If the Finance Director grants the permit, he shall thereafter issue the permit only after the applicant has paid the permit fee and has posted with the City Clerk a good and sufficient surety bond in the principal amount of $15,000 executed as surety by a corporate surety in the state and as a 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 any patron or customer of the applicant within the city during the term of the permit. The permit fee and term of bond shall be prorated between date of issuance and date of expiration.
[1961 Code, § 15C.11; Ord. 935; Ord. 967]
The term of the permit shall be the same as the term of a regular business license. A renewal application shall be filed not later than 30 days prior to the expiration of the permit and shall be processed in the same manner as new application.
[1961 Code, § 15C.15; Ord. 935; Ord. 967]
A psychic activities permit, issued by the Finance Director shall be revoked or suspended where it is found that the permittee has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this chapter or upon termination of the bond required herein. Revocation proceedings shall be conducted as prescribed by § 116.04.