From and after the effective date of the ordinance codified in this chapter, no person shall conduct or carry on, in exchange for any fee, consideration or thing of value, the business of fortunetelling, astrology, palmistry, phrenology, life reading, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, prophecy, augury, divination, magic or necromancy without first obtaining a permit as required by this chapter.
(Ord. 93-19 N.S. § 2, 1993)
A. 
Application. An applicant for a fortunetelling permit under this chapter must file with the chief of police a sworn, written application on a form to be furnished by the police department, which shall provide the following information:
1. 
Name and description of the applicant;
2. 
Address, both business and residential;
3. 
A brief description of the nature of the business or profession to be conducted;
4. 
Driver's license number and date of birth of applicant;
5. 
The location(s) of any other similar business which the applicant has operated or at which the applicant has been employed, and the length of time at each such location;
6. 
A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
7. 
Evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;
8. 
A statement as to whether or not the applicant has been convicted of any felony, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and
9. 
The payment of a fee, as established by the city council, for the cost of the investigation.
B. 
Investigation and Issuance.
1. 
The application shall be referred to the chief of police who shall cause such investigation, including fingerprinting of the applicant, to be made as necessary for the protection of the public good.
2. 
If, as a result of such investigation, the applicant is found to have committed one or more of the acts described in BMC § 9.20.030(A) through (D), the chief of police shall disapprove such application, and state in writing reasons for the same and return the application to the applicant.
3. 
If, as a result of such investigation, none of the conditions in BMC § 9.20.030(A) through (D) are found, the chief of police shall approve the application. Upon payment of the permit fee, the chief of police shall issue the permit to the applicant. Such permit shall contain the signatures of the issuing officer and shall show the name and address of the permittee, the class of permit issued, the amount of fee paid, the date of issuance and the length of time the same shall be operative. The police department shall keep a permanent record of all permits issued.
(Ord. 93-19 N.S. § 2, 1993)
Upon submission of an application for renewal of a permit under this chapter, or at any time during the existence of said permit, the chief of police may conduct an investigation of the holder of said permit, may deny the application for renewal, or may suspend or revoke said permit upon a finding that the holder of said permit:
A. 
Has been convicted of any crime which is substantially related to the qualifications, functions or manner of operation of the activities governed by this chapter;
B. 
Has done any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or another, or substantially injure another;
C. 
Has knowingly made a false statement of fact required to be revealed in any application for a permit or any renewal thereof; or
D. 
Has failed to pay any fees required by this code for said permit.
(Ord. 93-19 N.S. § 2, 1993)
Upon written notification of the denial of an application for renewal of a permit, or upon suspension or revocation of said permit, the holder of said permit may appeal said denial, suspension or revocation in accordance with the provisions of Chapter 1.44 BMC. The filing of a notice of appeal shall not suspend said denial, suspension or revocation. If no appeal is filed, the decision of the chief of police shall be final.
(Ord. 93-19 N.S. § 2, 1993; Ord. 07-40 § 1)