Chapter 5.60
FORTUNE-TELLING
Sections:
5.60.040 Permit – Application.
5.60.050 Permit – Investigation – Issuance.
5.60.010 Definitions.
A. “For pay” means for a fee, reward, donation, loan or receipt of anything of value.
B. “Fortune-telling” 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, clairaudience, 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, crystal gazing, oriental mysteries or magic, of any kind or nature. (Ord. 1609 § 2, 1985.)
5.60.020 Prohibitions.
No person shall conduct, engage in, carry on, participate in or practice fortune-telling 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. (Ord. 1609 § 2, 1985.)
5.60.030 Exceptions.
The provisions of CMC 5.60.020 shall not be construed to include, prohibit or interfere with the exercise of any religious or spiritual function of any priest, minister, rector or an 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 rights and practices prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which they are affiliated; provided, however, that 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. (Ord. 1609 § 2, 1985.)
5.60.040 Permit – Application.
Before any permit is issued pursuant to this chapter, an application for such permit shall be filed with the finance director, shall be signed and verified by the applicant and accompanied by the fee required and shall set forth the following:
A. The name, home and business address, and home and business phone number of the applicant;
B. The record of conviction for violations of the law, excluding minor traffic violations;
C. The fingerprints of the applicant on a form provided by the city;
D. The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others. (Ord. 1609 § 2, 1985.)
5.60.050 Permit – Investigation – Issuance.
The police chief and such other department heads as may be requested, within a reasonable time after filing of an application, shall conduct such investigation as they may deem necessary concerning the application and the business proposed to be conducted and report their findings to the finance director. After such investigation and report, the finance director shall issue such permit if he finds the following to be true:
A. That all material facts in the application have been truthfully stated;
B. The applicant has not, within the previous six months, 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 this chapter. (Ord. 1609 § 2, 1985.)
5.60.060 Permit – Fees.
The fee for issuing any permit under this chapter and the fee which shall be submitted with the application for permit under this chapter shall be established by the city council on occasion by resolution. (Ord. 04-1906 § 8, 2004; Ord. 1609 § 2, 1985.)
5.60.070 Term of permit.
The term of the permit shall be for no more than the term of the corresponding term for business licenses. A renewal application shall be filed no later than 30 days prior to the expiration of the permit and shall be processed in the same manner as a new application. (Ord. 1609 § 2, 1985.)
5.60.080 Bond required.
Prior to the issuance of a fortune-telling permit and a business license for fortune-telling, the applicant shall have paid the application fee, the license fee required by Chapter 5.04 CMC, and shall have posted with the city clerk a surety bond in the principal amount of $10,000 executed as surety by a good and sufficient corporate surety business 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 ensure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for all loss, damage, theft, or other unfair dealings suffered by any patron of the applicant within the city during the term of the permit. (Ord. 1609 § 2, 1985.)