Chapter 4.08
FORTUNETELLING
Sections:
4.08.030 Application procedure.
4.08.050 Permit—Grounds for suspension and revocation.
4.08.060 Permit—Suspension and revocation.
4.08.010 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
“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, mystical or supernatural power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves, kau cim, pendulum or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, divination 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 for pay.
“Person” means only natural persons. (Ord. 16-08 § 1 (part): Ord. 23-86 § 1)
4.08.020 Permit—Required.
It is unlawful for any person to engage in the business of fortunetelling within the city without first obtaining a permit therefor as provided herein. (Ord. 16-08 § 1 (part): Ord. 23-86 § 2)
4.08.030 Application procedure.
A. Information to be Submitted. Permit applicants must file with the Chief of Police a sworn application in writing on a form to be furnished by the Chief of Police which shall require the following information:
1. Applicant’s true name and any other names the applicant has gone by;
2. Permanent home address and full local address of applicant for the last five years;
3. The address at which the applicant proposes to conduct the business;
4. Evidence of a conditional use permit allowing applicant to engage in fortunetelling at the address indicated on the application;
5. The fingerprints of the applicant on a form provided by the Police Department;
6. A copy of the applicant’s driver’s license or other state-issued identification card; and
7. A statement as to whether or not the applicant has been convicted within the last five (5) years of any crime, including violation of any municipal ordinance, involving the elements of fraud.
B. Fees. The application and any renewal application shall be accompanied by a fee to cover administrative costs. No part of such fees shall be refunded whether such permit is issued or not. The application fee and the renewal fee shall be as established by resolution.
C. Investigation. The Chief of Police shall examine all applications and shall make or cause to be made such further investigation of the application and the applicant as the Chief of Police shall deem necessary in order to perform his duties under this chapter. (Ord. 16-08 § 1 (part): Ord. 23-86 § 3)
4.08.040 Permit—Issuance.
A. Within forty-five (45) days of receipt of a complete application for a permit, the Chief of Police shall issue the permit unless he finds that the applicant has not complied with the provisions of this chapter or has been convicted of a crime involving the elements of fraud within the last five (5) years.
B. Term of Permit—Renewal. The term of the permit shall be for one (1) year. A renewal application shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application.
C. Transferability of Permit. Any permit issued under this chapter shall be nontransferable.
D. Display of Permit. The permit shall be displayed at the applicant’s place of business. (Ord. 16-08 § 1 (part): Ord. 23-86 § 4)
4.08.050 Permit—Grounds for suspension and revocation.
The conviction of any person to whom a permit has been issued of any crime, including the violation of any municipal ordinance, involving the elements of fraud shall be grounds for revocation of said permit, pursuant to the procedures set forth in Section 4.08.060 of this chapter. (Ord. 16-08 § 1 (part))
4.08.060 Permit—Suspension and revocation.
Whenever it is shown that any person to whom a permit has been issued has violated any of the provisions of this chapter, the Chief of Police shall immediately suspend the permit and give the permit holder a written notice in person or by mail of the suspension and of a hearing to be held by the Chief of Police within three (3) working days of such suspension, to determine whether or not the permit should be revoked. The notice must contain a statement of the facts upon which the Chief of Police has acted in suspending the permit. (Ord. 16-08 § 1 (part): Ord. 23-86 § 5. Formerly 4.08.050)
4.08.070 Appeal procedure.
Any applicant who is denied a permit or whose permit has been revoked may appeal the denial or revocation to the City Manager in accordance with the provisions of Section 1.04.050. The City Manager shall, conditionally or otherwise, either grant, deny, reinstate or refuse to reinstate such permit. (Ord. 16-08 § 1 (part): Ord. 23-86 § 6. Formerly 4.08.060)
4.08.080 Permit exemptions.
A. Entertainment. The provisions of this chapter shall not apply to any person engaged solely 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 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.
B. Religious Practice. 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 or 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 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. (Ord. 16-08 § 1 (part): Ord. 23-86 § 7. Formerly 4.08.070)