4-12
ASTROLOGY, PALMISTRY AND SIMILAR PRACTICES.1
4-12.1 Definitions.
As used in this section:
Astrology, practice of, shall mean the practice for hire of the science or pseudo science which treats of the influence of the stars upon human affairs and of foretelling terrestrial events by their position and aspects.
Fortuneteller’s license shall mean the authority issued to any person who practices palmistry, mediumship, astrology or fortunetelling within the City.
Fortunetelling shall mean the art or practice of divining or telling fortunes or of judging character, aptitudes and probabilities by any means other than palmistry, mediumship or astrology.
Mediumship shall mean the art, practice or profession of communicating with departed spirits by a person known as a “medium,” while in a state of trance, who imparts such communication for hire, whether it be done pursuant of a system of philosophy, religion, legerdemain or metaphysical science.
Original permit shall mean a permit to operate a palmistry, mediumship, astrology or fortunetelling business issued by the City Council pursuant to an application filed on or before May 1, 1967.
Owner shall mean each person having the ownership or control of a palmistry, mediumship, astrology or fortunetelling business and who operates or proposes to operate such a business within the City.
Owner’s permit shall mean the authority issued to an owner authorizing him to operate or have operated a palmistry, mediumship, astrology or fortunetelling business within the City.
Palmistry shall mean the art or practice for hire of divining or telling fortunes or of judging of character, aptitudes and probabilities by the lines, marks and mounts in the palm of the hand, including, but not limited to, the art of reading, or inferring a person’s character of his past or possible future from his hand.
Subsequent permit shall mean a permit issued by the City Council pursuant to an application filed therefor after May 1, 1967.
(Code 1972 §6-1)
PART A. OWNER’S PERMIT
4-12.2 When Required.
No person shall operate or permit to be operated a palmistry, mediumship, astrology or fortunetelling business owned or controlled by him within the City without obtaining an owner’s permit therefor as required by subsection 4-8.8a from the City Council, except that a person who held a permit and was licensed to operate a palmistry and fortunetelling business owned or controlled by him within the City shall be permitted to operate such a business until his application for an owner’s permit under this subsection has been acted upon by the City Council, or until the time for the filing of an application for an owner’s permit by him, as provided by this section, has expired and no application has been filed by him, whichever event occurs first. (Code 1972 §6-17)
4-12.3 Termination of Temporary Permits Existing Prior to May 1, 1967.
If any person holding a temporary owner’s permit shall fail to file an application for an owner’s permit under the provisions of this section on or before May 1, 1967, the temporary permit under which he is authorized to continue operation of his business shall forthwith cease and terminate. (Code 1972 §6-18)
4-12.4 Classes of Applicants.
All applicants for permits under the provisions of this section who file their applications on or before May 1, 1967, shall be known as “original applicants.” All who file applications subsequent to May 1, 1967, shall be known as “subsequent applicants.” (Code 1972 §6-19)
4-12.5 Original Application.
An application for a permit to conduct palmistry, mediumship, astrology or fortunetelling for hire shall be filed with the City Clerk, shall be in writing on forms provided by the City and shall be accompanied by the filing fee specified in subsection 4-8.8a for each permit required. The application shall be under oath, in duplicate, and shall contain:
a. A complete identification of the applicant.
b. The names, citizenship, residence and business addresses of any co-partners, including limited partners or, if an unincorporated association, the names and addresses of all the members of the association and the names of the officers and directors of the association and, if any of the officers or directors are not members of the association, their addresses; if an unincorporated religious association, church or other organization, the names and addresses of the members of the association, church, or other organization and the names of the minister, officers, directors and trustees or elders or deacons thereof, and if any of the foregoing are not members of the association, church or other organization, their addresses; or, if a corporation, the names, citizenship, residence and business addresses of the corporate officers thereof.
c. The name, residence and business address of the manager or person to be in charge.
d. If the owner of the business of palmistry, mediumship, astrology or fortunetelling is not the owner of the premises where the proposed business is to be conducted, the name, residence and business address and written consent of the owner of the premises, who shall indicate his consent by signing the application in the space provided.
e. The address and the particular room or rooms for which the permit is required.
f. The exact nature of the proposed business for which the permit is requested, and the name under which it is operated.
g. Whether or not the applicant, or persons referred to in paragraphs c. and d. of this subsection have had a permit for the same or similar business suspended or revoked anywhere, and, if so, the circumstances of the suspension or revocation.
h. Whether or not the applicant or any officer, director or member of applicant, as the case may be, has ever been convicted of a felony or any crime mentioned in subsection 4-12.8 and upon which the Chief of Police is required to investigate and report.
i. The hours of operation.
j. Such other information as the City may require.
(Code 1972 §6-20)
4-12.6 Filing Fee.
The filing fee for an owner’s permit required by this section shall be as prescribed in subsection 4-8.8a. (Code 1972 §6-21)
4-12.7 Subsequent Applications.
All of the provisions of this section applicable to original applications shall be equally applicable to subsequent applications except that an applicant for a permit who files his application after May 1, 1967, shall have the burden of proof at the hearing before the City Council that the public convenience and necessity requires an additional palmistry, mediumship, astrology or fortunetelling business in the City and, unless the City Council finds that an additional palmistry, mediumship, astrology or fortunetelling business in the City is required by public convenience and necessity, irrespective of the good qualifications of applicant and that he is fit, willing and able to conform to the provisions of this section, the permit shall be denied. (Code 1972 §6-22)
4-12.8 Investigation of Applicant.
a. The Chief of Police shall investigate and determine whether or not the applicant for an owner’s permit required by this section and all persons directly or indirectly interested in the permit or proposed business as owners, partners, officers, manager or other person to be in charge of the premises are reputed to be persons of good moral character; he shall also ascertain whether or not any of such persons has been convicted of a felony or any crime involving theft, embezzlement, bribery or moral turpitude, or have had a license or permit for a similar business suspended, cancelled or revoked.
b. The Chief of Police shall make a report of his findings to the City Manager and the City Manager shall review the report and make his own report to the City Council, incorporating, within his discretion, either the entire report of the Chief of Police or a summary thereof and his own recommendations.
c. The City may cause fingerprints to be taken of the applicant for an owner’s permit required by this section and any other persons referred to in this subsection.
d. If the Chief of Police should find, after investigation on his part as provided in this subsection, that the premises do not comply with the law or such use of the premises would result in a violation of law, he shall recommend that the application be denied. (Code 1972 §6-23)
4-12.9 Hearing on Application.
Upon the filing of the original application for a permit pursuant to this section, the City Clerk shall fix a time and place for a public hearing before the City Council which shall not be less than forty-five (45) days nor more than sixty (60) days from the date the application was filed in the office of the City Clerk. Notice of the date, time and place of such hearing shall be mailed by registered or certified mail to the applicant at the address shown in his application at least fifteen (15) days before the date of the public hearing and the City Clerk shall also post a copy of such notice in the lobby of City Hall at least fifteen (15) days before the date of the hearing. The City Clerk shall execute and file a declaration of mailing and posting. (Code 1972 §6-24)
4-12.10 Persons Eligible for Permit.
No permit shall be issued under this section until the following minimum requirements have been complied with:
a. It shall appear that neither the applicant nor any of the persons directly or indirectly interested in the permit or proposed business as owner, partner, member, officer, manager or other person to be in charge of the proposed business have ever been convicted of a felony or of a crime involving moral turpitude and are of a good moral character.
b. The applicant for the permit has complied with all the provisions of this section. (Code 1972 §6-25)
4-12.11 Issuance or Denial; Duration.
If the City Council finds that applicant for a permit pursuant to this section is fit, willing and able to conform to the provisions of this section, then the City Council, in its discretion, may issue a permit with a duration of one (1) year, renewable annually as provided in this section. (Code 1972 §6-26)
4-12.12 Renewal.
An owner’s permit issued pursuant to this section may be renewed only in the following manner:
a. Filing Application. Between September 1 and October 15 of each year during which the permit remains in effect, the applicant shall file in the office of the City Clerk an application for a renewal of the permit which shall be on forms furnished by the City, shall be in writing, under oath, in duplicate and shall contain all the information required by this section for original applications.
b. Renewal by the City Manager. The City Manager shall review a renewal application and make such investigation as he, in his discretion, shall deem necessary and if, in his judgment, the applicant is fit and has conformed to the provisions of this section and is able and willing to continue to do so, the City Manager shall issue a renewal of the permit. If, in the judgment of the City Manager from his investigation, the applicant is not fit or has not conformed to the provisions of this section, or appears unable or unwilling to conform to such provisions, he shall not renew such permit. The decision of the City Manager shall be in writing and shall be made within fifteen (15) days from the date the application for renewal is filed in the office of the City Clerk. A written copy of the decision of the City Manager shall be served upon the applicant either personally or by certified or registered mail by the City Manager forthwith.
c. Appeal. The applicant shall have the right to appeal the decision of the City Manager made pursuant to paragraph b. to the City Council by filing a written notice of appeal in the office of the City Clerk within ten (10) days from the date of the service upon him of a copy of such decision. After notice of appeal has been filed, the City Clerk shall set the date and place for the hearing of the appeal before the City council not more than thirty (30) days from the date of the filing of the notice of appeal. The City Clerk shall serve a notice in writing upon the applicant either personally or by registered or certified mail of the date, time, and place of the public hearing and such notice shall be served not less than five (5) days before the date set for the hearing. The City Council shall either affirm or reverse the decision of the City Manager on or before December 31 of the year during which the application was filed. The action of the City Council shall be final.
d. Filing of Application Within Stated Periods Jurisdictional. The filing of the application for renewal of a permit between September 1 and October 15 shall be jurisdictional and under no circumstances shall the City Clerk accept an application for filing after October 15.
(Code 1972 §6-27)
4-12.13 Suspension or Revocation.
a. Any permit issued under the terms of this section may be suspended or revoked at any time by the City Manager, after public hearing, due notice of which hearing shall be furnished the permittee, if the City Manager shall find, upon evidence heard, that:
1. The practice of palmistry, mediumship, astrology or fortunetelling by the permittee does not comport with the public peace, safety, morals or general welfare for any reason.
2. The permittee, any of his copartners or the one in charge of the business, if neither an owner or a copartner, or an officer, if the permittee is a corporation, or the manager or one in charge of the business, if not an officer of the corporation or, if an unincorporated association or organization, the minister, or one in charge of the association or organization, if not the minister, or if an incorporated organization or association, an officer thereof, or the minister, if not an officer, or the one in charge of the business, if neither an officer of the corporation, or the minister, has been convicted of a felony, or any crime involving theft, embezzlement, bribery or moral turpitude.
3. The permittee has failed to conform to the conditions of this section.
4. Any condition or fact exists which, if known at the time of the issuance of the permit, would have been grounds for denying the permit.
b. An appeal may be made to the City Council from any decision or determination of the City Manager made pursuant to paragraph a. and the time within which permittee shall give notice of appeal all the other procedure pertaining thereto shall be that provided by paragraph c. of subsection 4-12.12.
(Code 1972 §6-28)
PART B. FORTUNETELLER’S LICENSE
4-12.14 Activities Not Subject to Part B.
Nothing in this section shall be construed or understood as prohibiting the reading of palms or tea leaves, or fortunetelling at a private party, or as part of an entertainment of family or guests in a private dwelling, or at an entertainment or party sponsored by a bona fide lodge, service club, veterans’ organization, patriotic organization, student body, church or similar organization where no money or thing of value or other consideration is given or exchanged and such palmistry or fortunetelling is performed exclusively for entertainment or religious purposes. Nothing in this section shall be understood as prohibiting the practice of the science or pseudo-science of astrology which treats of the influence of the stars upon human affairs and of foretelling terrestrial events by their positions and aspects by persons in their homes, churches, or by bona fide societies, organizations or groups of persons in the City, if the practice is not carried on for profit, but is carried on only as a scientific or pseudo-scientific project, program or endeavor and no person gains or stands to gain any private profit therefrom. (Code 1972 §6-38)
4-12.15 When Required.
No person shall practice palmistry, mediumship, astrology or tell fortunes in the City, and no owner shall permit the practice of palmistry, mediumship, astrology or fortunetelling, unless the person practicing palmistry, mediumship, astrology or fortunetelling shall have then in force the fortuneteller’s license required by subsection 4-8.8, issued under the provisions of this section. (Code 1972 §6-39)
4-12.16 City Manager May Waive License.
If any person holds a valid owner’s permit under this section and also practices palmistry, astrology, mediumship or fortunetelling personally in connection with the business for which he holds a valid owner’s permit, the City Manager, in his discretion, may waive the requirements of Part B. (Code 1972 §6-40)
4-12.17 Fortuneteller’s License Application.
An application for a fortuneteller’s license shall be filed with the License Collector on forms provided by the City and the application shall be verified under oath and shall contain the following information:
a. The birthdate and the place of birth of applicant.
b. The experience of the applicant in practicing palmistry, mediumship, astrology or fortunetelling.
c. A concise history of applicant’s practice of palmistry, astrology, mediumship or fortunetelling.
d. Which of the four (4) categories mentioned in paragraph c. of this subsection applicant practices.
e. The educational background of the applicant.
f. The names and addresses of four (4) residents of the city who have known the applicant for a period of two (2) years and who will vouch for the honesty, integrity and general good character of the applicant.
(Code 1972 §6-41)
4-12.18 Persons Eligible for License.
No fortuneteller’s license shall be issued until the following minimum requirements have been complied with:
a. The applicant must not be less than twenty-one (21) years of age.
b. It shall appear that the applicant has never been convicted of a felony or any crime involving theft, embezzlement, bribery or moral turpitude. (Code 1972 §6-42)
4-12.19 Investigation of Applicant.
The City Manager shall conduct an investigation of each applicant for a fortuneteller’s license, and a report of his investigation and a copy of the applicant’s police record, if any, shall be attached to the application. (Code 1972 §6-44)
4-12.20 Action on Application; Appeal.
The City Manager shall, upon consideration of the application and the report attached, approve or reject the application. The applicant shall have the right to appeal the decision of the City Manager as provided by paragraph c. of subsection 4-12.12. (Code 1972 §6-45)
4-12.21 Issuance; Contents.
Upon approval of the application for a fortuneteller’s license, the City Manager shall issue a license to the applicant which shall bear the name, address, signature and photograph of the applicant. (Code 1972 §6-46)
4-12.22 Suspension or Revocation.
A fortuneteller’s license may be suspended or revoked at any time by the City Manager in the same manner and subject to the same conditions as provided by the suspension or revocation of an owner’s permit under this section, and all of the provisions of subsection 4-12.13 shall apply. (Code 1972 §6-47)
Cross references: Occupational licensing of astrology, palmistry and similar practices, §4-7; regulatory permit required for astrology, palmistry and similar practices, subsection 4-8.8a.