Chapter 5.04
FORTUNETELLING AND RELATED PRACTICES
Sections:
5.04.030 Permit – Application.
5.04.040 Permit – Investigation.
5.04.050 Permit – Hearing and decision.
5.04.060 Permit – Required findings.
5.04.010 Definitions.
As used in this chapter:
A. “For pay” means for a fee, reward, donation, loan or receipt of anything of value.
B. “Fortunetelling” means and 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, 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, or magic, of any kind or nature. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 406 § 1, 1985)
5.04.020 Permit – Required.
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 fortunetelling permit. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 406 § 1, 1985)
5.04.030 Permit – Application.
Every natural person who wishes, for pay, to conduct, engage in, carry on, or practice fortunetelling must file a separate verified application for a fortunetelling permit with the finance director. The application shall contain the following:
A. The name, home and business address, and home and business telephone 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 police department;
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;
E. A nonrefundable fee to cover the city’s costs of processing of the application in an amount as established by resolution of the city council;
F. Any other such information reasonably required by the finance director. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 406 § 1, 1985)
5.04.040 Permit – Investigation.
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 fourteen 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 ground 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 served personally or by certified mail on the applicant, accompanied by a notice to the applicant that he or she may request to be heard when the finance director considers the application and report. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 406 § 1, 1985)
5.04.050 Permit – Hearing and decision.
The finance director shall consider the application and the report and recommendation at a hearing held on or before the seventh day after filing of the report and recommendation referred to in PVEMC 5.04.040. 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 shall be required to 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, supported by substantial evidence 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 or her order denying or granting or conditionally granting the permit within twenty-four hours after completion of the hearing on the application for a permit and shall notify the applicant of his or her action by personal service or certified mail. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 406 § 1, 1985)
5.04.060 Permit – Required findings.
The finance director shall grant the permit if he or she makes all the following findings:
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 appeared in person at the hearing; and
D. The applicant agrees to abide by and comply with all conditions of the permit and applicable laws. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 406 § 1, 1985)
5.04.070 Permit – Issuance.
If the finance director grants the permit, the officer shall thereafter issue the permit only after the applicant has paid the required business tax. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 406 § 1, 1985)
5.04.080 Permit – Term.
The term of the permit shall be for no more than the term of the business tax receipt as described in this chapter. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 406 § 1, 1985)
5.04.090 Exemptions.
A. This chapter shall not apply to the licensed practice of psychology, psychotherapy, counseling, hypnotherapy or any other related licensed healing art regulated pursuant to the California Business and Professions Code.
B. 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, or the giving of horoscopic readings at public places and in the presence of and within the hearing of all 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. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 406 § 1, 1985)