VI. Consumer Protection
Chapter 9.28
FORTUNETELLING
Sections:
9.28.030 Permits—Applications—Investigations.
9.28.040 Consideration by the council.
9.28.080 Penalty for violations.
9.28.010 Permits 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 permit therefor. (Urgency Ord. 520 § 2 (part), 1994).
9.28.020 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“For pay” means for a fee, reward, donation, loan, or receipt of anything of value.
“Fortunetelling” means and includes the 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, psychometry, phrenology, spirits, tea leaves, or 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. (Urgency Ord. 520 § 2 (part), 1994).
9.28.030 Permits—Applications—Investigations.
A. Applications. Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a permit with the police department. The application shall contain:
1. The name, home and business address, and home and business telephone number of the applicant;
2. The record of convictions for violations of the law, excluding minor traffic violations;
3. The fingerprints of the applicant on a form provided by the police department;
4. 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; and
5. An application fee in an amount established by resolution of the council.
B. Investigations. Upon the filing of the application, the police department shall investigate and make a 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 council. If the report recommends the denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein. At the time of the filing of the report and recommendation by the police department, a copy thereof shall be served personally or by certified mail on the applicant. (Urgency Ord. 520 § 2 (part), 1994).
9.28.040 Consideration by the council.
The council shall consider the application and the report and recommendation at a public hearing after the filing of the report and recommendation as provided for in Section 9.28.030. (Urgency Ord. 520 § 2 (part), 1994).
9.28.050 Granting of permits.
The council shall grant the permit if the council makes all of the following findings:
A. That all the information contained in the application and supporting data is true;
B. That the applicant has not been convicted of any violation of this chapter or any law relating to fraud or moral turpitude and is of good moral character;
C. That the applicant appeared in person at the hearing; and
D. That the applicant agrees to abide by and comply with all the conditions of the permit and applicable laws. (Urgency Ord. 520 § 2 (part), 1994).
9.28.060 Terms of permits.
The term of the permit shall be for no more than the term of a regular business license. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be accompanied by a fee established by resolution of the council. (Urgency Ord. 520 § 2 (part), 1994).
9.28.070 Exceptions.
The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstration of mind reading, mental telepathy, or 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. (Urgency Ord. 520 § 2 (part), 1994).
9.28.080 Penalty for violations.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail, not to exceed six months, or by both such fine and imprisonment. (Urgency Ord. 520 § 2 (part), 1994).