Chapter 5.30 FORTUNETELLING

Chapter 5.30
FORTUNETELLING

Sections:

5.30.010 Permit required.

A. It is unlawful for any person, whether as principal, servant, agent or employee, to engage in the business, profession, occupation or calling of clairvoyance, palmistry, astrology, spiritism or fortune telling of any kind or nature, by whatsoever name called, without first procuring the permit provided for by this chapter.

B. It is unlawful for any person, whether as principal, servant, agent or employee, to advertise or solicit by newspaper, advertisement, public display, circular, sign, letter or card or otherwise in behalf of any business, profession, occupation or calling mentioned in subsection A of this section, unless said person shall have first procured the permit provided for by this chapter. (Ord. 1272 § 2 (part), 1999)

5.30.020 Application for permit.

A. Application for the permit required by this chapter shall be filed with the Chief of Police, together with the fee set forth in the City’s master fee resolution, verified by the oath of the applicant and shall contain the following information:

1. The full true name under which the business will be conducted.

2. The present or proposed address where the business is to be conducted.

3. The applicant’s full, true name, and other names used, date of birth, California driver’s license number or California identification number, Social Security number, present residence address and telephone number. The sex, height, weight, color of hair, and color of eyes. Such other identification and information shall be provided as required by the Chief of Police or his representative, necessary to discover the truth of the matters specified and required in the application.

4. The applicant’s residences inclusive of dates at each address, for the last five years.

5. The applicant’s business, occupation, and employment history for five years preceding the date of application, and the inclusive dates of same.

6. The permit history of the applicant, whether such person has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license, whether the permit or license was revoked or suspended; or if a vocational or professional license or permit was issued, revoked, or suspended and the reason therefor.

7. All convictions for any crime involving conduct which requires registration under California Penal Code Section 290, or convictions of California Penal Code Sections 314, 315, 316, 318, 647(b), (as now written or as amended), or convictions of crimes designated in Government Code Section 51032(b), or any crime involving dishonesty, fraud, deceit, violence or moral turpitude. Convictions under the laws of other states or countries which proscribe the same conduct as the afore designated California crimes shall be provided. Convictions that have been expunged must be reported.

8. A complete definition of all services to be provided.

9. Acceptable written proof that the applicant is at least eighteen years of age.

10. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation.

11. If the applicant is a partnership, the application shall set forth the names and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner.

12. The applicant, corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer/employee. Such person shall complete and sign all application forms required of an individual applicant under this chapter. The corporation’s or partnership’s responsible managing officer must, at all times, meet all of the requirements set for permittees by this chapter or the corporation or partnership permit shall be suspended until a responsible managing officer who meets such requirements is designated. If no such person is found within ninety days, the corporation or partnership permit is deemed canceled and a new application for permit must be filed.

13. The Chief of Police or his/her authorized representative may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Fingerprinting will be taken at a place designated by the Chief of Police. Any required fingerprinting fee will be the responsibility of the applicant.

14. Two photographs of the applicant and managing responsible officer to be taken by the police department.

15. A description of any other business to be operated on the same premises, or on adjoining premises, owned, or controlled by the applicant.

16. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a fortune telling establishment will be located on his/her property.

17. Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant and the responsible managing officer.

18. The applicant shall submit any change of address or fact which may occur during the procedure of applying for a permit.

B. The Chief of Police or authorized representative shall have up to sixty days, after submission of all required information, including the required certificates of compliance, to investigate the application and the background of the applicant. Upon the completion of the investigation, the Chief of Police, or authorized representative, shall grant the permit, with or without conditions, if the Chief finds in the exercise of discretion all of the following:

1. The required fee has been paid.

2. The application conforms in all respects to the provisions of this chapter.

3. The applicant has not made a material misrepresentation in the application.

4. The applicant, if an individual, or any of the stockholders of the corporation, or any officers or director, if the applicant is a corporation; or a partner if the applicant is a partnership, or the managing responsible officer has not been convicted within five years preceding application in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal Code Sections 314, 315, 316, 318, 647(b), (as now written or as amended), or of crimes that are designated in Government Code Section 51032(b), or any other crime involving dishonesty, fraud, deceit, violence or moral turpitude. Convictions under the laws of other states or countries which proscribe the same or similar conduct as the afore designated California crimes shall be considered.

5. The applicant is at least eighteen years of age.

6. The fortune telling business as proposed by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.

C. If the Chief of Police or authorized representative, following investigation of the applicant, in the exercise of discretion, fails to make the findings stated in subsection B of this section, the Chief shall deny said application by written notice to the applicant. (Ord. 1272 § 2 (part), 1999)

5.30.030 Permit term and renewal.

The permit issued under this chapter shall be valid for one year, and shall thereafter expire unless renewed within thirty days of expiration date. The renewal process shall be processed and investigated as though it was an initial application. (Ord. 1272 § 2 (part), 1999)

5.30.040 Fees.

The applicant shall pay all permit and processing fees as set forth in the City’s master fee resolution. (Ord. 1272 § 2 (part), 1999)