Chapter 5.45
FORTUNETELLING
Sections:
5.45.030 Application contents.
5.45.050 Approval of the Chief of Police.
5.45.060 Bond required upon approval of permit.
5.45.080 Appeal from denial of permit.
5.45.010 Defined.
As used in this chapter, “fortunetelling” shall consist of foretelling any event or events which may occur in the future by means of cards, palmistry, astrology, crystal gazing, numerology, phrenology, clairvoyance, necromancy, magic or by any supernatural, mystic or occult means; or in locating or divining any treasure, mineral, lost or missing article or person by such means; or in persuading, inducing or procuring any person to transfer, convey, donate, devise, bequeath, pledge, mortgage or deposit any money or property by such means; or to describe, expound or resolve any matter pertaining to business, finance, romance, bereavement, or good or bad fortune, by means, or pretending, assuming or undertaking to do any of the above-mentioned things or to aid or assist any other person in so doing; or to make, sell or give away charms, potions, talismans or magic articles, or anything purporting to be such. (Ord. 1722 § 7, 10-27-98. Formerly § 18-65).
5.45.020 Permit required.
(a) No person shall practice or engage in fortunetelling or attempt to do so or hold themselves out or advertise that they practice or engage in fortunetelling, and who demands or receives a fee, without first having made application upon a form provided by the Chief of Police.
(b) The provisions of this chapter shall not apply to any ordained minister or any form of religious belief or the faith, practice or teaching of any religious body, or to the exhibition of such a fortunetelling at a theater hall or public place for the purpose of entertainment and amusement only. (Ord. 1722 § 7, 10-27-98. Formerly § 18-66).
5.45.030 Application contents.
The application shall contain:
(a) True name of the applicant.
(b) Address of the business location.
(c) Telephone number of the business.
(d) Residential address of the applicant.
(e) Residential telephone number of the applicant.
(f) The driver’s license and number of the applicant.
(g) Address of the business for the preceding five years prior to the date of application.
(h) Particulars in regard to any conviction of either a felony or misdemeanor in the past seven years.
(i) Any additional information as needed by the Chief of Police to complete the investigation. (Ord. 1722 § 7, 10-27-98. Formerly § 18-67).
5.45.040 Fees.
At the time the application is filed with the Chief of Police, the applicant shall pay a fee to cover the cost to the City for fingerprinting and processing the application and investigating the facts stated therein. The fee shall be established by resolution of the City Council. (Ord. 1722 § 7, 10-27-98. Formerly § 18-68).
5.45.050 Approval of the Chief of Police.
(a) The Chief of Police shall, after the submission of all required information, investigate the statements made in the application and the background of the applicant. Upon completion of the investigation, the Chief of Police may approve or deny the application. The endorsement “approved” shall constitute a permit for the applicant upon payment of the business tax to the municipal service/business tax division as required by SCCC 3.40.060.
(b) In event of such refusal (denial of permit), a copy of the application with reasons shall be sent to the applicant by means of certified mail. The applicant shall have seven calendar days from receipt of the City’s certified letter to appeal the decision. In the event the certified letter is returned to the city unsigned, the appeal period shall be deemed to be fourteen (14) calendar days from postmark. (Ord. 1722 § 7, 10-27-98. Formerly § 18-69).
5.45.060 Bond required upon approval of permit.
An applicant under this chapter shall file and maintain on file with the City Clerk a good and sufficient bond from a surety company licensed to do business in California in the sum of ten thousand dollars ($10,000.00), to be approved by the City Clerk and payable to the City of Santa Clara or a non-interest bearing cash deposit of said amount to insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, theft or other unfair dealings suffered by a patron of the applicant within the city during the term of the permit. A bond is required as long as the permit is valid or the Chief of Police finds that the purpose of the bond or cash deposit has been satisfied, up to one year after cessation of the business. (Ord. 1722 § 7, 10-27-98. Formerly § 18-70).
5.45.070 Denial of permit.
(a) Upon the Chief of Police’s review of the application, the Chief of Police may refuse to issue a permit to the applicant under this chapter for any of the following reasons:
(1) The investigation reveals that the applicant falsified information on the application, concealed a material fact or otherwise committed any fraud in the application.
(2) The applicant has been convicted of a felony involving an offense against private property interests, such conviction being entered within the five years preceding the date of application. Such property offenses include, but are not limited to, larceny, false pretense, fraud, grand theft and embezzlement.
(3) The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Chief of Police that the reasons for such earlier denial no longer exist.
(b) The Chief of Police’s disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his/her application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant’s last known address. (Ord. 1722 § 7, 10-27-98. Formerly § 18-71).
5.45.080 Appeal from denial of permit.
This permit shall have the characteristics of permits as described in Chapter 2.115 SCCC. The procedures governing its issuance, revocation, suspension and the like of such permits, including appeal from refusal to endorse application “approved” shall be as prescribed in Chapter 2.115 SCCC. (Ord. 1722 § 7, 10-27-98. Formerly § 18-72).