Chapter 5-3
FORTUNE-TELLING
Sections:
5-3-03 Permits: Applications: Investigations.
5-3-07 Permits: Denial, suspension, and revocation.
5-3-08 Effective date of suspension.
5-3-09 Surrender of suspended or revoked permit.
5-3-10 Hearing and appeal procedures.
5-3-01 Permits required.
No person shall conduct, engage in, carry on, participate in, or practice fortune-telling, or cause the same to be done, for pay without having first obtained a permit therefor.
5-3-02 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:
(a) “Fortune-telling” shall mean and include 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, 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, oriental mysteries, or magic of any kind or nature.
(b) “For pay” shall mean for a fee, reward, donation, loan, or receipt of anything of value.
5-3-03 Permits: Applications: Investigations.
(a) Applications. Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortune-telling 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 Chief of Police. If the report recommends the denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein. Should the applicant wish to contest the denial, he or she will have the right to appeal as specified in TMC 5-3-10.
(1169-CS, Amended, 07/10/2012)
5-3-04 Granting of permits.
The Chief of Police shall grant the permit if the Chief of Police 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; and
(c) That the applicant agrees to abide by and comply with all the conditions of the permit and applicable laws.
(1169-CS, Amended & Renumbered, 07/10/2012. Formerly 5-3-05)
5-3-05 Term 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 (30) days prior to the expiration of the permit and shall be accompanied by a fee established by resolution of the Council.
(1169-CS, Renumbered, 07/10/2012. Formerly 5-3-06)
5-3-06 Exceptions.
The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstrations 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.
(1169-CS, Renumbered, 07/10/2012. Formerly 5-3-07)
5-3-07 Permits: Denial, suspension, and revocation.
(a) A fortune-telling permit may be suspended or revoked by the Chief of Police if the holder thereof has:
(1) Violated any of the provisions of this Code, including this chapter.
(2) Violated any provision of State or Federal law subsequent to the provisions of this chapter.
(3) Made a materially false or misleading statement or omission of fact on any permit application, or renewal application, or in any supplementary materials submitted therewith.
(b) When a decision to suspend has been made, the permit holder shall be given notice of the suspension and the reason(s) therefor. Should the holder wish to contest the action, they may request an appeal hearing pursuant to TMC 5-3-10.
(c) Should the permit renewal date come while a permit is suspended, the holder shall follow renewal procedures specified in TMC 5-3-03 for reactivation of the permit.
(d) Revocation of said permit(s) may occur for repeated or serious violation(s) of this chapter or State law; or for conviction of a felony or of a misdemeanor involving moral turpitude, violence, larceny, or sex crimes.
(1169-CS, Added, 07/10/2012)
5-3-08 Effective date of suspension.
Any suspension of a permit shall become effective immediately upon delivery of the written decision of the Chief of Police to the holder at the most recent home or business address on file with the City, or within five (5) days of the deposit of such decision addressed to the holder into the United States Mail by certified mail.
(1169-CS, Added, 07/10/2012)
5-3-09 Surrender of suspended or revoked permit.
Upon a written decision suspending a fortune-telling permit, the permit shall immediately be surrendered to the Chief of Police. Once the reason(s) for suspension are duly remedied and the period of suspension, if applicable, has expired, the Chief of Police shall return the permit.
(1169-CS, Added, 07/10/2012)
5-3-10 Hearing and appeal procedures.
Whenever the Chief of Police has made a decision or ruling to deny, suspend, or revoke any permit issued under this article, the applicant or holder of the permit may appeal the decision by filing a written request for an appeal hearing to the City Manager within ten (10) days of receipt or constructive receipt of the decision. Until the ruling of the City Manager, the administrative decision shall remain in full force and effect whether it will be for denial of an application, suspension, or revocation.
The City Manager shall provide notice to the appellant and a date for the hearing within twenty (20) days of receipt of the appeal. The hearing shall be set within twenty (20) days, unless the applicant or holder requests a continuance. At the hearing, both the applicant or holder and staff shall have the right to appear and to present evidence and arguments which are relevant to the grounds for the appeal, limited to the grounds for appeal stated in the filing of the appeal. The applicant or holder may appear in person or by submitting written material. A nonappearance and not submitting written material shall result in a withdrawal of the appeal.
Within ten (10) days of the hearing, the City Manager shall issue a written decision which states whether the decision of the administrative staff is to be upheld, modified, or reversed. The decision shall be served on the holder or applicant by certified mail, and the decision of the City Manager shall be final.
(1169-CS, Added, 07/10/2012)