Chapter 8.24
FORTUNETELLING, PALMISTRY, CLAIRVOYANCE AND OTHER SIMILAR BUSINESSES
Sections:
8.24.040 Investigation and issuance of permits.
8.24.070 Fire prevention inspections.
8.24.080 Duty of police to enforce chapter.
8.24.090 Revocation of permit—Causes.
8.24.100 Revocation of permit—Notice—Hearing.
8.24.110 Applications to be rejected.
8.24.010 Permit required.
No person shall engage in the business or performance of fortunetelling, palmistry, clairvoyance, sooth-saying, spiritualism, numerology, astrology or purport to foretell the future by cards or whatsoever terminology and to accept any money, remuneration or gratuity therefor within the City, without first obtaining a permit therefor in compliance with the provisions of this chapter. (Prior code § 4-66)
8.24.020 Permit fee.
Any person issued a permit pursuant to this chapter shall pay an annual fee of $250.00 to the City Treasurer for such privilege upon approval of an application by the Chief Police Officer. The annual fee shall be assessed on a calendar year basis, January 1st to December 31st each year and shall not be proratable nor transferable. An application for renewal shall be filed annually prior to December 1st for the ensuing year. (Prior code § 4-67)
8.24.030 Permit application.
A. Every applicant for a permit pursuant to this chapter shall pay a filing and investigation fee of $25.00 to the City Treasurer, such fee being nonrefundable.
B. The applicant shall provide on a form to be furnished by the City the following information:
1. Name, date and place of birth and physical description of applicant;
2. Local address of applicant and length of residence;
3. Address of residence for prior 20 years;
4. Description of nature of business to be conducted;
5. Address of such business activity;
6. Two recent photographs 2" by 2" of applicant showing: (1) head and shoulders only; and (2) side view;
7. A complete set of fingerprints to be printed in the presence of a City Police Officer;
8. The names and addresses of at least 2 property owners of Montgomery and/or Prince George’s County, who will certify as to the applicant’s good character and business responsibility, or in lieu thereof such other available information as will enable an investigator to properly evaluate such character and responsibility;
9. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, violation of law or ordinance other than traffic violations, the nature of the offense, the date and place, penalty or punishment imposed therefor.
C. Such application shall be signed by the applicant and duly sworn before a Notary or other appropriate officer. (Prior code § 4-68)
8.24.040 Investigation and issuance of permits.
The procedure for the investigation and issuance of a permit, under this chapter, shall be governed as follows:
A. Upon receipt of each application for a permit, it shall be referred to the Chief Police Officer, who shall immediately institute such investigation of the applicant’s business and moral character as he or she deems necessary for the protection of the public good, and shall endorse the application in the manner prescribed in this section, within a reasonable period of time after it has been filed by the applicant with the City Treasurer.
B. If as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the Chief Police Officer shall endorse on the application his or her disapproval and the reasons therefor, and return the application to the City Administrator.
C. If as a result of such investigation, the applicant’s character and business responsibility are found to be satisfactory, the Chief Police Officer shall endorse on the application his or her approval, and return the application to the City Administrator.
D. The City Administrator shall determine, subject to review by the City Council as provided in Section 8.24.050, whether the application shall be approved. The City Administrator shall determine that the proposed business location conforms to the Zoning Code of the County in which it is to be established. The City Administrator, in consultation with the Fire Chief shall also determine that the proposed business fixtures and accessories shall not constitute a fire hazard.
E. If the application is approved by the City Administrator. a permit shall be issued by the City Treasurer upon payment of the fee as designated in Section 8.24.020.
F. If an application is disapproved under this section the applicant shall be notified in writing by the City Administrator. (Prior code §4-69)
8.24.050 Appeal procedure.
The procedure for the handling of appeals, under this chapter, shall be governed as follows:
A. Any person aggrieved by the action of the City Administrator in the denial of a permit as provided in Section 8.24.040 shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Mayor shall set a time and a place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in writing by the City Clerk.
B. The Mayor or any Councilmember who is of the opinion that a permit has been improperly issued may within 10 days after its issuance so notify the City Clerk. In such case the Mayor shall set a time and place for a hearing, and the City Clerk shall in writing notify the permittee of such time and place.
C. After the hearing the City Council shall determine whether the permit shall be issued, refused, ratified, or revoked. (Prior code § 4-70)
8.24.060 Zoning requirement.
No permit shall be issued by the City Treasurer under this chapter until he or she shall have received satisfactory evidence in writing that a Use and Occupancy Permit and/or a Traders License has been issued by the County Official authorized to issue such permit and/or license for the specific location as shown on the application. (Prior code § 4-71)
8.24.070 Fire prevention inspections.
The Fire Chief or his or her duly authorized representative is authorized to conduct periodic inspections of premises as designated in the permit issued under this chapter to determine that there are no existing fire hazards. (Prior code § 4-72)
8.24.080 Duty of police to enforce chapter.
It shall be the duty of the Police of the City to determine that any person or persons conducting a business as designated in Section 8.24.010 have applied for and been issued a permit for the current year. (Prior code § 4-73)
8.24.090 Revocation of permit—Causes.
Permits issued under the provisions of this chapter may be revoked by the City Council for any of the following causes:
A. Fraud, misrepresentation, or incorrect statement contained in the application for permit;
B. Fraud, misrepresentation, or incorrect statement made in the course of carrying on the business as stated in Section 8.24.010;
C. Any violation of this chapter;
D. Conviction of any crime or misdemeanor. (Prior code § 4-74)
8.24.100 Revocation of permit—Notice—Hearing.
Whenever the City Administrator has reason to believe that any permit should be revoked, the City Administrator may, with the approval of the Mayor, so notify the permittee by registered letter addressed to the permittee’s last-known address. Either the Mayor or City Council may direct the City Clerk to take such action. If within 10 days the City Clerk does not receive from the permittee a written request for a hearing as to the revocation of his or her permit, the City Clerk shall declare the permit revoked. If a hearing is requested, the Mayor shall set the date for the hearing, and the City Clerk shall notify the permittee in writing. After the hearing the City Council shall determine whether the permit shall be revoked or continued in force. (Prior code § 4-75)
8.24.110 Applications to be rejected.
The City Treasurer shall accept no application for a permit from a permittee whose permit has been revoked under the provisions of Sections 8.24.090 and 8.24.100 within 6 months thereafter. (Prior code § 4-76)
8.24.120 Penalty.
Any person who shall violate any provision of this chapter shall be guilty of a Class C violation. (Prior code § 4-77)