Chapter 5.48
OCCULT ARTS
Sections:
5.48.010 License--Required.
5.48.020 License--Application requirements.
5.48.030 License--Fees.
5.48.040 Issuance of license.
5.48.050 License to be displayed.
5.48.060 Revocation of license.
5.48.070 Exemptions.
5.48.080 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
5.48.010 - License –Required
It is unlawful for any person or organization to engage in or hold oneself out as a practitioner of palm reading, phrenology, card reading or other means whereby the future or fortune of persons is predicted for money or other consideration unless he or his employer has first secured a license therefor in a manner provided by this chapter.
(Ord. 4079 §1, 1978).
5.48.020 - License –Application requirements
A. Any person or firm desiring to secure a license for palm reading, phrenology, card reading or other forms of fortune telling shall apply therefor in writing to the city clerk-treasurer on forms provided by the city, and such application shall state as to each applicant the following:
1. The name and address of each applicant;
2. The name and address of the person, firm or organization by whom employed;
3. The location, time and type of service to which each applicant will be engaging in or the nature of means and implements used to conduct the fortune telling; and
4. A personal description of each applicant.
B. Such applications shall be accompanied by such credentials and other evidence regarding the identity of each applicant as may be reasonably required by the city clerk-treasurer.
(Ord. 4079 §3, 1978).
5.48.030 - License –Fee
The license fee required under this chapter is thirty dollars per calendar year or any portion thereof.
In addition to the above, an additional twenty-five dollars shall be assessed for any new license issued under this chapter for the initial first year thereof. This assessment is necessary to defray the initial administrative costs in reviewing an initial application and issuance of a license therefor.
(Ord. 4753 §5, 1987; Ord. 4079 §2, 1978).
5.48.040 - Issuance of license
If the chief of police has determined on the basis of a thirty-day investigation that the facts set forth in the application are true, that the applicant has not been convicted of a crime relating to theft or deception or other offenses involving moral turpitude, and that the applicant proposes to engage in lawful activity, he shall then approve the application, and the city commission may issue the license applied for. Such license shall expire on the thirty-first day of December of the year in which such license is issued. No license shall be issued until the conclusion of thirty days’ investigation by the police department.
(Ord. 4079 §4, 1978).
5.48.050 - License to be displayed
Such license shall be prominently displayed at all times upon the premises used by each applicant for whom the license was issued, when engaging in the activity authorized by the license.
(Ord. 4079 §5, 1978).
5.48.060 - Revocation of license
Any such license may be revoked by the city commission for any violation by the employer or applicant of any of the ordinances of the city relating to such activity or any laws of the state or United States relating thereto, or whenever such applicant in the conduct of the activity authorized by the license no longer possesses the character and qualifications required by this chapter for the issuance of such permits.
(Ord. 4079 §6, 1978).
5.48.070 - Exemptions
This chapter shall not apply to activities described herein which are conducted only for demonstration or entertainment purposes and for which no money or other consideration is collected.
(Ord. 4079 §7, 1978).
5.48.080 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §12, 2001; Ord. 4079 §8, 1978).