Chapter 5.40


5.40.010    Definitions.

5.40.020    Permits – Required.

5.40.070    Permits – Issuance.

5.40.090    Exceptions – Entertainment.

5.40.100    Exceptions – Religious practices.

5.40.120    Violation – Penalty.

5.40.010 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“For pay” means for a fee, reward, donation, loan or receipt of anything of value.

“Fortunetelling” means the telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary process of knowledge by means of any occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirit, tea leaves or other such readings, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy or other craft, art, science, card, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mystery or magic of any kind or nature.

“License collector” means the officer created by Section 5.04.020. (Prior code § 6-1.601)

5.40.020 Permits – Required.

No person shall conduct, engage in, carry on, participate in, or practice fortunetelling or cause the same to be done without first having obtained a permit from the City Council in accordance with the provisions of Section 5.04.160 of this Code. A background check shall be required. Additionally, the applicant must post and maintain in full force and effect a bond as required by this Chapter. (Ord. 1601 § 45, 2000; prior code § 6-1.602)

5.40.070 Permits – Issuance.

If the council approves the permit, the license collector shall thereafter issue a permit and business license when:

A. A business license and permit fee in an amount established by City Council resolution, and

B. The applicant has posted with the city clerk a surety bond in the principal amount of ten thousand dollars executed by a good and sufficient surety business in the state as surety and by the applicant as principal. The form of such bond shall be approved by the city attorney and shall have been given to ensure 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 any patron of the applicant within the city during the term of the permit. (Prior code § 6-1.608)

5.40.090 Exceptions – Entertainment.

The provisions of this chapter shall not apply to any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought conveyance, or the giving of horoscopic readings at public places and in the presence of and within the hearing of other persons 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. (Prior code § 6-1.610)

5.40.100 Exceptions – Religious practices.

No person shall be required to pay any fee or take out any permit for conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant (collectively referred to in this section as minister) from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles which is recognized by all churches of like faith; provided that:

A. Except as provided in subsection C of this section, the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this section.

B. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this section, shall file with the city manager a certified copy of the minister’s name, age, street address and telephone number in the city where the activity set forth in this chapter is to be conducted.

C. Such bona fide church or religious association, as defined in this section, may pay to its ministers a salary or compensation based upon a percentage basis pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association. (Prior code § 6-1.611)

5.40.120 Violation – Penalty.

A. The violation of any provision of this chapter shall be a misdemeanor.

B. Each day such violation occurs shall constitute a separate and distinct offense. (Ord. 1744 § 9, 2013; prior code § 6-1.603)