Chapter 3.95


3.95.010    Fortunetelling.

3.95.020    Definitions.

3.95.030    Permit application.

3.95.040    Fee.

3.95.050    Investigation.

3.95.060    Issuance of permit.

3.95.070    Appeal.

3.95.080    Permit revocation.

3.95.010 Fortunetelling.

No person shall conduct, engage in, carry on, participate in or practice fortunetelling or cause the same to be done for pay without having first obtained a permit therefor and without having posted and maintained in full force and effect a surety bond as required by this chapter.

A.    No person shall violate any of the terms and conditions of a permit issued pursuant to this chapter nor any of the regulations and provisions within this chapter.  Each day such a violation or violations occur shall constitute a separate offense.

B.    No person shall conduct a fortunetelling business in any zone of city except in a C-3 zone without first obtaining a use permit from the city.  The procedure for obtaining said use permit shall be as set forth in Chapter 10.42, et seq. of this code.

C.    No person shall conduct a fortunetelling business at any address or location other than the address or location listed on the application and for which the permit is issued.  (Ord. 11-85 §1(part), 1985).

3.95.020 Definitions.

For the purpose of this chapter the following words shall have the meanings as hereinafter set forth:

A.    “Fortunetelling” means telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic power, faculty, forces, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, tea leaves or other such reading, medium-ship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic of any kind or nature.

B.    “For pay” means for a fee, reward, donation, loan or receipt of anything of value.  (Ord. 11-85 §1(part), 1985).

3.95.030 Permit application.

Every natural person, who for pay, actively conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a permit with the city clerk.  The application shall contain:

A.    The name, home and business addresses, and home and business phone numbers of the applicant;

B.    The record of conviction for violations of the law, excluding minor traffic violations, including date of conviction, the court in which said conviction was rendered and the charge upon which said conviction was rendered;

C.    The fingerprints of the applicant on a form provided by police department, and a picture of the applicant taken by the police department;

D.    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;

E.    Address or location where the business will be conducted, if different that as set forth in subsection A of this section.  (Ord. 11-85 §1(part), 1985).

3.95.040 Fee.

An application fee, or renewal-of-application fee, shall be set by resolution of the city council.  (Ord. 11-85 §1(part), 1985).

3.95.050 Investigation.

Upon the filing of the application, it shall be referred by the city clerk to the police department for investigation, 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 city manager within sixty days after the filing of the application, unless the applicant requests or consents to an extension of the time period.  If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth at the time of the filing of the report and recommendation with the city manager, and a copy thereof shall be served personally or by certified mail by the city clerk to the applicant.  (Ord. 11-85 §1(part), 1985).

3.95.060 Issuance of permit.

A.    The city manager shall approve the issuance of the permit if he finds:

1.    All the information contained in the application and supporting data is true;

2.    The applicant has not, within the previous twelve months, been convicted of any violation of this chapter or any law relating to fraud or moral turpitude;

3.    The applicant agrees in writing to abide by and comply with all conditions of the permit;

4.    Applicant agrees to be bound by the provisions of Chapter 3.40 of this code regarding license taxes.

B.    If the city manager approves the permit, the director of finance shall issue the permit when:

1.    The fee required pursuant to Section 3.95.040 has been paid;

2.    The applicant has posted with the city clerk surety bond in the principal sum amount of five thousand dollars executed as surety by a good and sufficient corporate surety authorized to do a surety business in the state and as principal by the applicant.  The form of the bond shall have been approved by the city attorney and shall have been given to insure good faith and fair dealing on the part of the applicant 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 and for a period of five years from and after the date of the permit issued, or any renewal thereof.

C.    The term of the permit shall be for no more than a term of five years.  A renewal application shall be filed no later than ninety days prior to the expiration of the permit and shall be processed in the same manner as a new application.  (Ord. 11-85 §1(part), 1985).

3.95.070 Appeal.

A decision of the city manager to deny a permit under this chapter may be appealed to the city council in accordance with the requirements of Chapter 1.25.  (Ord. C-7-08 §6, 2008:  Ord. 11-85 §1(part), 1985).

3.95.080 Permit revocation.

Upon the discovery of any false or misleading statement in the application or any misrepresentation by the applicant in procuring the permit or upon the termination of the bond required in this chapter or upon the applicant’s violation of any provision of this chapter, the city manager may conduct a hearing upon ten days’ written notice to the applicant to determine whether the permit should be revoked.  (Ord. 11-85 §1(part), 1985).