Daly City Municipal Code Ch. 5.51 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 title not any of the regulations and provisions within this chapter. Each day such violation or violations occur shall constitute a separate offense.

B. No individual, business or entity shall conduct a fortunetelling business, or related service, in any zoning district of the city other than a C-1, light commercial zoning district, and then only upon first obtaining a conditional use permit from the city. The procedure for obtaining the use permit shall be as set forth in Chapter 17.44 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. 1190 § 2, 1993; Ord. 1045 § 1 (part), 1985)

For the purposes 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, force, clairvoyance, clairaudience, cartomancy, phychology, phycholometry, 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, 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. 1045 § 1 (part), 1985)

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 director of finance, business license clerk. The application shall contain:

A. The name, home and business address and home and business phone number 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 the Daly City 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 than as set forth in subsection (A) above.

(Ord. 1045 § 1 (part), 1985)

An application fee, or renewal of application fee, shall be set by resolution of the city council.

(Ord. 1045 § 1 (part), 1985)

Upon the filing of the application, it shall be referred by the director of finance, business license 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 council 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 council, a copy thereof shall be served personally or by certified mail by the city clerk on the applicant, accompanied by a notice to the applicant that applicant may request to be heard when the city council considers the application and report.

(Ord. 1045 § 1 (part), 1985)

A. The city council shall consider the application and the report and recommendation at a hearing held at a regularly scheduled meeting on or before the twenty-first day after the filing of the report and recommendation referred to in Section 5.51.050.

B. Notice of the time and place of the hearing shall be given to all parties by the city clerk at least five days prior to the hearing.

C. City shall have the burden of proof to show the permit should be denied.

D. The decision of the city council to grant or deny the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented.

E. Unless the applicant agrees in writing to an extension of time, the city council shall make its order denying or granting the application within twenty-four hours after completion of the hearing on the application for a permit and shall notify the applicant of its action by personal service or certified mail.

(Ord. 1045 § 1 (part), 1985)

A. The city council shall approve the issuance of the permit if it 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 appeared in person at the hearing;

4. The applicant agrees to abide by and comply with all conditions of the permit and this chapter;

5. Applicant agrees to be bound by the provisions of Chapter 5.16 of this code regarding license taxes.

B. The city council shall deny the permit only if it cannot make each of the findings set forth above.

C. If the city council approves the permit, the director of finance shall thereafter issue the permit when:

1. The fee required pursuant to Section 5.51.040 has been paid;

2. The applicant has posted with the city clerk, a surety bond in the principal sum amount of ten thousand dollars executed as surety by a good and sufficient corporate surety authorized to do a surety business in the state of California 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 and as a guarantee of indemnity for any and all loss, damage, theft or other unfair dealing 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.

D. The term of the permit shall be for no more than the term of a regular business license tax certificate. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application.

(Ord. 1045 § 1 (part), 1985)

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 hereunder or upon the applicant's violation of any provision of this chapter, the city council may conduct a hearing upon ten days' written notice to the applicant to determine whether the permit should be revoked.

(Ord. 1045 § 1 (part), 1985)

A. The provisions of this section 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 mind reading, 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.

B. 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 or clairvoyant, hereinafter collectively referred to 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 that is recognized by all churches of like faith, provided that:

1. Except as provided in subsection (B)(3) hereof, 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 subsection (B).

2. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection (B) shall file with the city clerk a certified copy of the minister's certificate of ordination with the minister's name, age, street address and phone number in this city where the activity set forth in this subsection (B) is to be conducted.

3. Such bona fide church or religious association, as defined in this subsection (B), 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.

(Ord. 1045 § 1 (part), 1985)