5-6 FORTUNETELLING. [1]

1 Editor’s Note: This section was adopted by Ord. No. 15, §1[4].

Unless otherwise specially provided or required by the context, the following terms have the indicated meanings in this section:

Fortunetelling shall mean actually or purportedly to, or pretending, assuming or undertaking to, or aiding, helping or assisting another person to:

a. 1. Foretell, foresee or influence a future act, event, condition or situation, or find or restore a lost or hidden thing, condition or situation, whether physical, spiritual, emotional or social, or

2. Persuade, induce or procure any person to transfer, assign, convey, donate, devise, bequeath, pledge, mortgage or deposit anything of value;

b. By means of astrology, augury, card reading, clairaudience, clairvoyance, contacting spirits, crystal-gazing, divination, handwriting or character reading, life reading, magic, mediumship, necromancy, numerology, palmistry, phrenology or the reading of other anatomical features, seership, or by an occult, mystical, psychic or supernatural means, or by means similar to these listed;

c. Directly or indirectly accepting or asking anything of value therefor as a fee, compensation, gift, gratuity or reward; and it also means to make, sell or give away any charm, talisman, potion, or other magic thing, or anything purporting to be such.

a. License Required . No person shall engage in, carry on, conduct, practice, exhibit, advertise, solicit or do any act of

fortunetelling without having a currently valid license therefor and otherwise fully complying with this section. Every such person shall apply for such a license and pay the fees therefor, and owes the fees whether or not he applies.

• b. Exemption . This section does not apply to:

1. Any bona fide and nonprofit activity solely of any bona fide and nonprofit religious, scientific or educational organization, including charities registered with the California Attorney General; or

2. Any activity solely for bona fide entertainment purposes. A verified written claim of exemption shall be filed with the Danville Police Department, who shall grant it if the Department finds it in order and not detrimental to the public welfare.

c. Notices . All notices to the licensee provided for herein may be given by mail to his last known residence or licensed address, and are deemed given on the second day after mailing.

d. Police Department’s Regulations . The Danville Police Department may promulgate regulations governing the forms of applications, licenses and notices, the issuance, replacement, and display of the license, and concerning their other functions hereunder, which, when approved by the Town Council, shall be enforceable as though provisions of this section.

e. Appeals . Appeals from actions hereunder shall be governed by Section 1-8 of this Code.

a. Application . Every applicant for a license hereunder shall make a verified written application therefor, including the required fees, in a form satisfactory to the Danville Police Department, and containing:

1. The true names, addresses, any criminal records, fingerprints, and photograph(s) of the applicant (who shall be one (1) natural person) and of all persons financially interested in the business, including but not limited to all persons who share in the profits of the business in any way, and all creditors, mortgagees and lessors;

2. The location and premises where, and the days and hours when, the fortunetelling will occur;

3. A statement that the applicant has resided in the Town of Danville for the one (1) year, and the names and addresses he has used for any businesses or occupations for the five (5) years immediately preceding the application;

4. Any other information necessary for investigation of the application as required by the Police Department.

b. Investigations . Upon receiving a proper application with required fees, the Danville Police Department shall investigate as they deem appropriate to ascertain relevant facts, including the applicant’s reputation and background.

• c. Police Department’s Findings and Recommendation . If the Police Department finds that:

1. The application is complete and truthful;

2. Neither the applicant nor his operation is likely to be injurious to the public welfare, as by victimizing or defrauding suggestible persons or otherwise; and

3. All applicable laws and ordinances (including zoning regulations) are complied with; the Department shall recommend that the Town Council hear the matter.

• d. Notice of Hearing .

1. Upon making their favorable recommendation, the Police Department shall arrange for a hearing on the application before the Town Council and shall cause notice to be given to the applicant and the public. The notice shall state the applicant’s name and address, and the name, if any, and address of the premises proposed, and the time and place for a public hearing before the Town Council, at which hearing the applicant will present his application and any interested person may protest the issuance of the license.

2. The Police Department shall cause a copy of this notice to be posted conspicuously in front of the premises proposed and conspicuously at two (2) places within five hundred (500’) feet of those premises.

3. The notice shall be posted at least ten (10) days before the hearing date.

e. Hearing .

1. At the time and place specified in the notice, or at such later time to which the hearing may be continued, the Town Council shall hear the application and any protests of interested persons to the issuance of the license.

2. The applicant shall have the burden of presenting all necessary evidence from which findings required by this section may be made. The Town Council may order a license granted to an individual for a specific location if it finds that all of the following conditions are satisfied:

(a) That the application has been fully and truthfully completed;

(b) That neither the applicant nor any person financially interested in the business operated on the premises has been convicted of a felony or of any crime involving moral turpitude or dishonesty, and that they are all of good moral character;

(c) That the premises are not located near a school or playground, or a retail, commercial or recreational facility frequented by minors, that the activity will not be detrimental to the welfare of minors;

(d) That the proposed activity will conform with the char- acter of other land uses in the vicinity and will not be detrimental to the health, safety and general welfare of, or create a nuisance or law enforcement problems within, the neighborhood or community.

f. Council Order .

1. If, after the hearing, the Town Council finds the above conditions are satisfied, it may order the Police Department to grant the license, and it may impose such reasonable conditions as it may determine to be necessary in order to effectuate the purposes of this section, including but not limited to, the following:

• (a) Location, design and lighting of the premises and signs related thereto;

• (b) Hours of operation;

• (c) Related business on the premises.

2. Upon annual renewal of a license, the Police Department may require the licensee to comply with any conditions which the Town Council may establish in granting applications after the enactment of this section or the granting or renewal of that license.

a. Form and Requirements .

1. Nature . The license is only a temporary, personal and nontransferable permit to act within the provisions of this section and all other applicable laws and regulations, and always expires no later than one (1) year from its date. It has no validity when it has been seized, suspended or revoked by the Police Department. Any attempt to transfer, assign, pledge, mortgage or hypothecate the license, or to attach or execute on it, immediately and permanently voids it.

2. Form . The Police Department shall design the form of license, which shall contain the applicant-licensee’s photograph and a disclaimer of responsibility on the part of the Town and its officials.

3. License Information . The licensee shall promptly inform the Police Department of any changes in the information on the application, and the Police Department may require that this include the names and addresses of any employees or associates in the licensed activity.

b. Renewals . A license may be renewed by the Police Department but only as a new license, upon payment of the renewal fee, with only as much of the application renewed or repeated as the Police Department requires and as much of the hearing process before the Town Council as they recommend or the Council requires.

c. Bond . No license shall be issued, and none is valid, unless and while the applicant-licensee has on file with the Police Department a currently valid bond approved by the Police Department, or a cash deposit in the sum of five thousand ($5,000.00) dollars, payable to the people of the State, or as ordered by a court for the benefit of anyone injured contrary to its conditions, and conditioned that the applicant-licensee will conduct all his licensed activities in a quiet, decent, fair and honest manner and in complete conformity with the laws and regulations of this State and County.

d. Seizure, Suspension, Revocation .

1. Whenever the Danville Police Department makes a written finding that there exists or has occurred any violation of this section, or of any applicable law or regulation, attributable to the licensee or activities relating to the license, which immediately and seriously endangers the public welfare, they may summarily seize the license, or declare it seized, if they cannot practicably seize it. They shall so notify the licensee in waiting as soon as practicable, and also orally if practicable. Upon demand by the licensee, the Police Department shall grant a hearing on this subject within forty-eight (48) hours (excluding Saturdays, Sundays and other holidays), and shall then promptly make their written finding and decision whether to reinstate, suspend or revoke the license.

y seize it. They shall so notify the licensee in waiting as soon as practicable, and also orally if practicable. Upon demand by the licensee, the Police Department shall grant a hearing on this subject within forty-eight (48) hours (excluding Saturdays, Sundays and other holidays), and shall then promptly make their written finding and decision whether to reinstate, suspend or revoke the license.

2. Suspension. After a seizure hearing, or upon the Police Department’s written finding that a similar condition exists but where the serious danger is not immediate although impending, they may suspend the license for not over thirty (30) days and seize it or declare it seized. They shall give notice and proceed as for seizures (unless suspension follows a seizure hearing), except that the hearing may be within five (5) business days.

3. Revocation. After a seizure or suspension hearing, or upon at least ten (10) days’ written notice to the licensee, the Police Department may conduct a hearing on revoking the license, which the Department may do on their written finding that a condition described in paragraph d, 1. of this subsection is a serious danger to the public welfare and is so serious, dangerous, flagrant, willful, long-continued, repeated and/or uncorrectable that revocation is an appropriate remedy. Such cause may include apparent absconding by the licensee or his apparent abandonment of the activity, as well as violations of this section.

4. Notice. If the Police Department is unable to seize the license, as provided for here, they shall, and after seizure, suspension or revocation they may, post notice of their action on the premises. No person shall remove such notice without authorization during the reasonable period of posting stated therein.

e. Reinstatement . After the period of a seizure or suspension, the Police Department shall revalidate and return the license for any period remaining of its original term, if the licensee pays the reinstatement fee.

a. General . All fees are nonrefundable and nonproratable, and shall be paid to the Tax Collector. If any fee is not lawfully and timely paid, the application or license is void.

b. Application . As the first part of each application, the applicant shall pay an application fee of one hundred ($100.00) dollars.

c. Year . Before any license is validly issued, the applicant-licensee shall pay an annual fee of two hundred fifty ($250.00) dollars, which shall allow operation for twelve (12) months.

d. Renewals . Before a license is validly renewed, the licensee shall pay a new application fee plus a new annual fee.

e. Reinstatements . Before a license is validly reinstated for the remainder of its original period, the licensee shall pay a reinstatement fee of two hundred ($200.00) dollars.