Fontana Municipal Code Div. 2 Permit and License

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Cross reference— Permit required for certain businesses, § 15-50.

No person shall conduct or carry on any fortunetelling business or activity without first having procured in writing a permit to do so from the city council as provided in this division, or after any such permit shall be revoked.

(Code 1968, § 4-69)

(a) Any person desiring to operate a business for the purpose of fortunetelling shall declare in a written statement to the city council, on a form provided by the license collector, the name and address of the person proposing to operate the business, the method and means used to arrive at the fortunetelling predictions, and the proposed location and operating hours of such business. At the time of such filing, the applicant shall also furnish to the chief of police the following:

(1) A police department investigation form.

(2) A money order made payable to the department of justice in an amount equal to current charges by that department for fingerprinting services.

(3) Written statements of at least three bona fide residents, who have been in residence in the city no less than three years, that the applicant is of good moral character.

(b) The chief of police shall promptly make an investigation regarding the moral fitness of the applicant and shall make recommendations to the city council to approve or deny the application based upon the result of that investigation. Any past criminal conviction of the applicant in the areas of fraud or moral turpitude shall be deemed evidence for immediate denial of the application for a permit.

(Code 1968, § 4-70)

(a) A business license application for a fortunetelling business shall be made on a form provided by the license collector and a business license fee paid based upon tax rate schedule D, in accordance with section 15-43. A business license may not be issued to any person in the fortunetelling business not holding a permit as described in this article.

(b) All permits and licenses shall expire on an annual basis. A renewal permit may be issued upon application to the license collector. Any application for renewal must be made on or before the 30th day of the renewal period. A person whose permit has expired shall be deemed a new applicant and shall be required to requalify under the provisions of this division.

(c) No such renewal shall be issued without first having been submitted to the chief of police for his approval. Any objection to the renewal of the application shall be submitted in writing to the city council for a hearing, subject to the provisions of section 15-412.

(Code 1968, § 4-71)

Cross reference— License tax for specific businesses, § 15-43.

(a) Churches or recognized religious organizations shall be exempt from the permit and license regulations of this article provided that the generated revenue is for the exclusive benefit of the church, that all revenue will be deposited directly to the church treasury, that no single person will benefit from the generated revenue, and that the church has maintained headquarters or a place of worship in the city for at least one year preceding the date on which the activity is initiated. Proof of religious exemption shall be furnished to the license collector in the form of a determination letter from the United States Treasury (Internal Revenue Service) relating to federal taxes or a determination letter from the state franchise tax board relating to franchise taxes.

(b) All churches or houses of worship shall comply with regulations in chapter 30, article XI, pertaining to conditional use permits.

(Code 1968, § 4-72)

Every applicant for a license as a fortuneteller shall, before the issuance of the permit to operate, file with the city a surety bond in the amount of $10,000.00 from a reputable surety company licensed to do business in the state, conditioned that such licensee shall not suffer or permit any fraud or imposition to be practiced upon the public and that he will comply with all terms of this article. The bond shall be maintained in the business license file and shall be renewed annually in accordance with the business license renewal date. Cancellation of the surety bond shall constitute a reason for revocation of the permit to operate.

(Code 1968, § 4-73)

Any permit issued under this division may be revoked by the city council at any time whenever it appears to the city council that the holder thereof has violated any provisions of this article or that the continued conducting of such business would be detrimental to the city or the inhabitants thereof.

(Code 1968, § 4-75)