Maywood Municipal Code Ch. 8 Fortune-Telling

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

(a) "Council" shall mean the Council of the City.

(b) "For pay" shall mean for a fee, reward, donation, loan, or receipt of anything of value.

(c) "Fortune-telling" shall mean every person who engages in, practices or professes to practice, or acts as an agent for, the business or art of astrology, phrenology, life reading, mesmerism, fortune-telling, cartomancy, clairvoyance, clairaudience, crystal gazing, spirit photography, spirit writing, spirit voices, spirit psychometry, seership, prophecy, augury, palmistry, materialization, etherealization, numerology, physiognomy, necromancy, clairsentience, dreams, apportism, ectoplasm, levitation, mediumship, seance, soothsaying, psychic healing, divination by magic, radiesthesia, or any other similar art, business, or craft and every person who, by means of occult or psychic powers, faculties or forces, spirits, cards, talismans, charms, potions, magnetism or magnetized articles or substances, animal sacrifice or by using parts of animals or human beings, effigies. or any craft art described in this chapter, or similar art or craft which may be known by another name or title in any other language which purports to or does tell fortunes, life readings, find or restore lost or stolen property, locate oil wells, gold, or silver or other ore or metal, restore lost love or affection, unite loved ones, wives, husbands, children, lost relatives, or friends, procure lovers, wives, or husbands, diagnose disease or injury, cast spells, cause sickness or injury, advise of the past, present, or future, or by such means, gives counseling or advice, and who demands, solicits, or receives directly or indirectly a fee or reward or who otherwise acts for pay as defined in this section.

(d) "Agent" shall mean every person who acts as an agent for any other person, assists or procures customers for another person for the purpose of engaging in anything which is defined in this section as "fortune-telling", or who receives any fee, reward, or donation for such procuring.

(§ 1, Ord. 85-296, eff. November 21, 1985)

(a) No person shall conduct, engage in, carry on, participate in, or practice (or act as an agent for) fortune-telling or cause the same to be done for pay without having first obtained a permit from the Council.

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

(§ 1, Ord. 85-296, eff. November 21, 1985)

Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortune-telling, whether as principal or agent, shall file a separate verified application for a permit with the City Clerk. The application shall be accompanied by an investigation fee as set forth in Section 5-8.06 of this chapter and shall contain:

(a) The name, home and business address, and home and business telephone number of the applicant;

(b) The record of convictions for violations of law, excluding minor traffic violations;

(c) The fingerprints of the applicant on a form provided by the County Sheriff's Department;

(d) The address, city and state, and the approximate dates, if any, where and when the applicant practiced a similar business, either alone or in conjunction with others; and

(e) The proposed location for the business and a description, with a photograph or sketch, of any signs intended to be placed so as to be visible outside of the premises.

(§ 1, Ord. 85-296, eff. November 21, 1985)

Upon the filing of the application, it shall be referred by the City Clerk to the Police Department for an 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 Council within fourteen (14) days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends the 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 Council, a copy thereof shall he served personally or by certified mail by the City Clerk on the applicant, accompanied by a notice to the applicant who may request to be heard when the Council considers the application and report.

(§ 1, Ord. 85-296, eff. November 21, 1985)

(a) The Council shall consider the application and the report and recommendation at a hearing held at the next regularly scheduled meeting which is scheduled at least three (3) days after the filing of the report and recommendation referred to in Section 5-8.04 of this chapter.

(b) Notice of the time and place of the hearing shall be given to all parties by the City Clerk at least three (3) days prior to the hearing.

(c) Any interested party shall be heard upon a reasonable request.

(d) The City shall have the burden of proof to show the permit should be denied; otherwise, the permit will be granted, except that the burden of proving rehabilitation in accordance with subsection (2) of subsection (a) of Section 5-8.06 of this chapter shall be upon the applicant.

(e) The decision of the 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.

(f) Unless the applicant agrees in writing to an extension of time, the Council shall make its order denying or granting the application within fifteen (15) days after the completion of the hearing on the application for a permit and shall notify the applicant of its action by personal service or certified mail.

(g) Any member of the Council who is absent from the hearing and has not read or heard the record of the proceedings shall not vote on the decision.

(§ 1, Ord. 85-296, eff. November 21, 1985)

(a) The Council shall approve the issuance of the permit if the Council finds that:

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

(2) The applicant has not, within the previous seven (7) years, been convicted of any violation of this chapter or any similar provision of State or local laws in this or any other jurisdiction, or any law relating to fraud or moral turpitude, or, if so convicted, has been rehabilitated;

(3) The zoning and proposed signs are in compliance with the Maywood zoning ordinance;

(4) The applicant appeared in person at the hearing; and

(5) The applicant agrees to abide by and comply with all the conditions of the permit and this chapter.

(b) The Council shall deny the permit only if the Council cannot make each of the findings set forth in subsection (a) of this section.

(c) If the Council approves the permit, the City Clerk shall thereafter issue the permit when the fee required by this section has been paid.

(d) The term of the permit shall not exceed one year. A renewal application shall be filed not later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application. The Council, at its discretion, may grant a permit for a period of less than one year and may impose such reasonable conditions upon the granting of such permit as, in the discretion of the Council, based upon the evidence presented in connection with the application for the permit, are necessary for the protection of the public health, safety, and welfare.

(e) The investigation and permit fee for the issuance of the permit shall be the sum of Two Hundred Fifty and no/100ths ($250.00) Dollars for the initial one-year term and the sum of One Hundred and no/100ths ($100.00) Dollars for any renewal year if the application for renewal is made prior to the expiration of the permit.

(§ 1, Ord. 85-296, eff. November 21, 1985)

(a) Religion. This chapter shall not apply to, and it shall not be construed to interfere with, the belief, practices, or usage of an incorporated ecclesiastical governing body or the duly licensed teacher or minister, priest, rector, or an accredited representative who holds a certificate of credit, commission, or ordination under the ecclesiastical laws of a religious corporation which is incorporated under the laws of the State or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association, or synod of the system or faith with which he is affiliated, thereof acting in good faith and without personal fee, reward, donation, or the solicited or unsolicited promise of any fee, reward, or donation. Any church or religious association or organization which is organized for the primary purpose of conferring certificates of commission, credit, or ordination for a price, fee, donation, or reward, and not primarily for the purpose of teaching and practicing a religious doctrine or belief, shall not be deemed to be a bona fide church or religious organization.

(1) Except as provided in subsection (3) of this subsection, 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 (a).

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

(3) Such bona fide church or religious association, as defined in this subsection (a), 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 agreement is embodied in a resolution and transcribed in the minutes of such church or religious association.

(b) Education. This chapter shall not apply to, nor shall it be construed to interfere with, the functions, research, instruction, practice, therapy, treatment, diagnoses, healing art or science, make prognosis, predictions, or foretelling the results of injury, disease, condition, state, status, future consequences of possible actions of behavior, patterns of behavior, in both mental and physical aspects, of any animal or human activity, or in any area of science, medicine, psychology, psychiatry, or investigation which is duly certified and/or licensed by the State or permitted by funding by Federal, State, County, local, foundation, or educational grants, or with any international organization with which the United States maintains diplomatic relations. Nor shall this chapter apply to any student who is enrolled in an approved educational institution when the course of study includes anything which is defined in this subsection; nor shall it apply to any student, intern, or person who is under the direct or indirect supervision of any individual who is acting within the purview of his license or certification.

(§ 1, Ord. 85-296, eff. November 21, 1985)