Modesto Municipal Code Art. 2 Applications and Permits

(a) Every person who proposes to maintain, operate, or conduct a fortune-telling establishment in the City of Modesto shall file an application with the Chief of Police upon a form provided by the City of Modesto and shall pay a filing fee of one hundred sixty-five dollars ($165.00), which shall not be refundable, and which may be amended by the City Council from time to time by resolution and which shall be on file with the City Clerk and the Chief of Police.

(b) Every person who proposes to engage in the practice of fortune-telling shall file an application with the Chief of Police upon a form provided by the City of Modesto and shall pay a filing fee of thirty-five dollars ($35.00), which shall not be refundable, and which may be amended by the City Council from time to time by resolution and which shall be on file with the City Clerk and the Chief of Police.

(c) A permit when issued shall state whether it is for a fortune-telling establishment or for a fortune-teller.

(Added by Ord. 2390-C.S., § 1, amended by Ord. 2510-C.S., § 1, effective 7-2-87)

Every application submitted to the Chief of Police shall include the following information:

(1) The type of permit application is made;

(2) The name, including all aliases, by which the applicant is or has ever been known;

(3) The applicant's present residence address and the residence addresses and dates thereof for the three (3) years immediately preceding the date of the application;

(4) Written proof that the applicant is at least eighteen (18) years of age;

(5) The applicant's height, weight, color of eyes and hair;

(6) The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application;

(7) The applicant's social security number and driver's license number or California identification card number;

(8) The fortune-telling or similar business license or permit history of the applicant, including:

(aa) Whether such person has previously operated in this or another city or state under license or permit,

(ab) Whether such person has had such license or permit revoked or suspended and the reason therefor,

(ac) The business activity or occupation of such person subsequent to such action of suspension or revocation;

(9) Whether the applicant has ever been convicted of theft, fraud or crimes involving moral turpitude or any felony involving such offenses unless a period of not less than five (5) years shall have elapsed since the date of conviction or the date of release from confinement for such offenses, whichever is later;

(10) The location at which the permittee is to be employed;

(11) Every application for a permit to operate a fortune-telling establishment shall also set forth the exact nature of the services to be provided and the proposed place of business and facilities therefor;

(12) Every application for a permit to operate a fortune-telling establishment shall give the name and address of the owners and lessors of the real property upon or in which the business is to be conducted;

(13) If an applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding five (5) percent or more of the stock of the corporation.

The corporation shall designate one of its officers to act as the responsible managing officer of the fortune-telling establishment. Such officer shall complete the application form as an individual applicant under this chapter;

(14) If the applicant is a partnership, the application shall also set forth the name and residence address of each of the partners, including limited partners.

The partnership shall designate one of the partners to act as the managing partner of the fortune-telling establishment. Such a partner shall complete the application form as an individual applicant under this chapter. If one (1) or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;

(15) Such other identification and information necessary to disclose the truth of matters hereinbefore specified as required to be set forth in the application;

(16) Every application for a permit shall be verified by affidavit, or by declaration or certification under penalty of perjury as provided in the California Code of Civil Procedure.

(Added by Ord. 2390-C.S., § 1, effective 11-26-85)

(a) All applications for permits for fortune-telling establishments shall be referred by the Police Chief to the Community Development Director, who shall make written recommendations to the Police Chief concerning compliance with the laws and ordinances that he or she administers and enforces.

(b) The Police Chief shall require an applicant to have his or her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant.

(Added by Ord. 2390-C.S., § 1, amended by Ord. 3128-C.S., § 9, effective 5-27-99)

(a) The Chief of Police shall issue all permits after the application therefor has been reviewed and approved. For good cause the Chief of Police may refuse, revoke, or suspend a permit for a fortune-telling establishment, or for any other applicant or permittee for any of the following reasons, which reasons shall be set forth fully in writing and delivered to the applicant or permittee, as is set forth in subsection (b) of this section.

(1) That the operation as proposed by the applicant, if permitted, will not or does not comply with all applicable laws, including but not limited to ordinances relating to planning, zoning, and other applicable laws and regulations which the departments named in this chapter have a responsibility to administer, and particularly the provisions of this chapter related to minimum distances between fortune-telling establishments.

(2) That the applicant or any other person who will be directly engaged in the management and operation of a fortune-telling establishment has been convicted of any of the offenses enumerated in paragraph (a)(9) of Section 4-11.202, or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California.

A permit may be issued to any person convicted of any of the offenses enumerated in paragraph (a)(9) of Section 4-11.202 if such conviction occurred more than five (5) years prior to the date of the application.

(3) That the Chief of Police is not satisfied the moral character of the applicant is such that the applicant's employment by or maintenance and operation of a fortune-telling establishment will not adversely affect the public interest, morals or welfare, or that he is not satisfied the moral character of any person who is an owner, partner, director of a corporation, stockholder holding five (5) percent or more of the stock of the corporation, or lessor or owner of the real property is such that the maintenance and operation of a fortune-telling establishment will not adversely affect the public interest, morals or welfare.

(4) That any of the provisions of this chapter have been violated or that the permittee or fortune-teller is engaged in any conduct at a fortune-telling establishment which violates any State or local law or ordinance, or that such permittee or any other person acting on the permittee's behalf has refused to allow any duly authorized building inspector or police officer of the City of Modesto to inspect the premises or the operations therein pursuant to the provisions of this chapter.

(5) That the application contains any false or misleading information.

(b) Whenever it appears to the Chief of Police that an application should be denied under (a)(1)—(5) above, or that a permittee is in violation of any of the provisions of this chapter, he shall have the authority to deny the application or to summarily suspend the permit. The suspension order shall also constitute notice of proposed revocation.

(1) The applicant or permittee shall be notified that he or she shall have ten (10) days from the date of such notice to request in writing a hearing before the Chief of Police or his designee to appeal the permit denial or to determine whether the permit should be revoked. If the applicant or permittee fails to request in writing such hearing before the Chief of Police within said period, the application will be deemed denied or the permit may be revoked.

(2) In situations other than a summary suspension, if it appears to the Chief of Police that any permittee is in violation of any of the provisions of this chapter, or that a permit was obtained by misrepresentation, the permit may be revoked. Written notice of such proposed revocation shall be given by depositing in the United States mail a notice directed to said permittee at the address given in the application. The notice shall set forth the reasons for the proposed revocation and shall notify the permittee that he or she has ten (10) days in which to file a written request for a hearing before the Chief of Police.

(3) In case of an application denial, or a summary suspension or notice of revocation, the Chief of Police shall provide a hearing within fifteen (15) days after receipt of a written request from the permittee, at which hearing the permittee may present oral or written evidence why the application should be granted or why the permit should not be revoked. Notice of the time and place of such hearing shall be given to the applicant or permittee by depositing it in the United States mail at least ten (10) days before the hearing to the address given in the application.

(4) If the application is denied or the permit is revoked, written notice shall be given to the applicant or permittee within twenty-five (25) days of the close of the hearing. Notice shall be given by the United States mail. The permittee will be presumed to have received said notice within five (5) days after mailing. It shall be unlawful for any person whose application is denied or whose permit is revoked under this section to operate a fortune-telling establishment, practice fortune-telling or be employed by same in the City of Modesto unless the City Council, on appeal, grants or reinstates the permit.

(5) Any person who operates a fortune-telling establishment or practices fortune-telling after denial of an application, summary suspension of a permit or after revocation of a permit is guilty of a misdemeanor.

(6) Any person whose permit is denied or revoked may not apply for a permit to operate a fortune-telling establishment or practice fortune-telling in the City of Modesto for a period of one (1) year from the date of such revocation.

(7) Any applicant or holder of a permit whose application is denied or whose license is revoked under this chapter shall have the right, after receiving notice in writing of the denial or revocation, to file a written appeal to the City Council pursuant to the provisions of Chapter 4 of Title 1 of this Code.

(Added by Ord. 2390-C.S., § 1, effective 11-26-85)

Permits issued under the provisions of Section 4-11.204 of this chapter shall be valid for a period of one (1) year from the date of issuance and may be renewable annually.

(a) An application for the renewal of a fortune-telling establishment permit shall be accompanied by a filing fee of eighty-five dollars ($85.00) which shall not be refundable, and which may be amended from time to time by the City Council by resolution and which shall be on file with the City Clerk and Chief of Police, and shall contain the same information as in paragraph (a) of Section 4-11.202, excluding therefrom subparagraphs (4), (6), (7), and (8).

(b) An application for the renewal of a fortune-teller permit shall be accompanied by a filing fee of twenty dollars ($20.00) which shall not be refundable, and which may be amended from time to time by the City Council by resolution and which shall be on file with the City Clerk and Chief of Police, and shall contain the same information as in paragraph (a) of Section 4-11.202, excluding therefrom subparagraphs (4), (6), (7), and (8).

(c) All applications for renewal shall be referred to the Chief of Police, who may require an applicant to have his or her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant.

(Added by Ord. 2390-C.S., § 1, effective 11-26-85)

Upon the sale or transfer of a fortune-telling establishment, the permit therefor shall be null and void; provided, however, that upon the death or incapacity of the permittee, a fortune-telling establishment may continue in business for a reasonable period of time, not to exceed three (3) months, to allow for an orderly transfer of the business. No permittee shall operate under any name or conduct his business under any designation or at any location not specified in the permit. Any fortune-teller may have a valid and unexpired permit transferred for use at any other fortune-telling establishment upon written application to the Chief of Police accompanied by a nonrefundable thirty-five dollar ($35.00) transfer fee. Upon change of location, the permittee must notify the chief of police of the change of address within twenty (20) days of the move.

(Added by Ord. 2390-C.S., § 1, amended by Ord. 2510-C.S., § 1, effective 7-2-87)