Montclair Municipal Code Ch. 4.48 Hypnotism

"Hypnotism" means the professing to possess a technique to artificially induce a state of sleep or trance in a person by means of verbal suggestion by the hypnotist or by the person's concentration on some object, sound, suggested or visual image, or thought or feeling.

(Prior code § 5-17.01)

No person shall engage in the practice of hypnotism, either for the purpose of offering to others self improvement, personal counseling, behavior modification, or any other form of therapy or treatment, either medical or psychological, or for exhibition or entertainment purposes without first obtaining a business license issued pursuant to Chapter 4.04 of this Code and a permit to practice hypnotism in the City, and paying the appropriate fees as established in the Business License Fee resolution. Nothing in this chapter shall be construed to prevent the use of hypnotic techniques pursuant to Section 2908 of the Business and Professions Code.

(Ord. 99-791 Exh. A (part); prior code § 5-17.02)

Each applicant for a permit to practice hypnotism shall file with the collector a verified application providing the following:

A. The full name and current home address of the applicant, and the complete business address where the applicant will be engaging in business;

B. If the applicant has lived at the current residence less than two years, the two previous addresses of the applicant and the dates of residence at each;

C. The address, city and state, and dates the applicant practiced a similar business, either alone or in conjunction with others;

D. A statement of any convictions, other than minor traffic violations, civil permits involving the practice of hypnotism, or any claims of fraud or misrepresentation;

E. A description of the purposes for which the applicant's skills in hypnotism will be used;

F. A statement regarding the specific methods of advertising proposed or intended to be used in connection with the practice of hypnotism;

G. A statement that the applicant has not and will not use misleading claims, titles, degrees or other credentials or statements which misrepresent the qualifications of the applicant;

H. A list of the prices to be changed by the applicant for services to be rendered;

I. Proof that the applicant is licensed to practice hypnosis, if required by either the State Board of Behavioral Science Examiners, State Board of Medical Quality Assurance, State Department of Consumer Affairs, State Department of Health, or any other State agency authorized to license persons to practice hypnosis in the State.

(Ord. 99-791 Exh. A (part); prior code § 5-17.03)

At the time of filing an application for a permit to practice hypnotism, each applicant shall pay a nonrefundable application fee as established in the Business License Fee resolution. Such fee shall be in addition to all other applicable fees assessed by this Code.

(Prior code § 5-17.04)

The City Treasurer shall forward a copy of each application for a permit to practice hypnotism to the Chief of Police who, for the protection of the public welfare, shall order a background investigation of the applicant.

(Ord. 99-791 Exh. A (part); prior code § 5-17.05)

If, as a result of the investigation required in Section 4.48.050 of this chapter, the applicant's moral character or professional competence is found to be unsatisfactory, the applications shall be disapproved and the Chief of Police shall forward any reasons for disapproval to the City Treasurer who shall so notify the applicant.

(Ord. 99-791 Exh. A (part); prior code § 5-17.06)

An applicant aggrieved by the action of the City Treasurer or Chief of Police in the denial of a permit shall have the right to appeal to the City Council pursuant to the provisions set forth in Chapter 1.08 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 5-17.07)

If, as a result of the investigation required in Section 4.48.050 of this chapter, the Chief of Police recommends approval of the application, the City Treasurer may issue a permit and a business license pursuant to this chapter and Chapter 4.04 of this Code, and upon such conditions as are reasonable and proper.

(Ord. 99-791 Exh. A (part); prior code § 5-17.08)

Upon approval of the application, the City Treasurer shall issue a permit and a business license only after the applicant has posted with the City cash or a surety bond. The surety bond shall be issued through an acceptable individual or corporate surety licensed and doing business in the State of California. The guarantor of the surety bond shall be bound with the principal (applicant) for the payment of a sum of money for every debt, obligation, miscarriage or default of the principal and for any loss, damage, theft, or claim of fraud or misrepresentation suffered by any customer or patron of the principal. The value of the cash or surety bond posted shall be established by the City Treasurer, shall be incorporated into the body of rules, regulations, and fee adjustments known collectively as the "City of Montclair Business License Policies and Procedures" and shall be consistent with the provisions of this chapter and the laws of the State of California. The "City of Montclair Business License Policies and Procedures" shall be placed in written form and approved by the City Manager before becoming effective.

(Ord. 99-791 Exh. A (part): prior code § 5-17.09)

Any permit issued pursuant to this chapter is accepted by the permittee with the understanding that it may be revoked upon action by the City Council to amend this Code as it relates to hypnotism or upon determination by the City Manager or authorized representative that the permit was obtained by a false representation of facts or that the permittee is in violations of the relevant provisions of this Code or laws of the City, State or of the United States. The City Treasurer may recommend to the City Manager the cancellation of any permit and business license issued pursuant to this chapter and Chapter 4.04 of this Code. Upon receipt of such recommendation, the City Manager shall set the matter for hearing and cause notice of the time and place of the hearing, and the grounds upon which it is proposed to revoke such permit and license, to be given to the permittee not less than five consecutive days prior to such hearing. An such hearing the City Manager shall determine if the permit and license shall be revoked. Permittee shall have the right to appeal the decision of the City Manager or authorized representative to the City Council pursuant to Chapter 1.08 of this Code. When a person's permit and/or license has been revoked, no permit and/or license to engage in any business in the City shall be issued to such persons for a period of six months following the date of revocation.

(Ord. 99-791 Exh. A (part); prior code § 5-17.10)

The City Treasurer may make rules and regulations and adjust fees consistent with the provisions of this chapter and the laws of the State of California. Such rules, regulations, and fee adjustments shall be established to clarify provisions of this chapter or aid in their enforcement. The body of such rules, regulations, and fee adjustments shall be known collectively as the "City of Montclair Business License Policies and Procedures," and shall be placed in written form and approved by the City Manager before becoming effective.

(Ord. 99-791 Exh. A (part): prior code § 5-17.12)

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 or healer (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 are recognized by all churches of like faith; provided that:

A. The fees, donations, offerings, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely on or for the benefit of rise bona fide church or religious association, as defined herein;

B. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in subsection A of this section, shall file with the City a copy of the certificate and the street address and telephone number of the location at which the activity of hypnotism is to be conducted.

(Ord. 99-791 Exh. A (part); prior code § 5-17.13)