§ 8-31. Repealed by Ordinance No. 673.

§ 8-32. City may enjoin violation. [Ord. No. 668, § 2(part), 1976.]

The city may bring an action in a court of competent jurisdiction to enjoin the violation of Section 326.5 of the Penal Code of the state, or of this article.

§ 8-33. Severability. [Ord. No. 668, § 2 (part), 1976.]

If any section, subsection or portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this part. The city council declares that it would have adopted this article and each section, subsection or portion thereof irrespective of the fact that any one or more of the sections, subsections or portions may be declared invalid or unconstitutional.

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City of Oakdale, CA § 8-34

CARDROOMS

§ 8-37

ARTICLE III Fortune-Telling

§ 8-34. Definitions. [Ord. No. 857, § 3.]

FOR PAY — Shall mean for a fee, reward, donation, loan or receipt of anything of value.

FORTUNE-TELLING — Shall mean telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic, of any kind or nature.

§ 8-35. Permit and compliance with conditions required. [Ord. No. 857, § 3.]

• (a) Notwithstanding any other provision of this Code, no person shall conduct, engage in, carry on, participate in, or practice fortune-telling or cause the same to be done for pay without having first obtained a permit from the city administrator and without having posted and maintained in full force and effect a surety bond as required in section 8-6.

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

§ 8-36. Permit application. [Ord. No. 857, § 3.]

Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortune-telling shall file a separate verified application for a permit with the city administrator. The application shall contain:

• (a) The name, home and business address, and home and business phone number of the applicant.

• (b) The record of conviction for violations of the law, excluding minor traffic violations.

• (c) The fingerprints of the applicant on a form provided by the Oakdale City Police Department.

• (d) The address, city and state, and the approximate dates where and when the applicant practices a similar business, either alone or in conjunction with others.

• (e) An application fee of one hundred dollars.

§ 8-37. Investigation. [Ord. No. 857, § 3.]

Upon the filing of the application, it shall be referred by the city administrator to the police department for 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 city administrator within fourteen days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth. At the time of filing of the report and recommendation with the city administrator a copy thereof shall be served personally or by certified mail by the city administrator on the applicant, accompanied by

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City of Oakdale, CA

CARDROOMS

§ 8-37

§ 8-39

a notice to the applicant may request to be heard when the city administrator considers the application and report.

§ 8-38. Hearing and decision by the city administrator. [Ord. No. 857, § 3.]

• (a) The city administrator shall consider the application and report and recommendation at a hearing held by him on or before the seventh day after the filing of the report and recommendation referred to in section 8-4.

• (b) Notice of the time and place of the hearing shall be given to all parties by the city administrator at least three days prior to the hearing.

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

• (d) City shall have the burden of proof to show the permit should be denied.

• (e) The decision of the city administrator 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 city administrator shall make his order denying or granting the application within twenty-four hours after completion of the hearing on the application for a permit and shall notify the applicant of his action by personal service or certified mail.

§ 8-39. Issuance of permit. [Ord. No. 857, § 3.]

• (a) The city administrator shall approve the issuance of the permit if he finds:

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

  • (2) The applicant has not, within the previous six months, been convicted of any violation of this chapter or any law relating to fraud or moral turpitude.

  • (3) The applicant appeared in person at the hearing.

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

• (b) The city administrator shall deny the permit only if it cannot make each of the findings set forth above.

• (c) If the city administrator approves the permit, he shall issue the permit when:

  • (1) The fee required by section 16-10A, subsection (b) (18) has been paid.

  • (2) The applicant has posted with the city clerk, surety bond in the principal sum amount of ten thousand dollars executed as surety by a good and sufficient corporate surety authorized to do a surety business in the State of California and as a principal by the applicant. The form of the bond shall have been approved by the city attorney and shall have been given to insure goodfaith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, theft, or other unfair dealings suffered by any patron of the applicant within the city during the term of the permit.

• (d) The term of the permit shall be for one year. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new

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City of Oakdale, CA § 8-39

OAKDALE CITY CODE

§ 8-41

application.

§ 8-40. Permit revocation. [Ord. No. 857, § 3.]

Upon the discovery of any false or misleading statement in the application or any misrepresentation by the applicant in procuring the permit or upon the termination of the bond required hereunder or upon the applicant's violation of any provision of this chapter, the city administrator may conduct a hearing upon five days written notice to the applicant to determine whether the permit should be revoked.

§ 8-41. Exceptions. [Ord. No. 857, § 3.]

• (a) The provisions of this chapter shall not apply to any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations of mind-reading, mental telepathy, thought conveyance, or the giving of horoscopic readings, at public places and in the presence of and within the hearing of other persons and at which no questions are answered, as part of such entertainment, except in a manner to permit all persons present at such public place to hear such answers.

• (b) 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, healer, or clairvoyant, hereafter 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 is recognized by all churches of like faith; provided that:

  • (1) Except as provided in paragraph (3) hereof, 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 (b).

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

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

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City of Oakdale, CA