Pacifica Municipal Code Ch. 6 Fortune-Telling

It shall be unlawful for any person to carry on, practice, or profess to practice the business of astrology, palmistry, phrenology, life reading, fortune-telling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic, or necromancy within the City without having procured from the Chief of Police a permit for such activity.

(§ 1, Ord. 61, as amended by § 1, Ord. 483, and § 1, Ord. 165-C.S., eff. February 11, 1976)

Before any permit to any person engaging in the practices set forth in Section 5-6.01 of this chapter shall be issued, an application shall be made to the Chief of Police stating the permanent residence address and the telephone number of the applicant, together with his regular mailing address. In addition, the applicant and all of his partners, agents, and employees shall submit to fingerprinting by the Police Department for identification purposes.

(§ 1, Ord. 165-C.S., eff. February 11, 1976)

Any application for a permit pursuant to the provisions of this chapter shall be accompanied by the following fees:

(a) Original applications. A fee as specified by Council policy shall be paid upon the original application for the purpose of defraying the expenses of fingerprinting, police investigations, and the preparation of a license permit card; and

(b) Renewals. Such cards shall be renewed each year, and all persons shall pay a fee as specified by Council policy to the Chief of Police for each annual renewal for the purpose of defraying the administrative expenses necessary for processing such renewal.

(§ 1, Ord. 165-C.S., eff. February 11, 1976, as amended by § IX, Ord. 309-C.S., eff. October 29, 1981)

It shall be the duty of the Police Department to check all fingerprints submitted with such applications with the Federal Bureau of Investigation and the Criminal Intelligence Bureau of the State.

(a) If, from a background investigation or other reliable information, the Chief of Police finds that the applicant or any partner, agent, or employee of the applicant has made a false statement on his application or has demonstrated such character that it would be likely that the practice of fortune-telling or the like would be detrimental to the health, welfare, or safety of the citizens of the City, the Chief of Police shall report such findings at the earliest possible date to the Council with his recommendations. Such findings would be warranted by substantial evidence of conduct or conviction of a crime involving consumer fraud, extortion, or similar acts of moral turpitude.

(b) If the Chief of Police does not make the findings set forth in subsection (a) of this section, he shall have the authority as a designated agent of the Council to issue the permit provided for in this chapter. Such permit shall be in addition to any license which may be required under other provisions of this Code.

(§ 1, Ord. 165-C.S., eff. February 11, 1976)

(a) Council action to deny permits. If the Chief of Police makes the findings specified in subsection (a) of Section 5-6.04 of this chapter, the Council shall place the matter on its agenda to determine whether it shall issue the permit. No public hearing shall be required unless the applicant so requests pursuant to the provisions of subsection (b) of this section.

(b) Hearings: Notices. Thereafter, the Council shall set the matter for a decision and mail a notice to the applicant at his last known address at least ten (10) days prior to the meeting. The applicant, within seven (7) days after such notice is mailed, may request a public hearing with regard to the issuance of his permit.

(c) Council action. The Council shall have the power, by resolution, to issue the permit pursuant to this section, deny the permit, or refer the matter to the Chief of Police for additional information.

(§ 1, Ord. 165-C.S., eff. February 11, 1976)

(a) Temporary suspensions. No provision of this chapter shall be construed as authority for any permittee to engage in any unlawful business or act. The Chief of Police is hereby authorized to immediately suspend the permit of any person licensed pursuant to the provisions of this chapter whenever it appears to the Chief of Police that the permittee has engaged in any unlawful business or act. Upon such suspension the Chief of Police shall, within five (5) days, file with the Council written charges against the permittee.

(b) Hearings: Notices. Thereafter, the Council shall set the matter for a public hearing and mail a notice to the permittee at his last known address at least ten (10) days prior to the meeting.

(c) Council action. The Council shall have the power to revoke the temporary suspension, to suspend the permit for any such further period as it may deem proper, or to finally revoke or annul such permit as the facts may warrant.

(§ 1, Ord. 165-C.S., eff. February 11, 1976)