San Fernando Municipal Code Div. 2 Permit

No person shall engage in, carry on, practice, or profess to practice the business or act of fortunetelling or other similar business or act and demand or receive directly or indirectly any fee, gift, donation or reward therefor without a permit issued pursuant to this division.

(Code 1957, § 9A.1)

Under this division, the application, investigation, and permit fees shall be set by resolution of the city council.

(Code 1957, § 9A.3)

(a) Any person desiring to obtain a permit to operate, engage in, conduct or carry on any fortunetelling business shall make application to the chief of police or his designated representative. Prior to submitting such application, a nonrefundable fee shall be paid to the city clerk to defray, in part, the cost of investigation and report required by this division. The city clerk shall issue a receipt showing that such application fee has been paid. The receipt or a copy thereof shall be supplied to the chief of police at the time such application is submitted.

(b) The application for a permit does not authorize the engaging in, operation of, conduct of, or carrying on of any fortunetelling business or act.

(Code 1957, § 9A.4)

(a) Each application for a fortunetelling business permit shall contain the following information:

(1) The full, true name and any other names used by the applicant.

(2) The present address and telephone number of the applicant.

(3) The previous addresses of the applicant, if any, for a period of five years immediately prior to the date of the application and the dates of residence at each.

(4) The applicant's height, weight, color of eyes and hair, and date and place of birth.

(5) Two photographs of the applicant, with head and shoulder view, at least two inches by two inches taken within the last six months.

(6) The business, occupation or employment history of the applicant for the five years immediately preceding the date of application.

(7) The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state, or territory under license, has had such license or permit for a fortunetelling business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

(8) All convictions within the last five years of any crime involving dishonesty, fraud, deceit, or moral turpitude.

(9) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this division, but only one application fee shall be charged.

(10) Such other identification and information as the police department may reasonably require in order to discover the truth of the matters specified in this subsection as required to be set forth in the application.

(b) The chief of police shall require the applicant to furnish fingerprints.

(Code 1957, § 9A.5)

The applicant for the permit required under this division, if an individual, or the designated responsible managing officer, if a partnership or corporation, shall personally appear at the police department and produce proof that a nonrefundable application fee, established by resolution of the city council, has been paid and shall present the application containing the information required in section 22-360.

(Code 1957, § 9A.6)

The chief of police shall have 60 days to investigate the application for the permit required by this division and the background of the applicant. Upon completion of the investigation, the chief of police shall grant the permit if he finds that:

(1) The required fee has been paid.

(2) The application conforms in all respects to this division.

(3) The applicant has not knowingly made a material misrepresentation in the application.

(4) The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors if the applicant is a corporation or any of the partners including limited partners if the applicant is a partnership has not, within the last five years, been convicted in a court of competent jurisdiction of any crime involving dishonesty, fraud, deceit, or moral turpitude.

(5) The building, structure, equipment and location of such business, as proposed by the applicant, would comply with all applicable laws, including but not limited to health, zoning, fire and safety requirements and standards.

(Code 1957, § 9A.7)

If the chief of police, following investigation of the applicant for the permit required by this division, deems that the applicant does not fulfill the requirements as set forth in this division, he shall notify the city administrative officer of such opinion and, within 60 days of the date of the application, provide copies of the investigation report to the city administrative officer. The city administrative officer shall, within 20 days, grant the permit or deny the application and notify the applicant by certified mail of such denial. Any applicant who is denied a permit by the city administrative officer may appeal such denial to the city council pursuant to section 22-365.

(Code 1957, § 9A.8)

(a) This division shall not apply to any person solely because of the fact that he 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, when not conducted in connection with the business of telling fortunes. Nothing in this section, however, shall be construed as exempting any person from the payment of the applicable license fee, if any, required to be paid by article II of this chapter.

(b) No person shall be required to pay any fee or take out any license 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 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 the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious association and provided, further, that the person holding a certificate of ordination from such bona fide church or religious association, as set forth in this section shall, before practicing the profession specified in this article, file with the tax collector a certified copy of his certificate of ordination with his name, age, and street address in the city where he intends to carry on the business. Such bona fide church or religious association, as defined in this section, may, however, pay to its ministers, missionaries, mediums, or workers a salary or compensation based on a percentage basis, provided that the agreement between the church and the minister, missionary, medium or worker is embodied in a resolution and transcribed in the minutes of such church or religious association.

(c) No person shall be required to pay any fee or take out any license for carrying on the art of reading tea leaves in any bona fide, regularly established restaurant for the purpose of amusement of the patrons of the restaurant, where no charge for such readings is made.

(Code 1957, § 9A.9)

(a) Any permit issued under this division and any license issued under article II of this chapter may be revoked by the administrative officer after notice and hearing for any of the following causes:

(1) Material false statements contained in the application for the permit.

(2) Material false statements by the permittee in the course of carrying on his business.

(3) Failure of the permittee or any employees or subcontractors of the permittee to comply with the regulations set forth in this division.

(4) Conviction of any felony or any misdemeanor involving moral turpitude.

(5) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

(b) Notice of the hearing for revocation of a permit and license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permittee at his last known address at least ten days prior to the date set for the hearing.

(Code 1957, § 9A.10)

Any person aggrieved by the action of the chief of police or the city clerk in the denial of an application for the permit, as provided in this division, or in the decision with reference to the revocation of a permit, as provided in this division, and a license under article II of this chapter shall have the right of appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action to deny the permit or revoke the permit and license has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in this division for the notice of the hearing of revocation. The appeal shall be heard and decided by the council within 30 days from the date such appeal was filed, unless such time limit is extended, with the written consent of the appellant. The decision and order of the council on such appeal shall be final and conclusive.

(Code 1957, § 9A.11)