Chapter 5.40

• A. It is unlawful for any person, whether acting as principal, agent, clerk, employee or otherwise, to commence or carry on or engage in the profession, calling, art, occupation or business of astrology, palmistry, phrenology, life reading, fortunetelling, cartomancy, crystal gazing, clairvoyance, clairaudience, magic, necromancy, psychism, psychometry, mind reading, mental telepathy, automatic writing, spirit writing, trance mediumship, sandgazing, materialization, ballot reading, conducting trumpet seances, prophecy, augury, divination, the making, giving or selling of charms, potions, talismans, or magic articles, without first having made application in writing to the Tax and Permit Inspector for a permit to do so, which permit shall be issued by the Tax and Permit Inspector only after order by the Board of Police and Fire Commissioners of the City. Further the Board of Police and Fire Commissioners may in its discretion grant or deny any application presented to it under this chapter; and, the decision of the Board of Police and Fire Commissioners with respect to the granting or denying of any such application shall be final and conclusive upon all persons and parties concerned, unless set aside or reversed or modified by the City Council, upon the aggrieved permittee's appeal duly filed pursuant to the provisions of Section 1.30.050 of this code.

• B. No privilege shall be exercised under any permit hereunder save and except after the payment to the City of the permit fee fixed by Chapter 5.04 of this code.

• C. Each permit issued hereunder shall continue in force and effect from and after its issuance only throughout and during the month of its issuance and the consecutive months thereafter for which the permit fee payable monthly in advance shall have been paid.

• (Prior code §27.67; Ord. 2853 §1, 1961; Ord. 5136, 1999)

This chapter shall not, nor shall anything in this chapter contained, apply to any ordained or duly accredited clergyman, minister, pastor or missionary of any form of religious belief or accredited to or ordained by any bona fide church, ecclesiastical organization or religious corporation, while engaged in ministering as such or conducting the religious worship, work or offices of the church, ecclesiastical organization, religious corporation, or religious belief; nor, to the faith, practice or teaching of any religious body or religious belief; provided, that the fees, gratuities, emoluments or profits shall be paid solely to or for the benefit of the church, ecclesiastical organization, religious corporation, religious body or faith concerned.

Further, this chapter shall not, nor shall anything in it contained, apply to any person exercising or demonstrating or exhibiting any profession, calling, art, occupation or business above specified in any regular theater permitted by this City or in any scientific demonstration conducted in any public educational institution in this City. (Prior code §27.68; Ord. 2853 §2, 1961)

Every person violating any provision of this chapter shall be deemed guilty of a separate offense for every day during any portion of which any such violation is committed, continued or permitted by such person and shall be punishable as provided in this chapter. Each violation of this chapter shall be punishable by a fine in a sum not exceeding $200.00 or by imprisonment in the County Jail for a term not exceeding 100 days or by both such fine and imprisonment. Further the amount of any permit fee or fees which should have been paid under this chapter prior to the exercise of any privilege exercisable hereunder after the payment of the tax fixed by Chapter 5.04 shall be deemed a debt due and owing to the City, and any person who should have paid the amount of the fee or fees shall be liable to an action to collect such debt brought in the name of the City of Santa Barbara in any court of competent jurisdiction. Provided, further, that arrest and conviction shall not be construed as a waiver of the right of the City to bring such civil action nor shall the bringing of such civil action release the defendant therein, or any other person, from criminal prosecution under this chapter. (Prior code §27.69; Ord. 2853 §3, 1961)