Selma Municipal Code Ch. 20 Fortune Telling

(A) Purpose: The purpose of this chapter is to regulate the business of fortune telling to protect users of such services from, among other things, fraud.

(B) Definition: As used in this chapter, the term "fortune telling" shall mean and include the practice of astrology for compensation, palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, medium shift, prophecy, augury, divination, necromancy, and graphology. (Ord. 2012-2, 5-7-2012)

No person may engage in fortune telling for compensation in the city of Selma without a license issued by the city pursuant to this chapter. (Ord. 2012-2, 5-7-2012)

Any person who desires a license for fortune telling shall file an application with the city manager on a form furnished by the city. The form shall require the applicant to furnish, at a minimum, the following:

(A) Name of the applicant;

(B) Permanent home address of applicant;

(C) Present or proposed address where applicant will engage in fortune telling business;

(D) A brief description of the proposed business;

(E) A statement, under penalty of perjury, as to whether the applicant has ever been convicted of violating section 332 of the California Penal Code or a crime involving moral turpitude, the nature of the offense and the penalty imposed. (Ord. 2012-2, 5-7-2012)

When an application is filed, the applicant shall pay a fee as fixed and amended, from time to time, by resolution of the city council for the cost of processing the application. The application fee is nonrefundable and is in addition to any/all other fees prescribed by this chapter or any other fee required by this code or any other statute or regulation. (Ord. 2012-2, 5-7-2012)

(A) Investigation: Upon receipt of an application, the city manager shall have an investigation made of the applicant's criminal and/or business record, which may include any civil judgments against the applicant. The city manager may refer the applicant to the chief of police for a report and recommendation.

(B) Right To Refuse: If the city manager finds and determines that the applicant has been convicted of a crime involving moral turpitude and/or Penal Code section 332, or is subject to a civil judgment for fraud or similar acts of deception the city manager shall refuse to issue a license. Upon determining to refuse to issue a license, the city manager shall notify the applicant of his or her decision in writing, mailed to the applicant at the address provided by the applicant via first class mail, postage prepaid within forty five (45) days after the filing of the application. The decision of the city manager shall be final fifteen (15) days from the date the notice of denial is mailed unless the applicant files an appeal as described in subsection (C) of this section.

(C) Appeal From Denial Of Permit To The City Council: The applicant may appeal the decision of the city manager to deny a fortune telling license by filing with the city clerk a written request for an appeal to be heard by the city council. The applicant shall file the request and pay a fee as fixed and amended from time to time by resolution of the city council within fifteen (15) days from the date of the mailing of the notice of the city manager denying the application. Upon receipt of the request for appeal, the city manager shall fix a time and place for a hearing by the city council of the appeal within forty five (45) days but not less than fifteen (15) days after receipt of the request for appeal and shall give written notice of the hearing to the applicant by first class mail, postage prepaid, to the address provided by the applicant. The city council shall hear the appeal and make a decision within thirty (30) days after close of hearing. The decision of the city council shall be final. The city council shall notify the applicant of its decision in writing.

(D) Conditional Approval: If the city manager finds that the applicant has not been convicted of a crime involving moral turpitude and the applicant's business record is satisfactory, the city manager shall notify the applicant of the city's intent to issue a license conditioned upon the applicant obtaining a land use permit pursuant to section 5-20-6 of this chapter within one hundred twenty (120) days after the date of conditional approval.

(E) Failure To Give Notice: If the city manager fails to give notice to the applicant of denial or conditional approval of a fortune telling license within forty five (45) days after the filing of the application the application will be deemed denied and may be appealed to the city council pursuant to subsection (C) of this section. (Ord. 2012-2, 5-7-2012)

(A) Application: If the city manager, pursuant to section 5-20-5 of this chapter, decides that a license may be issued to the applicant, the applicant shall file with the planning commission an application for a land use permit for a particular location. The applicant shall pay a fee for the application for a land use permit that is equal to the fee charged for a site plan review as set by resolution of the city council.

(B) Consideration And Conditions Of Approval: In addition to any other provision of this code, the planning commission in considering an application for a land use permit for fortune telling shall have the discretion to:

1. Consider and fix and/or prescribe advertising and signs;

2. Consider and approve exterior appearance and elevations of the premises;

3. Limit the number of employees in fortune telling and/or prohibit persons convicted of a crime involving moral turpitude from engaging in fortune telling on the premises;

4. Limit the hours of operation, and other business conducted on the premises.

(C) Permanent Premises Required: The planning commission shall not issue a conditional use permit for the operation of a fortune telling business from a trailer, vehicle or temporary structure.

(D) Zoning Requirements: The planning commission shall not consider or approve any application for a land use permit for the conduct of the business of fortune telling in any land use or zoning district other than the commercial districts.

(E) Appeal: Any party aggrieved by the decision of the planning commission whether or not to issue a land use permit may appeal said decision to the city council pursuant to the procedure prescribed by section 11-16-5 of this code relating to conditional use permits. (Ord. 2012-2, 5-7-2012)

If the city manager notifies the applicant of his or her intent to issue a license pursuant to section 5-20-5 of this chapter and the planning commission approves a land use permit pursuant to section 5-20-6 of this chapter, then the city manager shall issue a license for fortune telling to the applicant subject to the terms and conditions of the land use permit and any other terms and conditions the city manager may impose if the city manager finds that it is necessary to do so in order to protect the general public from the threat of fraud or misrepresentation or public nuisance. (Ord. 2012-2, 5-7-2012)

A license for fortune telling in the city of Selma may not be assigned or transferred. (Ord. 2012-2, 5-7-2012)

(A) Expiration: A license for a fortune telling business shall expire one year from the date of issuance.

(B) Renewal: The holder of a fortune telling license may file an application for renewal with the city manager on a form provided by the city and paying the license renewal fee which shall be set by resolution of the city council in an amount necessary to cover the costs to the city of processing the license renewal. In determining whether or not the holder of a license shall have the license renewed, the city manager may deny renewal of the license if the city manager, in his or her discretion, finds that any of the conditions for revocation or suspension as described in section 5-20-10 of this chapter exist.

(C) Appeal: The holder of the license may appeal the decision of the city manager to deny renewal of the license in the same manner described in subsection 5-20-5(C) of this chapter. (Ord. 2012-2, 5-7-2012)

(A) Grounds For Suspension Or Revocation: The city manager may suspend or revoke the fortune telling license for one or more of the following grounds:

1. Fraud, misrepresentation or false statement contained in the application;

2. Violation of an ordinance or regulation of the city, or the conditions of the conditional use permit;

3. Conviction of a crime involving moral turpitude;

4. Fraud, misrepresentation or false statement made in the course of engaging in the fortune telling business;

5. Conducting the fortune telling business in violation of a term or condition of the license, or in a manner that is in breach of the peace or a nuisance or endangers the health, safety, or general welfare of the public.

(B) Duration Of Suspension: The city manager shall have the authority to determine the duration of any suspension he or she deems necessary and to impose new or additional terms and conditions upon the license when the suspension is terminated. The suspension or revocation will be effective immediately upon personal service of the notice of suspension or revocation or three (3) days after mailing a notice of suspension or revocation to the licensee.

(C) Appeal: The licensee may appeal a decision by the city manager to suspend or revoke the license to the city council in the manner described in subsection 5-20-5(C) of this chapter. (Ord. 2012-2, 5-7-2012)

The licensee shall keep and maintain records and pay or have levied taxes in accordance with this title. (Ord. 2012-2, 5-7-2012)

A person who violates this chapter shall be subject to the penalties prescribed in title I, chapter 4 of this code. (Ord. 2012-2, 5-7-2012)

Nothing in this chapter shall be construed to prohibit or interfere with any person's exercise of free and open speech or religion. (Ord. 2012-2, 5-7-2012)