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O 611 ORDINANCE NO. 611 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 5.80 TO THE ARROYO GRANDE MUNICIPAL CODE REGARDING FORTUNE TELLING AND RELATED PRACTICES WHEREAS, the City Council of the City of Arroyo Grande ("City finds that it is in the best interest of the community to regulate the business of fortune- telling, palm- reading, numerology, and related practices to protect against potential abuses. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Arroyo Grande Municipal Code Chapter 5.80 is hereby added as set forth in "Exhibit A" attached hereto and incorporated herein by this reference. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unlawful. SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member Guthrie, seconded by Council Member Arnold, and on the following roll call vote to wit: AYES: Council Members Guthrie, Arnold, Fellows, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Ordinance was adopted this 22 day of September 2009. ORDINANCE NO. 10 PAGE 2 TONY FER MAYOR ATTEST: KELLY ET) RE, CITY CLERK APPROVED AS TO CONTENT: T E E ADAMS, CITY MANAGER APPROVED AS TO FORM: /Iti- TI THY J. RMEL, CITY ATTORNEY ORDINANCE NO. 611 PAGE 3 "EXHIBIT A" CHAPTER 5.80 Fortune telling and related practices. 5.80.010 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: "Chief of Police" means the Chief of Police of the city and his /her designee. "City" means the City of Arroyo Grande. "Council" means the City Council of the city. "Fortune- telling" means telling of fortunes and forecasting of futures by means of any occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, numerology, hypnosis, phrenology, spirits, tea leaves or other such reading, mediumship, seership, augury, astrology, palmistry, necromancy, biochart, mind reading, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, cunning or foresight, crystal gazing, divination, prophecy mysteries or magic of any kind or nature. "Fortune- teller" means any person who advertises by sign, circular, handbill, newspaper, periodical, magazine or other means whatsoever the practice of fortune telling and /or occult arts, and shall include any person who advertises as a "psychic" or "spiritual reader" or "spiritual counselor" for the purpose of the practice of fortune- telling and /or the occult arts. "Fee" means for a fee, reward, donation, loan or receipt of anything of value in exchange for the practice of fortune- telling and occult arts. "Establishment" means the premises, location or place advertised for or purported to be used for the practice of fortune telling and /or occult arts. 5.80.020 Fortune telling establishment permits required. No person shall conduct, engage in, carry on, participate in, advertise or practice fortune- telling or cause the same to be done for a fee without having first obtained a permit from the Chief of Police and a business license from the Administrative Services Department. 5.80.030 Fortune telling permits required. No person shall practice fortune telling as a fortune teller, employee or otherwise unless he /she has a valid and subsisting fortune teller's permit issued to him or her by the Chief of Police pursuant to the provisions of this chapter. ORDINANCE NO. 611 PAGE 4 5.80.040 Applications for fortune- telling establishment permits. Any person desiring a fortune telling establishment permit shall file a written application with the Chief of Police on a form to be furnished by the Chief of Police. The applicant shall accompany the application with a tender of the correct permit fee as provided in this chapter and shall, in addition, furnish the following: A. The type of ownership of the business or establishment, i.e., whether and individual, partnership, corporation or otherwise; B. The name, style and designation under which the business or practice is to be conducted; C. The business address and all telephone numbers of the establishment where the business is to be conducted, including a physical description of the premises; D. A complete list of the names and addresses of all fortune tellers and employees in the business and the name and address of the manager or other person principally in charge of the operation of the business; E. The following personal information concerning the applicant, if an individual; and concerning each stockholder holding more than five percent of the stock of the corporation, each officer, and each director, if the applicant shall be a partnership; and concerning the manager or other person principally in charge of the operation of the business: 1. Names, including any and all maiden, fictitious or other names ever used by the applicant; complete residence addresses, and residence telephone numbers, 2. The two previous addresses immediately prior to the present address of the applicant, 3. Written proof of age, 4. The height, weight, color of hair and eyes, and sex, 5. One front face portrait photograph at least two inches by two inches in size, 6. The fortune telling or similar business history and experience, including, but not limited to, whether or not such person in previously operating in the city, or in another city or county or state under a license or permit, has had such license or permit denied, revoked or suspended and the reason therefore, and the business activities or occupations subsequent to such action of denial, suspension or revocation, 7. All criminal convictions, other than infraction traffic violations, fully disclosing the jurisdiction in which convicted, the offense for which convicted, and the circumstances thereof, 8. A complete set of fingerprints in accordance with the format prescribed by the Police Department, 9. Such other identification and information necessary to discover the truth of matters hereinabove specified as required to be set forth in the application. ORDINANCE NO. 611 PAGE 5 F. Authorization for the city and its agents and employees to seek information and conduct an investigation of the statement set* forth in the application and the qualifications of the applicant for the permit; and G. A statement in writing by the applicant that he /she certifies under penalty of perjury that the information contained in the application is true and correct ant that the statement is duly dated and signed in the state. 5.80.050 Applications for fortune telling permits. Any person desiring a fortune telling permit shall file a written application with the Chief of Police on a form to be furnished by the Chief of Police. The applicant shall accompany the application with a tender of the correct permit fee as provided for in this chapter and shall, in addition, furnish the following: A. The business address and all telephone numbers of the establishment where fortunetelling is to be practiced; B. The following personal information concerning the applicant: 1. The name, including any and all maiden, fictitious or other names ever used by the applicant; complete residence address, and residence telephone number. 2. The two previous addresses immediately prior to the present address of the applicant, 3. Written proof of age, 4. The height, weight, color of hair and eyes, and sex, 5. One front face portrait photograph at least two inches by two inches in size, 6. The fortune- telling or similar business history and experience, including, but not limited to, whether or not such person in previously operating in the city, or in another city or county or state under a license or permit, has had such license or permit denied, revoked or suspended and the reason therefore, and the business activities or occupations subsequent to such action of denial, suspension or revocation, 7. All criminal convictions, other than infraction traffic violations, fully disclosing the jurisdiction in which convicted, the offense for which convicted, and the circumstances thereof, 8. A complete set of fingerprints in accordance with the format prescribed by the Police Department, 9. Such other identification and information necessary to discover the truth of matters hereinabove specified as required to be set forth in the application. C. Authorization for the city and its agents and employees to seek information and conduct an investigation of the statements set forth in the application and the qualifications of the applicant for the permit; and D. A statement in writing by the applicant that he /she certifies under penalty of perjury that the information contained in the application is true and correct and that the statement is duly dated and signed in the state. ORDINANCE NO. 611 PAGE 6 5.80.060 Business license. At the time of application for a fortune telling establishment permit applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 5.02.070 of this Code. No business license shall be issued until the investigation is completed and the permit is approved. The business license shall be issued upon payment of the business license fee as provided in Chapter 5.02.050 of this Code. 5.80.070 Permit fee and investigation. All applications for permits shall be accompanied by a fee as established by resolution of the City Council from time to time. Additional fees may be charged to cover costs of processing the applicant's fingerprints by the State of California. Upon receiving an application for a fortune telling establishment permit or fortune- telling permit, the Chief of Police, or his /her designee, shall conduct and complete an investigation into the applicant's moral character and personal and penal history and either grant or deny the permit within a period of thirty (30) days after the submission of the completed applications provided that said thirty (30) days may be extended for such period as may be necessary to obtain fingerprint records from the appropriate state and federal agencies. Before any permit shall be issued under this chapter, the Chief of Police shall first sign his /her approval to the application. Should the Chief of Police fail to approve the permit application, he /she shall state his /her reasons therefore in writing, particularly discussing those grounds for the denial of a permit set forth in Section 5.80.080 of this Chapter and the Police Department shall notify the applicant thereof by first class mail. 5.80.080 Issuance or denial of fortune telling establishment permits. The Chief of Police shall issue a fortune- telling establishment permit within thirty (30) days after the receipt of an application if upon investigation it is found that: A. The correct permit fee has been tendered to the city and, in the case of a check or bank draft, has been honored with payment upon presentation; B. The operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the city's building regulations; C. The applicant has not been convicted of any offense involving dishonesty, fraud or deceit with the intent to substantially benefit himself /herself or another or substantially injure another unless such act occurred more than five (5) years prior to the date of application; D. The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the city in conjunction therewith; ORDINANCE NO. 611 PAGE 7 E. The applicant has not had a fortune telling establishment permit, fortune telling permit, or other similar permit or license denied, revoked, or suspended for any of the above causes by any state or local agency within five (5) years prior to the date of the application; and, F. The applicant and the manager or other person principally in charge of the operation of the business is eighteen (18) years of age or older. 5.80.090 Issuance or denial of fortune telling permits. The Chief of Police shall issue a fortune telling permit within thirty (30) days after the receipt of an application if upon investigation and the report that may be filed it is found that: A. The correct permit fee has been tendered to the city and, in the case of a check or bank draft, has been honored with payment upon presentation; B. The applicant has not been convicted of any offence involving dishonesty, fraud or deceit with the intent to substantially benefit himself /herself or another or substantially injure another unless such act occurred more than five (5) years prior to the date of the application; C. The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the city in conjunction therewith; D. The applicant has not had a fortune telling establishment permit, fortune telling permit, or other similar permit or license denied, revoked or suspended for any of the above causes by any state or local agency within five (5) years prior to the date of the application; and E. The applicant is eighteen (18) years of age or older. 5.80.100 Appeal. In the event a permit has been denied, applicant shall have ten (10) days from the date of mailing the notice within which to appeal to the City Council by filing a written application for a public hearing with the City Clerk. Notice and a public hearing shall be given as follows: A. Upon receipt of the appeal, the City Clerk shall set the matter for hearing before the City Council, at a regular meeting thereof, within sixty (60) days from the date of filing the appeal and shall give written notice of such hearing to the applicant at his or her address set forth in the appeal by first class mail at ten (10) days prior thereto; B. On the date set, the City Council shall hear the matter, and may continue it from time to time before reaching a decision. If the City Council finds that the applicant has satisfactorily met all of the requirements of this chapter, it shall order the issuance of the permit and business license. If it finds that the requirements have not been met satisfactorily, it shall deny the permit and license; and, C. All findings of the City Council shall be final and conclusive upon the applicant. ORDINANCE NO. 611 PAGE 8 5.80.110 Revocation or suspension of permits. Any fortune telling establishment or fortune telling permit issued under this Chapter shall be subject to revocation or suspension by the Chief of Police for the violation of any provision of this Chapter or for any grounds that would warrant the denial of issuance of such permit in the first place. 5.80.120 Hours permitted. It shall be unlawful to keep open to the public or to conduct the activity and practices defined in this chapter on any day of the week between the hours of twelve (12:00) midnight and eight (8:00) a.m. 5.80.130 Inspection. The Chief of Police, Fire Chief and Building Official and their designees shall have the right to enter the fortune telling establishment from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with applicable building, fire or electrical regulations and the provisions of this Chapter. 5.80.140 Records. Every person operating a fortune- telling establishment under a permit as herein provided shall keep accurate business records. Said records shall be maintained and open for inspection for a period of three (3) years and shall be kept on the premises of the fortune telling establishment. Failure to keep and maintain said records as provided in this section shall be grounds for suspension or revocation. 5.80.150 Display of permit. The permit issued to a fortune- telling establishment shall be prominently displayed at the permitted premises. Each person issued a fortune teller permit under this Chapter shall have it in his /her possession, and it shall be displayed to any person upon request. No fortune telling establishment or fortune telling permit shall be transferable, separate or divisible, and such authority as a permit confers shall be conferred only on the permittee therein. 5.80.160 Notification of changes. Every fortune telling establishment permittee shall report immediately to the Chief of Police, or his /her designee, any change of individuals, associations, partnerships or ORDINANCE NO. 611 PAGE 9 corporations having a financial interest in the fortune telling establishment, or any transfer of interest in said establishment by such individuals, associations, partnerships or corporation. Further, any person granted said permit shall report immediately to the Chief of Police, or his /her designee, any change of location or address of the fortune telling establishment. Said change shall be approved by the Chief of Police upon the determination that the provisions of this Chapter have been fully met. Every fortune- teller shall report immediately to the Chief of Police any and all changes of employment, whether by new or renewed, discharge, termination or otherwise, giving the name and address of the former employer, if any, and the name and address of the new employer, if any. 5.80.170 Permit period. All fortune- telling establishment and fortune telling permits shall be issued for the period of a calendar year and expire on the last day of the calendar year. Applications for the next ensuing calendar year may be filed with the Chief of Police, beginning sixty (60) days before the next ensuing calendar year. 5.80.180 Exemptions. 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 the manner to permit all persons present at such public place to hear such answers, when not conducted in connection with the business of fortune telling. 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 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, further, that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of said church or religious association. C. Nothing in this section shall be construed as exempting any person from the payment of any applicable business license fee which may be required to be paid by the licensing provisions of this Code. OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 611 which was introduced at a regular meeting of the City Council /Redevelopment Agency on September 8, 2009; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 22 day of September, 2009; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25 day of September 2009. A KELLY ET ORE, CITY CLERK