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HomeMy WebLinkAboutOrd 798-1979 ORDIN,~NCE NO. 798-79 AN'ORDINANCE REGULATING PALMISTRY AND OTHER SIHILAR PRACTICES The City Council of the City of South San Francisco does ordain as follows: :, SECTION I - Prohibited Acts v It shall be unlmcful for any person to advertise, carry on, practice or profess to practice the business of, or.att'of: Astrology, Palmistry, Phrenology, Lifereading, Crystal. Gazing, Hypnotism, Mediumship, Spirit Photograph, Spirit Writing, Spirit Voices, Spirit Materialization, Ethereality, Prophesy, Augury, Divination, Magic, Necromancy, Numerology, Mesmerism,. Oriental Mysteries, Physiognomy, Psychometry, Seership, Character Reading, and Fortune Telling by band- writing analysis, or other similar business or art without first obtaining a permit from the City Council as provided herein. SECTION II - Premises Signs All sign~_posted on premises Shall comply with applicable zoning, sign, building, and otherCity ordinances. SECTION III - Definition of Person The term "person" as used in this ordinance shall be defined to include any individual, firm· partnership, corporation, association of persons or entity. SECTION IV - Applicant_ Any person, partner, agent, employee, servant or family member desiring to carry on any of the business or arts described in Section I above, shall first apply to the Department of Finance for a permit, At the time of application, said appRicant shall complete and sign such application forms as prescribed by the Director of Finance and pay an application fee of $100.00. 'In addition, said applicant shall provide the Police Department of the City of South San Francisco proof of his or her right name, and employment or business record for the previous five years. The applicant and all prospective employees of applicant shall provide two 1-1/2" x 1-1/2" photographs -1- along with the application form. Each applicant and all partners, agents, employees, or servants shall submit to fingerprinting by said Police Department for identification purposes. It shall ye the duty of said Police Department to check all of said fingerprints with the Federal Bureau of Investigaiion and the California Criminal Intelligence Bureau. If said Police Department shall ascertain that the applicant, or any of said persons, shall have a criminal record, falsified application, or shall bt of undesirable character, it shall be the duty of the Chief of Police to report such matters, at the earliest possible date, to the City Council with his recommendation and, in,the meantime, no license o~ permit may be issued to such person, pending action by said City Council. If, upon the police report, such person shall be denied a license or permit, or if he shall withdraw'his application'aftef the Police Department has commenced its investigation, he shall be entitled to:a refund of the application fee paid to the DePartment of Finance provided, however, that there shall be deducted therefrom the smn of $S0.00 to be retained by the City as reimbursement for the cost of making each investigatibn. Upon completion or. the investigation by the Police Depart- ment, the Director of Finance shall notice a public hearing before the City Council by publishing same in the Enterprise Journal or such other newspaper that is generally circulated within the City of South San Francisco. Said publication shall be made at least ten days prior to the date of such public hearing. SECTION V - Public Hearing At the time of the public hearing, the Police Department shall provide the City Council with a report on the applicant and the prospective employees of applicant and the City Council shall hear all evidence in support of and'in opposition to such application. Thereupon, the City Council. shall have the power to g~ant a license to applicant if it feels that the granting of such application is not detrimental to the healthf safety, business, morals, ~omfort, and general welfare of persons residing in or working in the City, or. is detrimental or injurious to property and improvements in the neighborhood in which such business or art is to be conducted, and is not contrary to the general welfare of the City, and good cause is shown for the granting of such' application. SECTION VI - License Issuance and Fee In the event the City Council determines a license should be granted to an applicant hereunder, said license shall be issued by the Director of Finance after the expiration of five (5) working days from and after the date the City Council takes action on the application and upon the applicant paying -2- CENTRAL Ri~CORDS paying a license fee in the amount of five hundred dollars ($SO0.O0). SECTION VII - License Jnd Revocation Any license granted hereunder shall remain in effect for a period of three hundred and sixty five days ($6S days) from and after the date of granting thereof, unless revoked by the City Council as herein after provided. In the event of revocation of the license by the City Council, all license and application fees will be forfeited. Any person desiring %o renew any license granted hereunder shall' make application for such renewal~ at least thrity (S0) days prior to expiration date of the existing license. Any application for such renewal shall ~ollow the same procedure as for granting of a license in the first instance as herein provided, and shall call for the same application and license fee'upon the granting of such renewed license. SECTION VIII - Revocation and Appeal The City Council shall, at.all times, have the power to revoke any license granted hereunder for cause. In the event the City Council determines that there is cause for the revocation of any license hereunder, it shall immediately notify the applicant thereof; in which'event the applicant shall i~mediately cease and desist from any further activities under said license. The applicant shall have the right to appeal such order to the City Council within' five (S) days after receipt of such cease and desist orde{.. Upon receipt of such appeal, the City Council shall set the matter for public hearing at its next regular meeting. At such public hearing, the City Council shall take evidence' both in support of and in opposition to said cease and desist order. After hearing all of such evidence, the City Council shall have the power to either revoke said cease and desist order, or to confirm same. · SECTION IX - Nuisance Abatement ~ Any business~ building or structure within which such business is being operated contrary to the provisions of this ordinance, and any use of land, building or premises within which a business is being conducted, operated or maintained contrary to the provisions of this ordinance, and. the same is here6y declared unlawful and a public nuisance, the City Attorney shall, upon order of the City Council, immediately take action for the abatement, removal and enjoinment in the manner provided by law. -3- C~NT~A[.. RECORDS .o.,6) SECTION X - Penalties Any person violating, any of the provisions or failing to .comply with any of the mandatory requirements of this ordinance Shall be guilty of an infraction. Any person convicted of an infraction for violation of this ordinance is punishable by: A fine not exceeding fifty dollars %$50.00) for a first violation; a fine not eXceeding one hundred dollars ($100.00) for a secoSd violation within one (1) year; a fine no~ exceeding two hundred dollars ($200.00) for each additional violation within one (1) year. Each such person shall be guilty of a separate offense for "each and every day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by any such person, and he shall be punishable accordingly. SECTION XI - Scope of Regulation The provisions of this chapter shall not be construed to include, prohibit or interfere with the exercise of any religious or spiritual function of any priest, minister, rector, or an accredited representative of any bona fide church or religion where such priest, ministeT, rector, or accredited represDntative holds a certificate of credit, commission, or ordination under the laws of any state or territory of the United States of America or any voluntary religious association, and who fully conforms to th~ rites and practices prescribed by the supreme conference,, con- vocation, convention, assembly, association synod of the system or faith with which they are affiliated, provided, however, that any church or religious organization which is organized.for the primary purpose of conferring certificates of commission, credit or ordination for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief, is not deemed to be a bona fide chUrch or religious organization. SECTION XII - Publication and Effective Date This ordinance shall be published once in the Enterprise Journals a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. -4- CENTRAL RECORD.9 .o., ?-? Introduced this 1st day of August , 19 79-. Passed and adopted as an Ordinance of the City of South San Francisco at a regular the City of South San Francisco this 19 79, by the following vote: AYES: meeting of the City Council of 15th day of August · COuncilmembers Rona'ld G. Acosta, William 'A.. Bo.r~a, Emanuele N. Damonte, Terry J. Mirri, and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: As Mayor of the City of South San Francisco I do hereby approve the foregoing Ordinance this 15th. day of August- · 19.7,9 . -5- CENTRAL REC:ORD..,~