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HomeMy WebLinkAboutOrd 1002-1986ORDINANCE NO. 1002-86 AN ORDINANCE REPEALING CHAPTER 6.80 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 798 AS AMENDED ENTITLED "AN ORDINANCE REGULATING PALMISTRY AND OTHER SIMILAR PRACTICES" AND ADDING CHAPTER 6.80 ENTITLED "BUSINESS OF FORTUNE-TELLING REGULATED" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1: CHAPTER 6.80 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 798 REPEALED Chapter 6.80 of the South San Francisco Municipal Code and Ordinance No. 798 entitled "An Ordinance Regulating Palmistry and other Similar Practices" are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in viola- tion of said Chapter or Ordinance prior to the effective date of this Ordinance. SECTION 2: CHAPTER 6.80 ENTITLED "BUSINESS OF FORTUNE-TELLING REGULATED" ADDED Chapter 6.80 entitled "Business of Fortune-Telling Regulated" is hereby added to the South San Francisco Municpal Code and shall read as follows: "Chapter 6.80 BUSINESS OF FORTUNE-TELLING REGULATED Sections: 6.80.010 6.80.020 6.80.030 6.80.040 6.80.050 6.80.060 6.80.070 6.80.080 6.80.090 6.80.100 6.80.110 Definitions. Purpose of Provisions. Permit and Business license required. Permit application. Permit application review-Action of the Chief of Police. Permit issuance. Denial of Permit. Permit Suspension or Revocation. Grounds for Suspension or Revocation. Appeal s. Penalty for Violation. 6~80~010 Definitions~ For purposes of this Chapter the following terms, phrases, words and their derivations, shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and the word "may" is permissive. (a) "Person" includes any individual, firm, partnership, corporation, or other business entity and/or association of persons of any description. (b) "Business license" means a license issued by the Finance Office upon payment of a tax by an applicant who has successfully obtained the necessary permits from the required City agencies. (c) "Medium" means a person who carries on, practices or professes to prac- tice the Business of Fortune-Telling. (d) "Business of Fortune-Telling" includes every Medium advertising by sign, circular, handbill, newspaper, periodical, magazine or other publication, or by any other means whatsoever, the telling of fortunes, forecasting of futures or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, for a gift, fee or other consideration, by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, psy- chology, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or sub- stance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic of any kind or nature. fol 1 owing: Excepted from the aforementioned definition are the -2- (1) 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, minister, rector, or accredited rep- rensative holds a certifiate of credit, commission, or ordination under the laws of any state or territory of the United States of America or any vol- untary religious association, and who conforms to the rights and practices prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which they are affiliated; provided, however, that any church or religious organization which is organ- ized 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. 6.80.020 Purpose of Provisions. The purpose of this Chapter is to regulate the operation of the business of Fortune-Telling in the City in the interest of the public welfare and to prevent possible consumer fraud. 6.80.030 Permit and business license required. No Medium shall engage in the business of Fortune-Telling within the City, or offer such services within the City, without first obtaining a permit from the Chief of Police, as provided in this Chapter, and then obtaining a business license from the Finance Department as provided in this Title. Permits shall be issued for a period not exceeding one I1) year. 6,80,040 Permit application. Applications for permits shall be accompanied by a receipt showing that the applicant has paid to the Director of Finance a non-refundable processing fee as set forth in the Master Fee Schedule of the City, adopted by Resolution of the City Council, and shall be on a form provided by the Chief of Police, which shall require, but not be limited to, the following: =3- (a) The name, home address and present business address of the applicant; (b) The date and place of birth of the applicant; (c) The address of the proposed location for the conduct of the business in the City; (d) Whether the applicant has ever been convicted of a crime, and if so, the nature of the offense, excluding minor traffic violations; (e) Employment or business record for the previous five (5) years; (f) Fingerprints of the applicant on a suitable form (to be taken by the Police Department); (g) Two one and one-half inch by one and one-half inch photographs of the applicant taken within six (6) months of the application; (h) The fingerprints of all partners, agents or employees of the applicant, (to be taken by the Police Department) and; (i) Such other and further information as the Chief of Police may find necessary to process the application. 6.80.050 Permit application review-Action of the Chief of Police. (a) Upon receipt of an application for a Fortune-Telling Business Permit, the Chief of Police shall cause such application to be reviewed to determine whether or not it is complete. If the application does not contain all of the required information, it shall be returned to the applicant for completion. (b) When an application has been submitted and it is determined to be com- plete, the Chief of Police shall cause an investigation to be made into the background of the applicant, and all partners, agents or employees for whom fingerprints have been submitted and regarding the information contained in the application, and shall retain a written report of the results of that investigation. (c) The Chief of Police shall either grant or deny the application for a Fortune-Telling Business Permit within sixty (60) days after said application is accepted by him as complete. The Chief of Police shall provide the applicant with written notice of his decision by placing same in the U.S. Mail, certified, return receipt requested, postage prepaid. 6.80.060 Permit issuance. The Chief of Police shall issue a permit if he determines that the applicant's proposed current operation complies with the provisions of this Chapter, applicable City ordinances, and the laws of the State, or shall deny a permit if the proposed operation does not so comply. If the Chief of Police issues a permit, he shall execute it and forward it to the Director of Finance for issuance of a business license and delivery to the applicant. The permit shall be issued only to those individuals submitting to the Permit Application procedure specified in Sections 6.80.040 and 6.80.050 of the ordinance and shall not be transferable to any other individual. Only individuals possessing a valid permit shall be authorized to engage in the business of Fortune-Telling. The term of the permit shall be for one {1) year. If the Chief of Police denies the permit, the applicant may appeal the denial as set forth in this Chapter. 6.80.070 Denial of Permit. The Chief of Police shall deny the permit if: (a) The applicant has previously been convicted of a felony, or any offense involving theft, embezzlement, criminal fraud or moral turpitude; or (b) The applicant is a person under the age of eighteen (18) years; or (c) The applicant, his agent or employee, or any person connected or associated with the applicant, as partner, director, officer, stockholder, associate or manager has committed, aided or abetted in the commission of any act or omission which if committed by Permittee would be grounds for suspension or revocation of a permit; or -5o {d) The applicant, his agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has been refused a permit, or has had a permit revoked by this City. 6.80.080 Permit suspension or revocation. If the Chief of Police determines that the Permittee has failed to comply with the provisions of this Chapter, or other applicable City ordinances or applicable provisions of the laws of the State, he may suspend or revoke the permit, which suspension or revocation may be appealed by the Permittee as set forth in Section 6.80.110. Suspension shall be for a period of not exceeding thirty (30) days, except the Chief of Police may reasonably extend the period of suspension pending Permittee's performance of the necessary acts to comply with the provisions of this Chapter, other applicable City ordinances or laws of the State. Ten (10) days prior to the issuance of an order suspending or revoking the permit, the Chief of Police shall give the Permittee written notice of Intention to Suspend or Intention to Revoke, as applicable, and recite therein the reasons for the suspension or revocation. The notice shall provide that the Permittee may appear before the Chief of Police to show cause why the permit should not be suspended or revoked. 6.80,090 Grounds for suspension or revocation. It shall be grounds for suspension or revocation of a permit if any Permittee, his agent or employee or any person connected or associated with the Permittee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of, or on behalf of, the Permittee has: (a) Knowingly made any false, misleading or fraudulent statement of material fact in an application for a permit, or any report or record required to be filed with the Police Department; or -6- (b) Violated any provision of this Chapter or any statute relating to this permitted activity; or (c) Failed to obtain a current, valid license to do business in the City; or (d) Been convicted of a felony or any crime involving theft, embezzlement, criminal fraud or moral turpitude; or (e) Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of the fortune- telling business; or (f) Violated any rule or regulation adopted by the City Council related to Permittee'$ business specificially including, but not limited to, the applicable provisions of Titles 6 and 20 of this Code. 6.80.100 Appeals. (a) Permittee may appeal the denial, suspension or revocation of permit by filing a written Notice of Appeal with the City Manager within ten {10) days after the date of such denial or of a Notice of Intention to Suspend or Notice of In- tention to Revoke issued by the Chief of Police. (b) Upon receipt of said Notice of Appeal, the City Manager shall set a date for hearing said appeal, which date shall be within twenty (20) days after receipt of appellant's Notice of Appeal. The City Manager, or his designee, shall conduct the hearing on the appeal. Written notice of the time and place of the hearing shall be given to the appellant at least ten (10) days prior to said hearing by placing same in the U.S. Mail, postage prepaid, certified return re- ceipt requested. (c) Hearings on appeals from denial of fortune-telling permits shall be con- ducted informally and need not be conducted according to technical rules related to evidence and witnesses. The Chief of Police and the Permittee may appear at the hearing. The City Manager shall retain final authority to rule on procedural matters or on other points which affect the length and conduct of the hearing. (d) Hearings on appeals from suspensions or revocations of fortune-telling permits shall be conducted in accordance with the guidelines as set forth in subsection (c) above, except that sworn testimony shall be taken and a transcript made of the proceedings. (e) The City Manager shall render his decision within thirty (30) days after the date of the hearing. The City Manager's decision shall be final and no appeal shall be taken to the City Council. 6.80.110 Penalty for violation. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter, is guilty of a misdemeanor and upon conviction such person shall be punished as pro- vided in Chapter 1.24 of this Code." SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once, with the names of those City Council members voting for or against it, in the Enterprise-Journal, 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. Introduced this 26thday of March .... 1986 . -8- AYES: NOES: ABSENT: Passed and adopted as an Ordinance of the City of South San Francisco at a regular 'meeting of the City Council of the City of South San Francisco this·~9th'day of "April ..... , by the following vote: councilmembers Mark 'N' 'Addiego ' ·JOhn ',,jack,, 'Dra~;o, RiChard A. Haff~v, Gu~ NinnlnpIJln~; and Rnh~rt~'£~rri T~gli~ Nnn~ None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 9th day of April , 1986 . -9-