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HomeMy WebLinkAboutOrd 121 ORDINANCE NO. 121 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AMENDING CHAPTER 5.56 OF THE CATHEDRAL CITY MUNICIPAL CODE REG- ULATING PSYCHIC ACTIVITIES, AND DECLARING fre THE URGENCY THEREOF. The city council of the City of Cathedral City does ordain as follows: SECTION 1. Chapter 5.56 of the Cathedral City Municipal Code is amended to read as follows: Chapter 5.56 PSYCHIC ACTIVITIES 5.56.010 Fortune-telling. No person shall conduct, engage in, carry on, participate in, or practice fortune-telling or cause the same to be done for pay without having first obtained a permit therefor and without having posted and maintained in full force and effect a surety bond as required by this chapter. 5.56.020 Definitions. A. "Fortune-telling" shall mean and include telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries or magic of any kind or nature or other similar means or act. B. "For Pay" shall mean for a fee, reward, donation, loan or receipt of anything of value. 5.56.030 Fees. The application, investigation, and permit fees shall be as from time to time set by resolution of the city council. 5.56.040 Application. Any person desiring to obtain a permit to operate or engage in any fortune-telling business shall make application to the city code enforcement officer. A nonrefundable fee shall be paid to the city to defray, in part, the cost of investigation t i and report required by this chapter. B. The application for permit does not authorize operation or engagement in the fortune-telling business. 5.56.050 Application contents. Each application for a fortune-telling permit shall contain the following information: A. The full, true name and any other names used by the applicant. B. The present residential address and telephone number of the applicant. 000730 1 C. The address of the location at which the business is to be conducted. D. The previous business and residential addresses and telephone numbers of the applicant, if any, for a period of five years immediately prior to the date of the application and the dates at each. E. The applicant's height, weight, color of eyes and hair, date and place of birth, and sex. F. Two photographs of the applicant at least 2" x 2" taken within the last six months and fingerprints of the applicant on a form provided by the police department. G. Business, occupation or employment history of the applicant for the five (5) years immediately preceding the date of application. H. If the applicant, in this or any other city, state, or territory has ever had a license or permit of any kind revoked or suspended, or the applicant has ever been subject to disciplinary action by the issuer of such license or permit, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. I. All convictions within the last five years of any crime involving dishonesty, fraud, deceit, or moral turpitude. J. Such other identification and information as the code enforcement officer may reasonably require in order to discover the truth of the matters required to be set forth in the application. K. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than 5 percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged. L. Any individual who will perform fortune-telling for an applicant's business, as an employee, independent contractor, or volunteer, shall complete and sign all application forms in the same manner as an applicant, and a separate fee shall be charged for each such individual. 5.56.060 Investigation. Upon the filing of the application, it shall be referred to the police department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the code enforcement officer within thirty (30) days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the - 2 - 000731 recommended denial shall be set forth therein. At the time of the filing of the report and recommendation with the code enforcement officer, a copy thereof shall be mailed to the applicant, accompanied by a notice that the applicant may request to be heard when the code enforcement officer considers the application and report. Said notice shall state the date, time and place where applicant may appear before the code enforcement officer. 5.56.070 Hearing and decision by code enforcement officer. The r code enforcement officer shall consider the application and the report and recommendation at a hearing held on or before the seventh (7th) day after the filing of the report and recommendation. Notice of the time and place of the hearing shall be given to all parties by the code enforcement officer at least three (3) days prior to the hearing. The applicant for the permit may attend the hearing. Any interested party shall be heard upon a reasonable request. The decision of the code enforcement officer to grant or deny the permit to the applicant shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the code enforcement officer shall make his order denying or granting or conditionally granting the permit within twenty-four (24) hours after completion of the hearing on the application for a permit and shall notify the applicant of his action by personal service or certified mail. 5.56.080 Granting of permit. The code enforcement officer shall grant the permit if all the requirements for the permit have been met and it has been found that: A. All the information contained in the application and supporting date is true; B. The applicant has not, within the previous two (2) years, been convicted of any violation of this chapter or any law relating to fraud or moral turpitude; and C. The applicant agrees to abide by and comply with all conditions of the permit and applicable laws. 5.56.090 Appeal. Any applicant who is dissatisfied with the decision of the code enforcement officer may appeal that decision to the city council pursuant to the provisions of Chapter 2.04 of this code. 5.56.100 Issuance of the permit. If the code enforcement officer grants the permit, he shall thereafter issue said permit only after the applicant has paid the permit fee and has posted with the city clerk a good and sufficient surety bond in the principal amount of t $15,000 executed as surety by a corporate surety in the State of California and as a principal by the applicant. The form of the bond shall have been approved by the city attorney and shall have been given to insure good faith and fair dealing on the part of the applicant and and as a guarantee of indemnity for any and all loss, damage, theft, or other unfair dealings suffered by any patron or customer of the applicant within the city during the term of the permit. The permit fee and term of bond shall be prorated between date of issuance and date of expiration. 5.56.110 Term of permit. The term of the permit shall be the same as the term of a regular business license. A renewal application - 3 - 000732 1 shall be filed not later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application. 5.56.120 Exception—Entertainment. The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of mind reading, mental 141 telepathy, thought conveyance, the giving of horoscopic readings or similar activities at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers. 5.56.130 Exception—Religious practice. 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 (hereinafter collectively referred to as minister) 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 that: A. Except as provided in C. hereof, the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as herein defined. B. The minister holding a certificate of ordination from such bona fide church or religious association, shall file with the code enforcement officer a declaration under penalty of perjury which states the minister's name, age, street address, and telephone number in this city where the activity set forth herein is to be conducted. C. Such bona fide church or religious association, as defined in this section may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association. 5.56.140 Revocation of permit. A psychic activities permit, issued by the code enforcement officer, may be revoked or suspended where it is found that the permittee has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this chapter or upon termination of the bond required herein. Revocation proceedings shall be conducted by the code enforcement officer in the same manner as prescribed by Section 5.72.030. 000733 - 4 - 5.56.150 Violation a public nuisance. The city council hereby declares a violation of this chapter to be a public nuisance. SECTION 2. SEVERABILITY. The city council of the City of Cathedral City hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. EFFECTIVE DATE—Urgency Ordinance. This ordinance, being an urgency ordinance, shall take effect immediately upon its adoption by at least a four-fifths vote of the city council. The city council finds that the adoption of this ordinance as an urgency measure is necessary for the immediate preservation of the public peace, health or safety, and finds the following as facts constituting the urgency: On August 15, 1985, the California Supreme Court declared unconstitutional an ordinance of the City of Azusa similar to Chapter 5.56 of the Cathedral City Municipal Code which prohibits fortune-tellings and similar psychic activities for consideration. This ordinance will permit such activities for consideration. This ordinance will permit such activities by ethical practitioners, subject to reasonable regulation and discourage those who would use such activities and devices to take advantage of unwary and vulnerable citizens. SECTION 4. POSTING. The City Clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of the city council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the city council held on October 16, 1985 by the following vote: Ayes: Councilmembers Krings, Murphy, Paquette, Smith and Mayor Martin Noes: None Absent: None MAYOR ATTEST C CLERK APPROVED AS TO FORM: A' •R o VEDA' S TO CO ENT: Chat.461 AIR CITY TTORNEY Y MANAGER 000734 - 5 - I, MAXINE E. CLEM, City Clerk of the City of Cathedral City, hereby cer- tify that the foregoing is a full, true and correct copy of Ordinance No 121 adopted by the City Council of the City of Cathedral City at a regular meeting of said City Council held on October 16, 1985, and that the same was posted within 15 days of the above date in at least the three public places specified for such postings by the said City Clerk. 1,2, ' i- 0 Ma'•ine E. Clem City Clerk 000735