5.18.010 Definitions.

   For the purpose of this chapter, "fortunetelling" means every person advertising by sign, circular, handbill, newspaper, periodical, magazine or other means whatsoever, the telling of fortunes, forecasting of futures or furnishing any information not otherwise obtainable by the ordinary processes of knowledge for or without pay by means of any occult or psychic power, faculty or force, clairvoyance, psychology, psychometry, cartomancy, psychology, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy or other crafty art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, hypnotism, oriental mysteries or magic of any kind of nature.

(`78 Code, § 5.18.010.) (Ord. 2315 § 1 (part), 1997.)

5.18.020 Permit - Required.

   No person shall exercise, practice or engage in any activity, as described in § 5.18.010, unless such person obtains a permit, as provided in this chapter, and pays the application and permit fees required by this chapter.

(`78 Code, § 5.18.020.) (Ord. 2315 § 1 (part), 1997.)

5.18.030 Permit - Application - Contents.

   Each and every person desiring to practice, exercise or engage in any of the activities described in § 5.18.010 shall file a written, signed and acknowledged application with the Chief of Police of the city, showing:

   (A)   The true and fictitious names, aliases and residences of the applicant if an individual, firm, association or partnership or the true and fictitious names and aliases of the principal officers and their residences if the applicant is a corporation. The applicant shall also state the true and fictitious names and aliases of one or more persons whom the applicant shall designate as manager or person in charge of the activities with the residential addresses of the person;

   (B)   The place of birth, birth date and social security number of each and every applicant;

   (C)   Name or names under which the applicant proposes to conduct the activity or practice and the business address of the premises where such practice or activity is to be carried on and maintained, giving the street and address number;

   (D)   The street, city, county and state address where the applicant practiced or conducted any one of the activities described in § 5.18.010, or any business or practice kindred thereto, within 12 months previous to the date of the application, if any, and the name under which the same was conducted at the place;

   (E)   The length of residence of applicant within the city. No person may make an application under this chapter unless such person has been a bona fide resident of the city for a period of at least 12 consecutive months next preceding the date of such application;

   (F)   Whether such practice or activity is to be carried on in connection with some other kind of business;

   (G)   A statement of the nature and character of applicant’s proposed practice or activity;

   (H)   Whether the applicant or his or her manager, if any, either alone or with someone else, has previously engaged as owner or employee in conducting a similar practice or activity; if so, when, where and how long;

   (I)   Applicant’s places of previous employment within a period of ten years immediately prior to filing the application. Applicant shall list the city, county, state and street address, giving the street and address number;

   (J)   Whether applicant is married or single and whether he or she or his or her spouse, if any, have ever been convicted of a felony or misdemeanor; if so, applicant shall state the nature of the offense, date of conviction, the sentence received therefor and the court in which the conviction and sentence was entered;

   (K)   Whether or not the person or persons who will manage or supervise applicant’s practice and activity have been convicted of a felony or misdemeanor; if so, applicant shall state the nature of such offense, the date of conviction, the sentence received therefor and the court in which the conviction and sentence was entered;

   (L)   Such other reasonable information as to the identity, character and background of applicant and of the person or persons having the management or supervision of applicant’s business as the Chief of Police may deem necessary.

(`78 Code, § 5.18.030.) (Ord. 2347 § 23, 1998; Ord. 2315 § 1 (part), 1997.)

5.18.040 Permit - Application - Fee.

   A nonrefundable fee which shall be established by resolution shall be paid simultaneously with the filing of each application for a permit required under this chapter for the purpose of defraying the expenses incidental to the processing of the application.

(`78 Code, § 5.18.040.) (Ord. 2347 § 24, 1998; Ord. 2315 § 1 (part), 1997.)

5.18.050 Permit - Granting.

   (A)   After the receipt of a properly completed and filed application, the Chief of Police shall refer the matter for an investigation concerning the statements made in such application, the character and reputation of the applicant and those he stated to be managers or supervisors of his or her practice and activity, the condition of the premises and equipment and methods to be used, with a view to the preservation of public health, peace, safety and welfare.

   (B)   Prior to the Police Department initiating the investigation and the granting of a permit, the applicant shall file with the Police Department his or her photograph and his or her fingerprints and, subject to acceptance by the Police Department as being satisfactory, shall leave the photograph and fingerprint impressions with the Police Department as a part of the records of the Department, for the purpose of enabling the Department to make any investigation of any complaints which may have been made, if any, against such applicant at any time or place; or the applicant shall be fingerprinted in the usual and approved method for the identification of the applicant by the Police Department and a photograph of the applicant shall be taken and made by the Police Department or under its direction. The photographs shall be permanently affixed to the permit issued to the applicant if the same is issued. In the event the photograph is removed from the permit or becomes defaced so that the original thereof cannot be identified, then the permit, at the option of the Council, may immediately be revoked.

   (C)   If at the end of 30 days from the date of referral for the report no adverse report has been made by the Police Department as to the record of the applicant, and if applicant’s proposed activity will not, in the opinion of the Police Chief, be detrimental to the public peace, health, safety and welfare, the application shall be deemed completed, and the Chief of Police shall issue a permit, numbered and in due form, allowing applicant to practice the activity specified in the application upon payment of the prescribed permit fee and the filing of a surety bond in the principal sum of $2,000, executed as surety by good and sufficient corporate surety, authorized to do a surety business in the state and as principal by the applicant which shall have been approved by the City Manager as to sufficiency, and by the City Attorney as to form, which bond shall have been given to insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, injury, theft or other unfair dealing suffered by any patron of the applicant within the city during the term of the permit.

(`78 Code, § 5.18.050.) (Ord. 2347 § 25, 1998; Ord. 2315 § 1 (part), 1997.)

5.18.060 Permit - Denial.

   The application may be rejected for the following reasons:

   (A)   If any of the persons named in the application or connected or associated with the applicant in the practice of the proposed activity are not of good moral character, within five years prior to the date of the application have been convicted of a felony or within one year of the date of application have been convicted of a misdemeanor;

   (B)   If any of such persons have previously been connected with the fortunetelling business, as defined in § 5.18.010, the license or permit for which has been revoked; or

   (C)   If the activity sought to be permitted does not comply in every way with the rules, regulations and laws applicable thereto. No license shall be refused except for specific reasons and for the protection of the public health, peace, safety, welfare and good order or morals. If the application is rejected, the Chief of Police shall notify the applicant in writing, giving the reason for the same and shall refund all of the deposits made with the application, save and except the cost incurred by the city in investigating the same.

(`78 Code, § 5.18.060.) (Ord. 2347 § 26, 1998; Ord. 2315 § 1 (part), 1997.)

5.18.070 Bond - Liability.

   (A)   The liability on any bond deposited with the city as required by § 5.18.050 may be terminated upon the filing with the Director of Finance by the surety on the bond of a written notice to the city wherein shall be stated that the surety intends to terminate the liability upon the bond, the termination to become effective 30 days from and after the day upon which such notice of intention to terminate liability is filed with the Director of Finance; provided, however, that in no case shall the termination of liability by the surety on any bond affect any liability incurred prior to the date of termination thereof.

   (B)   Upon the termination of liability by the surety upon any bond as provided in this chapter, the permit of the principal of the bond shall be automatically revoked.

(`78 Code, § 5.18.070.) (Ord. 2315 § 1 (part), 1997.)

5.18.080 Requirement for separate permit and bond.

   Every natural person actively carrying on, conducting or engaging in any activity for which a permit is required under this chapter and enumerated in § 5.18.010 shall file a separate application, separate photograph and fingerprints and pay a separate application and permit fee as required under this chapter and post a separate bond as provided in § 5.18.050, regardless whether or not such natural person is engaged in such activity on behalf of or for any firm, corporation, partnership, association, society or any other such organization.

(`78 Code, § 5.18.080.) (Ord. 2315 § 1 (part), 1997.)