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been connected with the fortunetelling business, as defined in § 5.18.010, the license or permit for which has been revoked; or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.)

5.18.090 Permit - Transfer.

   No transfer of permit as to location or ownership shall be allowed or granted, except after application therefor has been made upon forms provided by the Chief of Police, who may grant or reject such application after an investigation by him, her or other city departments. If the application for transfer is approved, this action shall be endorsed upon the permit by the Chief of Police.

(`78 Code, § 5.18.090.) (Ord. 2347 § 27, 1998; Ord. 2315 § 1 (part), 1997.)

5.18.100 Permit - Posting.

   Every person granted a permit in accordance with the provisions of this chapter shall immediately post such permit and keep the same posted while in operation in a conspicuous place upon the premises where such activity is authorized to be carried on. It is unlawful for any person to post such permit or allow it to be posted upon the premises other than those named in the application or knowingly to deface or destroy any such permit. Whenever a permit is lost or destroyed without fault on the part of the owner, or his or her agents or employees, a duplicate permit in lieu thereof may be issued by the Chief of Police in his or her discretion.

(`78 Code, § 5.18.100.) (Ord. 2347 § 28, 1998; Ord. 2315 § 1 (part), 1997.)

5.18.110 Hours.

   It is unlawful to keep open to the public or to conduct the activity and practices defined in § 5.18.010 on any day of the week between the hours of 12:00 midnight and 8:00 a.m.

(`78 Code, § 5.18.110.) (Ord. 2315 § 1 (part), 1997.)

5.18.120 Inspection.

   (A)   It shall be the duty of the Chief of Police and he or she is authorized and empowered, from time to time, to inspect and examine, or cause to be inspected and examined, the premises where the activity or practices as described in § 5.18.010 are carried on, for the purpose of ascertaining the general reputation and character of the place and of the persons who habitually frequent such place; the name and kind of such activity conducted at such place by the permittee or by any other persons; the nature and kind of entertainment, if any, at such place; and whether such place is conducted in a lawful, quiet or orderly manner. The inspection and examination shall be made when the premises are open to the public for business or otherwise occupied as provided in § 5.18.110.

   (B)   It shall be his or her duty in the event he or she finds that the activity is not carried on in a lawful, quiet and orderly manner or that the permittee is violating or has violated the provisions of this chapter or any other law of the city or of the state to recommend to the Council that the permit be suspended or revoked. The Council may, upon such recommendation being filed, or upon its own motion, serve or cause to be served upon the permittee a notice specifying the grounds for the complaint and fixing a time and place at which the Council shall hear and determine such charges, which time shall not be less than three days from the date of the service of the notice, at which time and place the person against whom the complaint is filed shall have the opportunity to be heard and to make his or her defense against such complaint.

(`78 Code, § 5.18.120.) (Ord. 2315 § 1 (part), 1997.)