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Application shall be on a form provided by the SFPD and shall include:
(a) The full true name under which the business will be conducted.
(b) The applicant's full true name, and other names used, date of birth, California Driver's License or passport or other government-issued identification, present residence address and telephone numbers.
(c) A copy of any fictitious business name statement under which the applicant is or intends to operate.
(d) The name or names under which the permittee will be identifying himself or herself to the public.
(e) The present or proposed address where the business will be conducted. If the business is to be conducted in a street location or other location that is not fixed, the applicant shall so indicate, and provide the applicant's home address.
(f) The applicant's gender, height, weight, color of hair, and color of eyes.
(g) All addresses at which the applicant has resided within five years prior to the application.
(h) The applicant's business, occupation, and employment history for the five years preceding the date of the application.
(i) The occupational permit history of the applicant, including whether such person has ever had a permit or license issued for any fortunetelling or related business, by any agency, board, city, city and county, county, territory or state, the issuing agency, the date of issuance, and whether the permit was suspended or revoked and the reasons therefor.
(j) The address, City and State, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.
(k) All convictions of any crime within the seven years prior to the application other than traffic offenses, whether in California or elsewhere, relating to fraud, theft, burglary, use of violence, deceit or false impersonation.
(l) Information requested by the Chief of Police necessary to ascertain the truth of the matters specified and required on the application.
(m) A full set of fingerprints to be taken by the SFPD.
(n) Photographs to be taken by the SFPD.
(o) The required application fee as set forth in the Administrative Code.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
(a) Upon receipt of a completed application, the Chief of Police shall calendar the permit for public hearing within 30 days. The Chief shall grant or deny the application within 15 days of the hearing. The applicant may appeal the denial of the application to the Board of Appeal, or may file a writ of mandamus with the Superior Court.
(b) The Chief of Police shall grant the permit unless the Chief finds:
(1) The applicant has been convicted of a felony or two or more misdemeanors relating to fraud, theft, burglary, use of violence, deceit, or false impersonation within the seven years prior to the date of application.
(2) The applicant has previously had an occupational permit revoked or suspended for violation of permitting conditions related to fraud, theft, burglary, use of violence, deceit or false impersonation, within the seven years prior to the date of application.
(3) The applicant has failed to provide information required by this chapter or has provided false or misleading information required by this chapter to the Police Department or other City agency.
(4) The applicant has failed to pay the required fees.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
When the Chief of Police determines that the permittee is violating or is attempting to violate (as defined in Penal Code Section 664) any law of the State of California relating to fraud, theft, burglary, use of violence, deceit, false impersonation or is violating or attempting to violate (as defined in Penal Code Section 664) the rules and regulations of the Police Department, permit restrictions or ordinances that are applicable to the business, or has made material misrepresentations on the permit application or other required reports, the Chief of Police, after written notice to the permittee, shall have the power to suspend and, after due and proper hearing, shall have the power to revoke, any permit issued under the provisions of Sections 1300-1321 inclusive. When suspended or revoked, the permittee shall immediately surrender the permit to the Police Department's Permit Bureau.
The Chief of Police shall cause to be forwarded to the Tax Collector written notice of any revocation, suspension or reinstatement of any permit herein provided for.
The permittee shall be prohibited from applying for a fortunetelling permit for one year following denial or revocation of a fortunetelling permit.
The permittee may appeal the revocation to the Board of Appeal.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
When the Chief of Police issues a permit under the provisions of this Article, the Chief of Police shall cause such permit to be forwarded to the office of the Tax Collector for delivery to the permittee upon the payment of the license fees.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
Every holder of a fortuneteller's permit shall pay at the Office of the Treasurer and Tax Collector an annual license fee, payable in advance. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.
The permit is not valid unless the license fee has been paid.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012)
Nothing in Section 1300-1321, inclusive, shall permit the removing or transferring of the permit or license to any person other than for whom the permit or license was originally issued.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
(a) The fortuneteller shall issue a written receipt that shall include the name of the permittee who provided the services, the permittee's permit number, the services rendered, the amount charged for each service provided, and the amount paid or expected. If payment is made in a method other than cash, check, or credit card, the receipt shall so indicate.
(b) The permittee must keep copies of receipts for five years from date of issuance.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
The Chief of Police shall provide each fortuneteller granted a permit with an identification nameplate that shall contain a photograph, right thumbprint, name, and permit number of the permittee. The permittee must post the identification nameplate in a location clearly visible from the place where the fortuneteller tells fortunes or otherwise engages in the activity regulated by this article. The Department shall charge a fee for each identification nameplate issued as set annually by the San Francisco Police Commission.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
(a) When a fortuneteller operates at a roving or unfixed location, the fortuneteller shall provide a written copy of rate information to the customer that shall be printed in plain, legible letters. The rate document shall include a statement that if the customer has complaints, the customer may phone the City and County of San Francisco at 551-9595.
(b) When a fortuneteller operates out of a fixed location, the fortuneteller shall post rate information in a conspicuous place accessible by the patrons at the fixed location on a sign at least 8 × 10 inches in 14 pt. type. The signage shall also include a statement that if the customer has complaints, the customer may phone the City and County of San Francisco at 551-9595.
(c) If the fortuneteller operates by donation or an indirect method of payment, including remuneration that is at the discretion of the customer, the schedule of rates shall so indicate.
(d) The rates published shall be the only rates charged.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
When any of the information required by this Article or provided by the applicant changes, the permit holder shall within 15 days of the change provide to the Police Department's Permit Bureau in writing the updated information.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
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