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HomeMy WebLinkAboutOrdinance #2703 4�je ORDINANCE NO. 2703 AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 9 . 60. 010 AND 9. 60. 020; AND ADDING THERETO NEW CHAPTER 5 . 72 ENTITLED, "FORTUNETELLING" The City Council of the City of Huntington does ordain as follows : SECTION 1. Sections 9. 60. 010 and 9. 60. 020 of the Huntington Beach Municipal Code are hereby repealed. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto a new Chapter 5.72 entitled, "Fortune- telling" to read as follows : 5,72.01O Definition, "Fortunetelling," as used in this chapter, shall include astrology, palmistry, phrenology, life- reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, spirit photography, spirit writing, spirit voices, spirit materialization, etherealization, prophecy, augury, divination, magic, necromancy, fortunetelling by hand- writing analysis, or other similar business or act . 5.72. 02O Permit required. No person shall engage in, carry on, practice, or profess to practice the business or act of fortunetelling or other similar business or act , and demand or receive directly or indirectly any fee, gift , donation or reward therefor without a permit issued pursuant to this chapter. 5. 72. 030 Fees. The application, investigation, and permit fees shall be set by resolution of the city council. 5.72. 040 'Application. (a) Any person, association, partnership, or corporation desiring to obtain a permit to operate, engage in, conduct or carry on any fortunetelling business shall make application to the chief of police, or his designated representative. Prior to submitting such applica- tion, a nonrefundable fee shall be paid to the city clerk to defray, in part , the cost of investigation and report required by this chapter. The city clerk shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the RCS:ahb 5/29/84 6/4/84 1. copy thereof, shall be supplied to the chief of police at the time such application is submitted. (b) The application for permit does not authorize the engaging in, operation of, conduct of or carrying on of any fortunetelling business or act . 5 .72. 0'50 Applicati©ri contents. Each application for a fortunetelling business permit shall contain the following information: (a) The full, true name and any other names used by the applicant . (b) The present address and telephone number of the appli- cant. (c) The previous addresses of applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each. (d) The applicantfs height, weight , color of eyes and hair, and date and place of birth. (e) Two photographs of the applicant at least 2" X 211 taken within the last six months. (f) Business, occupation or employment history of the appli- cant for the five (5) years immediately preceding the date of application. (g) The business license history of the applicant and whether such applicant , in previous operations in this or any other city, state, or territory under license, has had such license or permit for a fortunetelling business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (h) All convictions within the last five years of any crime involving dishonesty, fraud, deceit , or moral turpitude. (i) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, 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 appli- cant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including 2. 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. (j ) Such other identification and information as the police department may reasonably require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (k) The chief of police may require the applicant to fur- nish fingerprints. 5 . 72 .060 Applicant to appear. The applicant , if an in- dividual, or designated responsible managing officer, if a part- nership or corporation, shall personally appear at the police department of the city of Huntington Beach and produce proof that a nonrefundable application fee, established by resolution of the city council, has been paid and shall present the appli- cation containing the aforementioned and described information. 5. 72. 070 Application--Investigation and granting permit. The chief of police shall have thirty 30 days to investigate. the application and the background of the applicant . Upon com- pletion of the investigation, the chief of police shall grant the permit if he finds that : (a) The required fee has been paid. (b) Application conforms in all respects to the provisions of this chapter. (c) The applicant has not knowingly made a material mis- representation in the application. (d) The applicant , if an individual, or any of the stock- holders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not within the last five years been convicted in a court of compe- tent jurisdiction of any crime involving dishonesty, fraud, de- ceit , or moral turpitude . (e) The building, structure, equipment , and location of 3. such business, as proposed by applicant , would comply with all applicable laws, including but not limited to, health, zoning, fire and safety requirements and standards. 5.72. 080 Permit--Refusal---Appeal. If the chief of police , following investigation of the applicant , deems that the appli- cant does not fulfill the requirements as set forth in this chapter, he shall notify the city administrator of such opinion and, within thirty (30) days of the date of application, pro- vide copies of the investigation report to the city administrator. The city administrator shall within ten (10) days , grant the permit or deny the application and notify applicant by certified mail of such denial. Any applicant who is denied a permit by the city administrator may appeal such denial to the city council pursuant to provisions of this chapter. 5.72. 090 Exceptions. (a) The provisions of this chapter shall not apply to any person solely by reason of the fact that he is engaged in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought con- veyance, or the giving of horoscopic readings, at public places and in the presence of and within the hearing of other persons and at which no questions are answered, as part of such enter- tainment, except in a manner to permit all persons present at such public place to hear such answers, when not conducted in con- nection with the business of telling fortunes. Nothing in this section, however, shall be construed as exempting any person from the payment of the applicable license fee, if any, required to be paid by the licensing provisions of this title. (b) No person shall be required to pay any fee or take out any license for conducting or participating in any religious cere- mony or service when such person holds a certificate of ordi- nation as a minister, missionary, medium, healer, or clairvoyant 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 further, that the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious associa- tion; provided further, that the person holding a certificate of ordination from such bona fide church or religious association, as set forth in this section, shall, before practicing the pro- fession specified in this chapter, file with the tax collector a certified copy of his certificate of ordination with his name, age, and street address in this city where he intends to carry on the business. Such bona fide church or religious association, as defined in this section, may, however, pay to its ministers, missionaries, mediums, or workers a salary or compensation based on a percentage basis; provided that the agreement between the 4. church and the minister, missionary, medium or worker is em- bodied in a resolution and transcribed in the minutes of such church or religious association. (c) No person shal be required to pay any fee or take out any license for carrying on the art of reading tea leaves in any bona fide, regularly established restaurant for the pur- pose of amusement of the patrons of the restaurant , where no charge for such readings is made . 1 5.72. 100 Permit suspension and revocation. The city administrator may, based on evidence that any of the provisions of this chapter have been violated., suspend or revoke a permit ; provided that written notice by certified mail of such suspen- sion or revocation is furnished the permittee. The permittee, within ten (10) days after receipt of notice of suspension or revocation., may file an appeal with the city clerk to be taken to the city council. In the event an appeal is timely filed, the suspension or revocation shall not take effect until final decision has been rendered by the council. If the permittee fails to take an appeal within the ten-day filing period provided herein., suspension or revocation shall take effect immediately upon expiration of such filing period. Procedures for appeals shall be those set forth in sections 5. 70-130 through 5.70- 190 inclusive . SECTION 1, The city declares that this ordinance is necessary as an emergency measure for the immediate preserva- tion of the public peace, health,, or safety in that the sub- ject matter has lately been held by the California Court of Appeal to be an area of speech protected by the First Amendment to the United States Constitution*. SECTION 4. This ordinance shall take effect immediately after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of June, 1984. ATTEST: APPROVED AS TO FORM: City Clerk ity Attorney 5 . REVIEWED AND APPROVED: APPROVED: "Admin rat Chi f�ofPolice 6, Emergency Ord. No. 2703 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected,. qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the foregoing ordinance was read to the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of June 19 84 , and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. AYES: Councilmen: MacAllister, Thomas, Kelly, Finley Bailey, Mandic NOES: Councilmen: None ABSENT Councilmen: Pattinson City Clerk and%exofficio Clerk of the City Council of the City of Huntington Beach, California t, 1lucia M. Wentworth CITY CLERK of the Clty of MuntinMon Somh and ex•otttcio CWk at dw City Gouftcil, do tfereby cortity ttW a sYndP$k Ot this ordinance has been publisned in the Huntirf$ton Beath independent on in accardar wv with the City Ghar er©t said City. 14tIClA M... IY.7-01. ................._. spay Ckst lie Cft CW%