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HomeMy WebLinkAbout1985-11-05; City Council; 6077; CMC 8.20 repeal/5.50 amend/21.26.010(29) add - Regulate fortunetelling1 2 3 4 5 E Ti € I 1( 1: 1: t 0 1 1 2 2 2 2 2 2 E E 2 ORDINANCE NO. 6077 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE CARLSBAD MUNICIPAL CODE BY AMENDING TITLE 8, BY REPEALING CHAPTER 8.20; AMENDING TITLE 5, BY THE ADDITION OF CHAPTER 5.50; AND AMENDING TITLE 21, CHAPTER 21.26 BY THE ADDITION OF SECTION 21.26.010(29) TO REGULATE FORTUNETELLING AND RELATED OCCUPATIONS WHEREAS, Chapter 8.20 of the Carlsbad Municipal Code is intended to control problems caused by abuses in consumer fraud as a result of fortunetelling and related occupations; and WHEREAS, a recent decision of the California Supreme Court has rendered unconstitutional the provisions of Chapter 8.20 banning such occupations; and WHEREAS, the City Council of the City of Carlsbad deems it necessary to control problems caused by abuses in consumer fraud as a result of fortunetelling and related occupations through reasonable business regulations, NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: That Title 8, of the Carlsbad Municipal Cod is amended by repealing Chapter 8.20. SECTION 2: That Title 5 of the Carlsbad Municipal Code is amended by the addition of Chapter 5.50 to read as follows: "CHAPTER 5.50 FORTUNETELLIING AND RELATED OCCUPATIONS Sections 5,50.010 Definitions, 5.50.020 Permit required. 5.50.030 Permit application. 5,50.040 Permit investigation. 5.50.050 Bond required . 5.50.060 Term of the permit. 39 20 21 22 23 24 25 26 27 28 5,50,010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section unless from the context a different or contrary meaning is clearly intended: loan, or receipt or anything of value. forecasting of futures or furnishing of any information not otherwise obtainable by the ordinary process of knowledge by means of any occult, physic power , faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, 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, gypsy cunnin! or foresight, crystal gazing, oriental mysteries or magic of any kind or nature, business of fortunetelling . (A) "For Pay" shall mean for a fee, reward, donation, (B) "Fortunetelling" shall mean telling of fortunes, (C) "Fortunetelling" means persons engaged in the 5.50.070 Revocation of the permit. 5.50.080 Renewal of fortunetelling license. 5.50.090 Issuance of permit after revocation. 5.50.100 Exception - entertainment, 5.50.110 Exception - religious practices. 5.50.030 Permit application. Each application for a fortunetelling permit shall be submitted to the Chief of Police on a form provided by the Police Chief and shall contain the following information: business phone number of the applicant. applicant and of any person who is employed by the applicant to conduct or conducts fortunetelling on behalf of the applicant applicant and of any person who is employed by the applicant to conduct or conducts fortunetelling on behalf of the applicant. 4. The address, city and state, and approximate dates where and when the applicant and any person employed by the applicant to conduct or conducting fortunetelling on behalf of the applicant practiced a similar business either alone or in conjuction with others. the interior layout 1. The name, home and business address and home and 2. A record of convictions of violations of law of the 3. A set of finger prints and current photograph of th 5, A site plan showing the location of the business an 6. An application fee of $150. 2, 5.50.020 Permit required. (A) No person shall conduct, engage in, carry on, participate in, advertise, or practice fortunetelling or cause the same to be done for pay without having first obtained a permit from the Chief of Police and a business license from the license collector. Any permit issued pursuant to this chapter shall be valid for one year from the date of issuance unless suspended or revoked. 1 2 3 4 5 6 7 e 9 1c 13 12 t 1E 15 2( 21 2: 2: 24 2: 24 2: 2€ 0 5.50.040 Permit investigation. Upon receipt of a complete application and fee the Police Chief shall, within a reasonable period of time not to exceed 30 days, conduct an investigation to verify the facts contained in the application and shall grant a fortunetelling permit if he makes all of the following findings: 1. That all the information contained in the application and supporting data is true. 2. The applicant or any person employed by the applicant to conduct or conducting fortunetelling on behalf of the applicant has not, within the previous two years, been convicted of any violation of this chapter or any law relating tc fraud or moral turpitude. 3. The applicant agrees to abide by and comply with all conditions of the permit and applicable laws. 4. The Land Use Planning Manager has certified that the business location complies with the provisions of Title 21 of this code. 5.50.050 ~ee required. A fortunetelling permit shall be issued only after the applicant has paid the license fee required by Section 5.08.160. 5.50.060 Term of the permit, A fortunetelling permit shall be valid for the same period of time and shall run concurrently with the term of the regular business license issuec for the fortunetelling business, 5,50.070 Revocation of permit. A fortunetelling permit may be revoked at any time by the Chief of Police after providinc not less than ten days notice and a hearing to the applicant. A permit may be revoked if the applicant or any person employed by the applicant to conduct or conducting fortunetelling on behalf of the applicant violates any provision of this chapter or, if during the permit period, any event occurs which would disqualifl the applicant from the issuance of a permit. 5.50.080 Renewal of fortunetelling license. If on or before the 45th day prior to the expiration of a currently valid fortunetelling permit the permittee applies for the renewal of the permit the Police Chief shall grant such renewal provided he finds that all the facts set forth in the original application are substantially the same and provided that such application is accompanied by a fee in the amount of $50 no part of which is refundable. If all facts set forth in the original application are not substantially the same the applicant for renewal shall comply with all requirements set forth in the chapter for an initial application for a permit. 5.50.090 Issuance of permit after revocation. If a permittee has had a permit revoked under Section 5.50.070 of this chapter a new permit shall not be issued unless the permittee qualifies for a new permit under this chapter and in addition posts with the City Clerk a surety bond in the principal amount of $5,000 executed as surety by good and sufficient corporate 3. 1 2 3 4 5 6 7 8 9 10 11 1% c 1E 1: 2c 21 2: 2; 21 2E 2( 2'; 2E 0 suret doing bu iness in th princ-2le by the applicant. State of Calif rnia and as a The form of the bond shall be approved by the City Attorney and shall be given to ensure good faith and fair dealing on the part of the applicant as a guarantee of indemnity for any and all loss, damage, theft or other unfair dealing suffered by any patron or customer of the applicant within the City during the term of the permit. 5.50.100 Exception - entertainment. The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstration of mind reading, mental telepathy, thought conveyance, or the giving of horoscopic readings in public places and in the presence of or 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 the public place to hear such answers. 5.50.110 Exception - religious practices. 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 bonafide church 01 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: 1. Except as provided in subparagraph 2 hereof the fees, gratuities, emoluments and prof its thereof shall be regularly accounted for and paid solely to and for the benefit ol the bonafide church or religious association as defined in this section. defined in this section may pay to its ministers a salary or compensation based on a percentage basis pursuant to an agreemenl between the church and the minister which is embodied in a resolution and transcribed in the minutes of said church or religious organization." 2. Such bonafide church or religious association as SECTION 3: That Title 21, Chapter 21.26 of the Carlsbac Municipal Code is amended by the addition of Section 21.26.010(29) to read as follows: (29) Fortunetellers as defined in section 5.50.010(c)." SECTION 4: That Title 5, Chapter 5.08 of the Carlsbad Municipal Code is amended by the amendment of Section 5.08.160 to add fortunetellers to the list of practitioners contained therein, 4. 1 2 3 4 5 6 7 a 9 10 11 1% 1€ 1s 2c 21 22 2; 24 2: 2f 27 2E 0 ENACTMENT CLAUSE: Pursuant to the provisions of Government Code Sections 36934 and 36937 the City Council of the City of Carlsbad, California declares this ordinance to be an urgency ordinance requiring immediate enactment thereof. Immediate enactment is necessary for the preservation of the public peace, health, safety and general welfare of the City and its citizens. On August 15, 1985 the California Supreme Court declared that total prohibitions of fortunetelling for consideration such as that contained in Chapter 8.20 of the Carlsbad Municipal Code is unconstitutional. This decision in Spiritual Psychic Science Church of Truth, Inc. v. City of Asuza was final on September 14, 1985. Because it is necessary to protect the citizens of Carlsbad from unscrupulous operators and because it is necessary for persons desiring to engage in fortunetelling businesses to know what regulations and restrictions will apply to their business it is necessary that this ordinance be effective immediately upon adoption. DECLARATION OF URGENCY: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and sha: take effect immediately upon its adoption. The facts constitutii the emergency are set forth above and represent a threat to the public health, safety or welfare of the citizens of Carlsbad. EFFECTIVE: This ordinance shall be effective immediate. upon passage and the City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published once in the Carlsbad Journal within 15 days after its adoption. 5. l! 2: 2d 2' 21 2' INTRODUCED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on the 5th day of November , 1985 by the following vote to wit AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: "-E ABSENT: None APPROVED AS TO FORM AND LEGALITY db d.62.A MARY H. CASLER, Mayor ATTEST : Lzea%LdBQ- ALETHA L. RAUTENKRANZ, Cit. Clerk 6.