HomeMy WebLinkAboutOrdinance 1528 (Fortunetelling Business)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1528 entitled:
"AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SECTION 8.12.050 ENTITLED "FORTUNE-TELLING PROHIBITED," OF
CHAPTER 8.12. OF TITLE 8 AND ADDING SECTIONS 8.12,051, 8.12.052,
8.12.053, 8.12.054, 8.12.055, 8.12.056, 8.12.057, 8.12.058, 8.12.059
AND 8.12.060; AMENDING TITLE 14 "ZONING" SECTIONS 14.08.070 AND 14.74.060,
AND ADDING SECTION 14.75.020(m)"
is a true and correct copy of an ordinance of said City and was
introduced at a Regular meeting of the City Council
of the City of San Rafael, held on the Eighteenth day of
February , 1986, published as required by City Charter in the
Marin Independent Journal , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a R a, ar meeting of the City Council of said City
held on the Eiahteenth day of February , 19 86 by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
26th day of February ,
19 86.
JEA , E J LEONCINA
I`1'� Y Clerk
FOLLOWS:
ORDINANCE NO. 1528
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AMENDING SECTION 8.12.050 ENTITLED
"FORTUNE-TELLING PROHIBITED," OF CHAPTER 8.12. OF
TITLE 8 AND ADDING SECTIONS 8.12.051, 8.12.052,
8.12.053, 8.12.054, 8.12.055, 8.12.056, 8.12.057,
8.12.058, 8.12.059 AND 8.12.060; AMENDING TITLE
14 "ZONING" SECTIONS 14.08.070 AND 14.74.060,
AND ADDING SECTION 14.75.020(m)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
SECTION 1: This ordinance is declared to be an ordinance for
the immediate preservation of the public peace, health, or safety.
(Government Code §36937) The City Council finds and determines the public
peace, health or safety are endangered by the unregulated establishment of
fortune-telling uses within the City. On September 16, 1985, the City
Council extended the fortune-telling moratorium for six months to enable
staff to study fortune-telling uses. Said moratorium expires on March 14,
1986. This urgency ordinance is necessary to insure that fortune-telling
is regulated pursuant to the licensing scheme outlined below, and to
insure fortune-telling uses conform to the proposed amendments to San
Rafael Municipal Code, Title 14, the Zoning Ordinance.
SECTION 2: Chapter 8.12 of Title 8, Sections 8.12.050 through
8.12.060 are amended/added to read as follows:
8.12.050 Fortune-telling.
(a) Purpose. The City Council does hereby find, in the inter-
est of the public health, safety and welfare, that the
regulation of establishments and services of those persons
who engage in fortune-telling for pay, shall be governed by
the procedures articulated in this chapter and shall con-
form to the zoning regulations of Title 14.
(b) Permit Reuired. It is unlawful for any person to engage
in, conduc , or carry on, within the City of San Rafael,
for pay, the business, skill or practice of fortune-telling
as hereinafter defined, without first having obtained a
permit from the City, as set forth in Section 8.12.051.
(c) Definitions.
1. "Fortune-telling" shall mean and include the telling of
fortunes, forecasting of future events or furnishing of
any information not otherwise obtainable by the ordi-
nary process of knowledge, by means of any occult or
psychic power, faculty or force, including, but not
limited to clairvoyance, clairaudience, cartomancy,
psychology, psychometry, phrenology, spirits, tea
leaves or other such reading, mediumship, seership,
prophecy, augury, astrology, palmistry, necromancy,
graphology, mind-reading, life reading, telepathy,
numerology, or other craft, art science, cards, talis-
man, charm, potion, magnetism, magnetized articles, or
substance, crystal gazing, oriental mysteries, or magic
of any kind or nature.
ORDINANCE NO. 1528
2. "Chief" shall mean Chief of Police.
3. "For Pay" shall mean for a fee, salary, reward, dona-
tion, loan or receipt of anything of value.
4. "Person" shall mean any natural person, partnership,
association, corporation or legal entity of any kind.
(d) Exceptions.
1. Entertainment. The provisions of this Section shall
not apply to any person engaged solely in the business
of entertaining the public by demonstrations of mind-
reading, mental telepathy, thought conveyance, or the
giving of horoscopic readings at public places and in
the presence of and 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 such public
place to hear such answers.
2. Religious Practice. No person shall be required to pay
any fee or obtain any permit for conducting or par-
ticipating in any religious ceremony or service when
such person holds a certificate of credit or commission
or ordination under the ecclesiastic laws of a
religious corporation, incorporated under the laws of
any state or territory of the United States of America,
or any voluntary religious association, and who fully
conforms to the rites and practices prescribed by the
supreme conference, convocation, convention, assembly,
association, or synod of the system or faith with which
such priest, minister, rector, or accredited repre-
sentative is affiliated.
Any church or religious organization which is organized
for the primary purpose of conferring certificates of
commission, credit or ordination for a price and not
primarily for the purpose of teaching and practicing a
religious doctrine or belief shall not be deemed to be
a bona fide church or religious organization under this
section.
8.12.051 (a) Application for Permit. Every person who, for
pay, actively conducts, engages in, carries on or practices
fortune-telling shall file an application for a permit with the
Chief. The application shall be in writing, executed under
penalty of perjury and filed along with a nonrefundable applica-
tion fee which -the City Council shall from time to time set by
Resolution. Such fee shall be utilized by the City to defray
costs of conducting the investigation of the applicant. The
application shall include the following:
(1) The full name of the applicant.
(2) The home and business address of the applicant.
(3) The address, city and state, and the approximate dates
where and when the applicant may have practiced any
similar business, either alone or in conjunction with
others, prior to the instant application.
(4) The business address of the applicant for the previous
five years.
(5) All other names previously used by the applicant and
the respective dates of the use of said names.
(6) The fingerprints of the applicant on a form provided
by the Police Department.
(7) The driver's license number of the applicant.
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ORDINANCE NO. 1528
(8) Any criminal convictions of the applicant.
(9) The exact nature of the business to be conducted, the
proposed location of the business and the name under
which the business is to be operated.
(10) The names, addresses and job descriptions of all
employees. If an employee is engaging in the business
of fortune-telling as herein defined, the application
must reflect the employee's San Rafael Police
Department fortune-telling permit number.
(11) Other information deemed by the Chief to be reasonably
necessary to complete the required investigation.
8.12.052 Investigation. The Chief shall examine the application
and determine if it is complete. Upon receipt of a completed
application, the Chief shall conduct an investigation into the
background of the applicant. The investigation shall be con-
ducted to verify the facts contained in the application and any
supporting data.
8.12.053 Issuance or Denial of Permit.
(a) The Chief shall issue a permit pursuant to Section 8.12.050
unless, based upon the background investigation of the
applicant, the following findings are made:
(1) The applicant has been convicted of, or is on parole
or probation for, or has completed a sentence for, a
felony or any offense involving the use of force or
violence upon the person of another, or any offense
involving theft by fraud, deceit, false pretenses, or
trick or device within the five year period im-
mediately preceding the date of application.
(2) The applicant made false, misleading or fraudulent
statements in the application or any other document
required by the City.
(3) The applicant refuses to abide by and comply with all
conditions of the permit and applicable laws.
(b) If the Chief determines to grant the permit, he shall
thereafter issue it only after the applicant has paid the
permit fee specified in Section 8.12.051(a).
(c) If the Chief, based upon the background investigation,
makes one or more of the findings set forth in Section
8.12.053(a), he shall immediately notify the applicant in
writing, of his finding(s). The Chief's notice will also
advise the applicant that he or she may request a hearing
before the City Manager to refute the Chief's finding(s),
by filing a written notice of a request for such hearing
with the City Manager within ten (10) calendar days of the
date of the Chief's notice. If the applicant fails to
request such a hearing within the requisite time period,
the Chief's findings shall be final and the application
shall be denied based upon said findings. At the expira-
tion of the time period for requesting such a hearing, the
Chief shall notify the applicant in writing, by registered
or certified mail or by personal delivery, of the grounds
for the denial of the permit.
If the applicant requests a hearing within the requisite
time period, the City Manager shall set the matter for
hearing within fourteen days following the applicant's
request and notify the applicant of the date and time of
said hearing. The City shall have the burden of proving
that the permit should be denied.
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ORDINANCE NO. 1528
The decision of the City Manager to grant, deny or condi-
tionally grant the permit shall be in writing and if
adverse to the applicant, shall contain findings of fact
and a determination of the issues presented. The City
Manager shall notify the applicant in writing of his/her
decision by registered or certified mail or by personal
delivery and shall serve the applicant with a copy of
his/her decision.
8.12.054 Contents of Permit. If a permit is granted, it shall
contain the following data:
(a) The name of the operator and the place of the proposed
business.
(b) The term of the permit.
(c) A description of the business permitted.
(d) Any conditions imposed upon the applicant as a condition of
doing business.
(e) The signature of the operator, along with a statement that
he or she accepts the permit subject to its terms.
8.12.055 Term of Permit. A permit issued pursuant to Section
8.12.053 shall be signed by the Chief and shall expire on the
31st day of December in the year in which it was issued.
8.12.056 Renewal of Permit. A permit issued pursuant to Section
8.12.053 must be renewed annually by the operator by the filing
of an application with the Chief no later than thirty (30) days
prior to the expiration of the permit. Renewal applications
shall be processed in the same manner as a new application.
8.12.057 Transfer of Permit. Permits issued pursuant to Section
8.12.053 are not transferable.
8.12.058 Operating Regulations.
Every permittee shall:
(a) Immediately notify the Chief of any change of address.
(b) Immediately notify the Chief that the permittee is sur-
rendering his or her permit and terminating business.
Every permittee terminating business shall surrender his or
her permit to the Chief. The permit shall be held by the
Chief until expiration, or until the permittee reestab-
lishes business in the City, whichever occurs first.
It shall be a violation of this section to fail to sur-
render a permit as required.
(c) Every permittee shall pay an annual business license fee as
established in San Rafael Municipal Code Chapter 10.84.
(d) Every permittee, at all times while operating under the
permit issued pursuant to this Chapter, shall have such
permit in his/her immediate possession, and shall display
such permit upon the demand of any customer or of any
police officer of the city.
8.12.059 Suspensions and Revocations.
(a) The Chief may suspend or revoke any permit issued hereunder
on the following grounds:
1. The permittee has violated any of the provisions of
Chapter 8.12, Sections 8.12.050 through 8.12.060 and/or
Title 14.
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ORDINANCE NO. 1528
2. The permittee has committed any act which would
originally have constituted grounds for denial of this
permit.
3. The permittee has committed an act of theft by fraud,
deceit, false pretenses, or trick and device.
4. The permittee hires or retains in his or her employment
a person convicted of a felony, any offense involving
the use of force or violence upon the person of
another, or any offense involving theft by fraud,
deceit, false pretenses or trick or device.
5. The permittee has violated any of the conditions of the
permit.
(b) Suspension/Revocation Procedure:
1. Before suspending or revoking a permit, the Chief shall
give the permittee ten (10) days written notice of the
grounds for said suspension or revocation and shall
conduct a hearing on the suspension or revocation.
2. The Chief shall consider all the evidence presented at
the hearing. The Chief shall, at the conclusion of the
hearing, make findings of fact based upon the evidence
submitted and shall decide whether or not the permit
will be suspended or revoked. Written notice of the
Chief's findings shall be given to the permittee.
3. Suspensions shall be for a period of no more than
thirty (30) days. Any suspension ordered by the Chief
shall take effect upon the permittee's receipt of
written notice of said suspension.
4. The permittee may appeal from the decision of the Chief
by filing a notice of appeal to the City Council with
the City Clerk within ten (10) days following said
decision. Pending the appeal, any such suspension
shall remain in effect. If no notice of appeal is
filed within the ten (10) day period the action of the
Chief shall become final.
5. The Council shall set the appeal for hearing within
thirty (30) days from the date the permittee filed the
notice of appeal and notify the permittee of the time
and date of appeal. Ten (10) days notice of said
hearing shall be given to the permittee.
6. The City Council may uphold, reverse or modify the
suspension or revocation.
SECTION 8.12.060 is added to Chapter 8.12 to read as follows:
Penalty. Any person, firm, or corporation, whether as
principal, agent, employee, or otherwise, violating any of the
provisions of this chapter shall be deemed guilty of a mis-
demeanor punishable by a fine not to exceed one thousand
dollars.
Every fortune-teller who employs a non -licensed fortune-teller
for the purpose of fortune-telling as herein defined, shall be
deemed guilty of a misdemeanor punishable by a fine not to
exceed one -thousand dollars.
SECTION 3: Title 14 is amended as follows:
SECTION 14.08.070 entitled "Definitions" is amended to add the
following:
"Fortune-telling" shall mean and include telling of fortunes,
forecasting of future events or furnishing of any information
not otherwise obtainable by the ordinary process of knowledge,
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ORDINANCE NO. 1528
by means of any occult or psychic power, faculty, or force,
including, but not limited to clairvoyance, clairaudience,
cartomancy, psychology, psychometry, phrenology, graphology,
spirits, tea leaves or other such reading, mediumship, seership,
prophecy, augury, astrology, palmistry, necromancy, mind-
reading, life reading, telepathy, numerology or other craft,
art, science, cards, talisman, charm, potion, magnetism, mag-
netized article or substance, crystal gazing, oriental
mysteries, or magic of any kind or nature. For purposes of this
ordinance, fortune-telling shall be treated like any other
personal service.
SECTION 14.74.060 entitled "Uses Prohibited" is amended to read
as follows:
The following uses by the nature of the business or operation
have a pronounced tendency once started to rapidly increase
beyond the limits permitted for home occupations, and thereby
substantially impair the use and value of a residentially zoned
area for residence purposes. Therefore, the uses specified
below shall not be permitted as home occupations: auto repair,
minor or major; barber shop; carpentry work; dance instruction;
dental offices; medical offices; painting of vehicles, trailers
or boats; photo developing; photo studies; private schools with
organized classes; radio repair; television repair,
upholstering; fortune-telling.
SECTION 14.75.020(m) is added to Section 14.75.020 to read as
follows:
(m) Fortune-telling, as defined in San Rafael Municipal Code
Section 8.12.050(c), is prohibited in all R Districts.
Except where expressly prohibited, fortune-telling is per-
mitted in all other districts providing said use complies
with all the standards and requirements of said district.
SECTION 4: Ordinance Number 1514, the Interim Urgency Ordinance
extending for six months Ordinance Number 1511 "Moratorium on Fortune -
Telling Business," is hereby repealed.
SECTION 5: If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such hold-
ing or holdings shall not affect the validity of the remaining portions of
this ordinance. The Council declares that it would have passed this
ordinance and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections, subsec-
tions, sentences, clauses or phrases be declared invalid.
LAWRENCE E. MULRYA , Ma -for
ATTEST:
NNE M JLEONCIN Cit { C erk
Y
The foregoing Ordinance No. 1528 was introduced at a regular
meeting of the City Council of the City of San Raf ael on the 18th
om
ORDINANCE NO. 1528
day of February , 1986, and was immediately effective as an
urgency ordinance of the City of San Rafael by the following f our/fifth
(4/5) vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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J NE M. LEONCINI( Ci y C erk