HomeMy WebLinkAboutOrd 1310ORDINANCE NO. 1.310
AN URGENCY ORDINANCE OF THE CITY OF BURLINGAME
AMENDING THE BURLINGAME MUNICIPAL CODE REGARDING
FORTUNE-TELLING
The CITY COUNCIL of the CITY OF BURLINGAME DOES ORDAIN
as follows:
Section 1. Chapter 6.38 is hereby added to the
Burlingame Municipal Code to read as follows:
"CHAPTER 6.38
FORTUNE-TELLING
6.38.010 Fortune-telling. No person shall conduct,
engage in, carry on, participate in or practice fortune-telling
or cause the same to be done for pay without having first obtained
a permit therefore and without having posted and maintained in
full force and effect a surety bond as required by this Chapter.
A. No person shall violate any of the terms and
conditions of a permit issued pursuant to this chapter nor any of
the regulations and provisions within this chapter. Each day
such a violation or violations occur shall constitute a separate
offense.
B. No person shall conduct a fortuxie-telling business
in any zone of City except in a C-1 or C-2 zone.
C. No person shall conduct a fortune-telling; business
at any address or location other than the address or location
listed on the application and for which the permit is issued.
6.38.020 Definitions. For the purpose of this Chapter
the following words shall have the meanings as hereinafter set
forth:
A. "Fortune-telling'° shall mean telling of fortunes,
forecasting of futures, or furnishing of any information not
otherwise obtainable by the ordinary process of knowledge, by
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means of any occult, psychic power, faculty, force, clairvoyance,
clairaudiance, 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
cunning or foresight, crystal gazing, oriental mysteries or magic
of any kind or nature.
B. "For Pay". "For Pay" shall mean for a fee, reward,
donation, loan or receipt of anything of value.
6.38.030 Permit Application. Every natural person who,for
pay, actively conducts, engages in, carries on, or practices
fortune-telling shall file a separate verified application for a
permit with the License Collector. The application shall contain
1. The name, home and business address and home and
business phone number of the applicant.
2. The record of conviction for violations of the law,
excluding minor traffic violations, including date of conviction,
the court in which said conviction was rendered and the charge
upon which said conviction was rendered.
3. The fingerprints of the applicant on a form provided
by the Police Department.
4. 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.
5. Address or location where the business will be
conducted, if different than as set forth in subsection 1
above.
6. An application fee of $100 and a check or money order
for the 'current Department of Justice 'fingerprint fee.
6.38.040 Business License. At the time of application
for a permit applicant shall also apply for and furnish the
information necessary to obtain a business license as required
by Chapter 6.04 of this Code. No business license shall be issue
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until the investigation is completed and a permit to operate is
approved, and then it shall be issued upon payment of the business
license fee as provided in Chapter 6.04 of this Code.
6.38.050 Investigation. Upon the filing of this
application,it shall be referred to the Police and Planning
Departments for investigation, report and recommendation. The
investigations shall be conducted to verify the facts contained
in the application and any supporting data. The investigation
shall be completed and a report and recommendation made in
writing to the License Collector within sixty (60) days after
the filing of the application.
6 38.060 Issuance or denial of permit. Upon receipt
of the investigation reports from each of the departments to
whom the application has been referred,the license collector
shall issue such permit if all required information has been
furnished and she finds that:
1. All the
information contained in the application
and supporting data is true.
2. That applicant has not, within the previous
twelve (12) months, been convicted of any violation of this
chapter or any law relating to fraud or moral turpitude.
3. The applicant has posted with the City Clerk,
surety bond in the principal sum amount of $10,000.00 executed
as surety by a good and sufficient corporate surety authorized
to do a surety business in the State of California and as
principal by the applicant. The form of the bond shall have
been approved by the City Attorney and shall have been given to
insure good -faith and fair dealing on the part of the applicant
and as a guarantee of indemnity for any and all loss, damage,
theft or other unfair dealings suffered by any patron of the
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applicant within the City during the
term of the permit and for a
period
of five
years from and after
the date of the permit issued,
or any
renewal
thereof. The permit
shall be denied if all of the
above
findings
cannot be made or if
all of the information
required is not supplied to City. If denied, the reasons there
shall be endorsed upon the application and the license collector
shall notify the applicant of the disapproval with a copy of the
application upon which the reasons have been endorsed by first
class mail.
6.38.070 Appeal. In the event a permit has been denied,
',applicant shall have ten (10) days from the date of mailing the
notice within which to appeal to the City Council by filing a
written application for a public hearing with the City Clerk.
Notice and a public hearing shall be given as follows:
1. Upon receipt of the appeal, the City Clerk shall set
the matter for hearing before the Council, at a regular meeting
thereof, within thirty (30) days from the date of filing the
appeal, and shall give written notice of such hearing to the
applicant at his address set forth in the appeal by first class
mail at least ten (10) days prior thereto.
2. On the date set, the Council. shall hear the matter,
and may continue it from time to time before reaching a decision.
If the Council finds that the applicant has satisfactorily met
all of the requirements of this chapter, it shall order the
issuance of the permit and the business license. If it finds
that the requirements have not been met satisfactorily, it shall
deny the permit and the license.
3. All findings of the Council shall be final and
conclusive upon the applicant.
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6.38.080 Permit Revocation. Upon the discovery of any
false or misleading statement in the application or any misrep-
resentation by the applicant in procuring the permit or upon
termination of the bond required hereunder or upon the applicant'
violation of any provision of this chapter, the City Council may
conduct a hearing upon ten (10) days' written notice to the
applicant to determine whether the permit should be revoked.
6.38.090 Exceptions.
A. The provisions of this section shall not apply to ar
person solely by reason of the fact that he or she is engaged
in the business of entertaining the public by demonstrations of
mindreading, mental telepathy, thought conveyance 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 questi
are answered, as part of such entertainment, except in a manner
to permit all persons present at such public place to hear such
answers.
B. 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 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 that:
1. Except as provided in 3 hereof, the fees, gratuities
emoluments and profits hereof shall be regularly accounted for
and paid solely to or for the benefit of the bona fide church
or religious association, as defined in this subsection B.
2. The minister holding a certificate of ordination
from such bona fide church or religious association, as defined
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in this subsection B shall file with the License Collector a
certified copy of the minister's certificate of ordination with
the minister's name, age, street address and phone number in this
City where the activity set forth in this subsection B is to
be conducted.
3. Such bona fide church or religious association, as
defined in this subsection B, may pay to its ministers a salary
or compensation based upon a percentage basis pursuant to an
agreement between the church and the minister which is embodied
in a resolution and transcribed in the minutes of such church or
religious association."
repealed.
Section 2. Section 6.08.100 of this code is hereby
Section 3. This ordinance is hereby declared to be
an Urgency Ordinance and is adopted under the provision of the
Government Code of the State of California, Section 36937,
subsection (b) thereof, and is to take effect immediately.
The reason constituting the urgency of this ordinance
is on the basis that the California Supreme Court has rendered
an ordinance similar to Burlingame's ordinance unconstitutional
in the case of Spiritual Psychic Church of Truth Inc., v. City
of Azusa and in order to properly regulate according to the
decision, it is necessary that this ordinance take effect
immediately.
Section 4. Severability.
If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction such decision shall not affect the validity of the
remaining portion of this ordinance. The City Council of the
City of Burlingame declares that it would have adopted each
section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsectic
clauses, phrases or portions be declared invalid or unconstitutic
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Section 5. Publication. This ordinance shall be
published as required by law.
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Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing Urgency
Ordinance was introduced and adopted at a regular meeting of
the City Council held on the 21st day of October 11985„
by the following vote:
AYES: COUNCILMEN: AMSTRUP, BARTON, MANGINI, MARTIN
NOES: COUNCILMEN: PAGLIARO
ABSENT: COUNCILMEN: NONE
UTL
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City Clerk