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HomeMy WebLinkAboutCC ORD 1971-1269 Fortunetelling (6.40)1269 ORIDN AN CE O. 1 i;9 AN tail/iNANCI R1 GtiLA'r- 1 N G PALMISTRY, PALM READING, I+'ORTUNE TELLING, SPIRITUALISTS, MEDIUMS, PROVIDING FOR THE REGULATION OF SUCH AC'TIVITIES AND THE BONDING OF PERSONS ENGAGED THEREIN BE IT ORDAINED that the City Council of the City of Na- tional City does ordain regula- tions for the conduct of the businesses uescribed below as follows: SECTION 1. Permit. Any per- son engaging in the business of "palmistry," "palm reading," "fortune telling," "spiritual- ism," "numerology," "card reading," "tea leaf reading" or any other form of prognostica- tion of future events or the giving of must personal obtain advice a per- mit mit to engage in said business pursuant to this ordinance. SECTION 2. EteeptionS. This ordinance does not apply to the practice of any profession now regulated by the State of Cali- fornia, including but not limited to medicine, psychology, soci- ology, social work and marital counseling, if such practitioners are licensed by an appropriate agency of the State of Califor- nia. SECTION 3. Police Report. Each application for a license hereunder shall be referred to the Chief of Police fornvpsti- gation. Each applicant shall present himself at the head- quarters of the National City Police Department to be finger p r i n t e d and photographed. Thereafter the Chief of Police shall make such investigation of the applicant's background as the Chief of Police deems necessary to discharge his duties hereunder. Within 30 days of receipt of an appli- cation, the Chief of Police shall approve or deny the issuance of a permit hereunder. SECTION 4. Grounds for Denial. The Chief of Police shall deny an applicant a permit hereunder if investigation reveals that the applicant's character is such that his oc- cupying a position of trust and confidentiality with members of the public would be inimical to the health, safety and welfare of the citizens of National l City. Poat SECTION 5. Applicant Bond. Upon approval of the issuance of a permit hereunder, the applicant shall post a penal bond running to the benefit of any citizen injured by the conduct of the applicant's busi- ness. Said bond shall be in the sum of $1,000.00, in the form to be approved by the City Attorney, and shall be deposited with the Teasurer of National City. SECTION 6. Permits Issued 4p. Annual Basis. Permits here- under shall be issued on an annual basis. The Chief of Police shall review applications for renewal hereunder, and make such investigation as he deems appropriate prior to approval of a renewal. A refusal by the Chief of Police to renew a permit hereunder shall be appealable in the same manner as a denial to issue an original permit. SECTION 7. W'ritter., Statement of Denial. If the Chief of Police denies a permit hereunder, he shall deliver to the applicant a detailed statement of the grounds for denial. SECTION 8. Appeal to City Council. Within 10 days after the receipt of the written state- ment of the grounds of denial of an application hereunder, an applicant may appeal the deci- sion of the Chief of Police to the City Council. The appeal shall be in the form of a written 'statement of appeal, setting forth the grounds of appeal, directed to the City Council through the office of the City Clerk. Upon receipt of an appeal hereunder, the City Council shall set a public hearing thereon within 30 days, and give notice thereof to the applicant. At the public hearing, the City Council shall consider the report of the Chief of Police, and any other evidence presented by the City staff, together with the statements and evidence offered by the appellant. SECTION 9. Council to Deny Appeal. Within 14 days of the close of the public hearing r e q u i r e d hereunder, City Council shall uphold or overrule the action of the Chief of Police. The decision of the City Council shall be communicated to the appellant in writing. If the Council upholds the action of the Chief of Police in denying a permit hereunder the Council shall do so based on evidence which shows that the applicant's character is such that his holding a position of trust and confidentiality when relationship to the citizens of National City is contrary to the health, safety and welfare of said citizens. SECTION 10. Procedure. Technical rules of evidence the procedure shall not apply to p roc educe and hearings hereunder. The Council may waive any irregularities or informalities i n procedure hereunder. Public hearings hereunder may be continued from time to time as the Coun- cil may iiee fit. The failure of the City Council to act within the time limits hereunder shall be deemed by them to be a denial of any appeal then before them. PASSED AND ADOPTED , by the City Council of the City of National City, California, this 18th day of May, 1971, by the following vote, to -wit: AYES: Councilmen Camacho, Hogue, Reid, Waters, Morgan NAYS: Councilmen None ABSENT: None KILE MORGAN Mayor of the City of National City, California A TT T S T : IONE MINOGUE City Clerk By: JO B. FASIG Deputy City Clerk the fore- going hereby approve going Ordinance this 18th day of May, 1971 KILE MORGAN Mayor of the City of National City. California I hereby certify that the above and foregoing Orinance No. and true copyyof 1269 of the Ordinances of the City of National City, California, as adopted by the City Council of said City, and ap roved by the Mayor said City, on the 18thday EayM 1971.(SSigneed (Seal'. City T3_ Deputy City Crer 270 /ll 5-27-71 ,ity of Ca.lifoa'ni AND 1 HEREBY CERTIF' that the same has been duly publisheyl according to law. City Clerk. City of National City. Cali`orn`iaa