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SANTA CLARA COUNTY CODE OF ORDINANCES: Division B9 FORTUNETELLING*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division B9
FORTUNETELLING*

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Editor's note--Section 1 of Ord. No. NS-519.6, enacted Oct. 21, 1986, repealed former Div. B9, §§ B9-1--B9-13, and § 2 of the ordinance enacted, in lieu thereof, a new Div. B9 as herein set forth. The repealed provisions, which also pertained to fortunetelling, derived from §§ 5.1.2-1--5.1.2-12 of the 1954 Code.

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Sec. B9-1. Definition.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section:

(a) Fortunetelling means any foretelling of any event or events which may occur in the future by means of cards, palmistry, astrology, crystal gazing, numerology, phrenology, clairvoyance, necromancy, magic or by any supernatural, mystic or occult means; or in locating or divining any treasure, mineral, lost or missing article or person by such means; or in persuading, inducing or procuring any person to transfer, convey, donate, devise, bequeath, pledge, mortgage or deposit any money or property by such means; or to describe, expound or resolve any matter pertaining to business finance, romance, bereavement, or good or bad fortune, by such means; or pretending, assuming or undertaking to do any of the abovementioned things or to aid or assist any other person in so doing; or to make, sell or give away charms, potions, talismans or magic articles, or anything purporting to be such.

(b) Reserved.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-2. License required.

No person shall practice or engage in fortunetelling, either for or without compensation, or attempt to do so or hold themselves out or advertise that they practice or engage in fortunetelling without first obtaining a license from the secretary of the Planning Commission, except as otherwise provided in Section B9-16.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-3. License fee.

The nonrefundable license fee payable at the Central Permit Office at the time the fortunetelling application is submitted shall be $350.00.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-4. Application for license.

Written application for the license required by this division shall be filed with the Central Permit Office at least 90 days prior to the proposed commencement of the fortunetelling activity. Such application shall be accompanied by a fee in the amount provided in Section B9-3, and shall be signed by the natural person or persons who will be conducting the fortunetelling activities. The application shall set forth as to each individual applicant:

(1) The applicant's name, address, driver's license number, birthdate and telephone number, the address and telephone number of the principal place of business of the applicant shall also be included in the application.

(2) Where [the] applicant has resided or engaged in business for five years preceding the date of application, and the period of time spent at each such location.

(3) The location and assessor's parcel number for the real property where the fortunetelling activity is proposed to be conducted. The applicant shall also furnish proof of ownership of such real property or the written consent of all the owners of the real property where such fortunetelling activity is to be conducted.

(4) The names and addresses of all owners of all real property located within 300 feet of the boundaries of the real property upon which the fortunetelling activity is proposed to be conducted.

(5) The nature and type of fortunetelling activity that is proposed or intended to be conducted.

(6) Identity and particulars concerning any arrests or convictions of either a felony or misdemeanor.

(7) Such further information as may be required by the secretary of the Planning Commission.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-5. Security requirement.

Prior to the issuance of a license hereunder, an applicant shall file with the Department of Land Use and Development a good and sufficient fidelity bond to be approved by the secretary of the Planning Commission, or cash deposit, in the sum of $10,000.00 to insure that the applicant will conduct his or her fortunetelling activities in a nonfraudulent, honest and fair manner and in conformity with the laws of this State.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-6. Referral, notice and hearing.

(a) The Central Permit Office shall refer an application for a fortunetelling license to the secretary of the Planning Commission, and for recommendation and investigation to the Sheriff and to any other persons, entities or agencies deemed appropriate.

(b) The secretary of the Planning Commission shall set a date and time for a public hearing on the application for a fortunetelling license, which hearing shall be held no later than 45 days following submittal of a complete application. Notice of such hearing shall be mailed, at least ten days prior to the hearing, to the applicant at his or her principal place of business, to the owners of all interests in the real property upon which the proposed use is to be conducted, to the owners of all real property located within 300 feet of the exterior boundaries of the real property upon which the proposed use is to be conducted using the addresses shown on the application, and to any other person who has filed a written request for such notice.

(c) Each applicant and any other interested person shall have the opportunity to review all records, papers, files and other evidence relating to the application for a fortunetelling license, except background information on individuals, at least five days prior to the time set for public hearing on such application.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-7. Action by the secretary of the Planning Commission.

(a) At the time and place set for public hearing on the application for a fortunetelling license, the secretary of the Planning Commission shall consider: the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B9-6; records, papers, files and any other relevant evidence; and shall either continue the hearing, hold the matter under advisement or render his/her decision either granting or denying the application.

(b) The secretary of the Planning Commission may refuse to issue a fortunetelling license, after consideration of the application, the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B9-6, and any other papers, records, and files he/she deems relevant on any of the following grounds:

(1) The operation of fortunetelling activities at the proposed location would be injurious to the health, safety or welfare of the people of the County; or

(2) The proposed mode of operation of the fortunetelling activities are not in compliance with the provisions of this division; or

(3) The person or persons applying for the license, or any owner of the real property upon which the fortunetelling activities are proposed to occur, have previously violated the provisions of this division or of any similar ordinance, law, rule or regulation of the County or another public agency which regulates the operation of fortunetelling activities; or

(4) The applicant knowingly made a material misstatement of fact in the license application; or

(5) The fortunetelling activities are inconsistent with the applicable zoning regulations.

(c) The secretary of the Planning Commission shall deny a license application if a potential fire hazard or threat to life safety exists at the proposed location.

(d) If a license for fortunetelling is approved, the secretary of the Planning Commission may include such restrictions and conditions in the license as he/she deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this division, including, without limitation, the hours of operation, and the size and location of any signs (in addition to the requirements of the applicable zoning regulations). Upon approval of a fortunetelling license, the secretary of the Planning Commission shall prepare and forward to the applicant written notice that a license has been granted, and a statement of any conditions attached thereto. A copy of such notice shall be sent to the Sheriff and the County officials investigating the application pursuant to Section B9-6 and a request for the issuance of a fortunetelling license, plus a copy of the notice, shall be sent by the secretary of the Planning Commission to the Central Permit Office. No decision of the secretary of the Planning Commission upon an application for a fortunetelling license shall become final until the 15-calendar-day period during which an appeal can be made to the Board of Supervisors has elapsed without an appeal having been filed.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-8. Appeal.

(a) Written [Within] 15 calendar days after the decision of the secretary of the Planning Commission on an application for a fortunetelling event license, any person dissatisfied with such decision may appeal to the Board of Supervisors by filing an appeal application with the Central Permit Office. Such application shall be accompanied by a nonrefundable fee in an amount established by the Board of Supervisors. A copy of the appeal application shall be forwarded to the Sheriff, the secretary of the Planning Commission and the County officials investigating the application pursuant to Section B9-6.

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of such hearing shall be mailed, at least ten days prior to the hearing, to the appellant and the applicant, all owners of real property located within 300 feet of the proposed location of the fortunetelling activities, the owners of the premises if different from the applicant or appellant, and to any other person who has filed a written request for such notice.

(c) The appeal shall be heard by the Board of Supervisors within 30 days after filing of the appeal; provided that the Board of Supervisors may continue from time to time any hearing held by it.

(d) The secretary of the Planning Commission shall transmit to the Board of Supervisors all records, minutes, papers and files which constitute the record from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the license application as if no other hearing had been held, and may approve, disapprove or conditionally approve the application. The decision of the Board of Supervisors upon an appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the secretary of the Planning Commission, the Central Permit Office, the Sheriff, [and] the County officials investigating the application pursuant to Section B9-6, whether the appeal has been granted or denied.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-9. Issuance of license.

Following the granting of a fortunetelling license and the lapse of the 15-calendar-day period in which to appeal such grant, the Central Permit Office shall issue the license. Upon issuance of the license, the Central Permit Office shall hold it for pickup by the licensee. A fortunetelling license shall be valid only for a period of one year, unless sooner revoked pursuant to the provisions hereof. Such license is renewable.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-10. Summary suspension.

The Sheriff or his/her designee or any authorized representative of the County may suspend the operation of and close any fortunetelling activity prior to the expiration of the license and prior to any hearing for the revocation thereof by the Board of Supervisors, in the event of the occurrence of a violation of this division, Code or federal or state law. Following issuance of such suspension order and within 30 days thereafter, a hearing to revoke, reaffirm or conditionally reaffirm the license shall be held in accordance with Section B9-11. Any license holder whose fortunetelling license is suspended pursuant to this section shall not conduct any such fortunetelling activities under such license unless and until the secretary of the Planning Commission, or the Board of Supervisors on appeal, reaffirms or conditionally reaffirms the license under Section B9-11. The Sheriff or his/her designee or the authorized representative of the County shall prepare and forward a report on a suspension pursuant to this section to the secretary of the Planning Commission prior to the hearing.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-11. Revocation, reaffirmation or conditional reaffirmation.

Any license issued under this division may be conditionally reaffirmed, reaffirmed, or revoked by the secretary of the Planning Commission on his/her own motion, or on application of the Board of Supervisors or the Sheriff or District Attorney or other County officer or department head. Except as provided in Section B9-10, a public hearing on such revocation, reaffirmation, or conditional reaffirmation will be held and notice thereof shall be given by the secretary of the Planning Commission in accordance with Section B9-6. The secretary of the Planning Commission may revoke or conditionally reaffirm any fortunetelling license on one or more of the following grounds:

(a) That such license was obtained by fraud or false, misleading or fraudulent statements of material facts made in the application for the license or in any other document required pursuant to this chapter.

(b) That any person making use of such license is violating or has violated any conditions of such license.

(c) That the detriment to the public health or safety, or the nuisance arising from the conduct of the fortunetelling activities or from changed circumstances necessitates the revocation of the license or the modification or addition to license conditions.

(d) That an inadvertent error or omission in establishing the original conditions requires modifying or adding to the license conditions, but a license shall not be revoked because of such error or omission.

(e) That the license holder has violated, or caused or permitted any other person under his/her control or supervision to violate any provision of this division or state or federal law in connection with the conduct of the fortunetelling activities.

An appeal to the Board of Supervisors from the decision of the secretary of the Planning Commission under this section may be made within 15 calendar days after the decision and in accordance with Section B9-8.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-12. Nontransferability of license.

Licenses granted under this division shall not be transferable either as to the licensee or location. Any attempt to transfer shall render the license invalid and it shall be deemed automatically revoked.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-13. Posting of license.

A fortunetelling license shall be posted in a conspicuous place in the premises where the fortunetelling activities are being conducted.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-14. Unlawful acts.

It shall be unlawful and a crime to:

(a) Hold or conduct fortunetelling activities on any real property without first obtaining a license for the holding or conducting of such activities.

(b) Advertise or promote fortunetelling activities prior to the time a license has been obtained.

(c) Knowingly and fraudulently obtain a license for conducting fortunetelling activities with the intent not to comply with the provisions thereof.

(d) Conduct fortunetelling activities without complying with all of the conditions of the license or with the provisions of this division.

(e) For the owner of the real property to allow such real property to be used for fortunetelling activities for which a license has not been obtained.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-15. Criminal penalty.

The violation of any provisions of this chapter [division] shall be a misdemeanor, punishable by a fine of not more than $1,000.00 or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed each day that such violation continues.

(Ord. No. NS-519.6, § 2, 10-21-86)

Sec. B9-16. Exemption.

This division does not apply to any ordained minister of any form of religious belief or the faith, practice or teaching of any religious body, or to the exhibition of such a fortuneteller at a theatre hall or public place for the purpose of entertainment and amusement only.

(Ord. No. NS-519.6, § 2, 10-21-86)

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