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

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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)

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