HomeMy WebLinkAboutCC Ord 1176 1985-02-25
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ORDINANCE NUMBER //110
AN ORDINANCE OF THE CITY OF SEAL BEACH,
CALIFORNIA, REGULATING FORTUNE TELLING
AND AMENDING THE CODE OF THE CITY OF
SEAL BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
Section 1. Section 11-64, of Article II of Chapter 11 of the Code of the
City of Seal Beach is hereby amended to read as follows:
Section 11-64. Fortune Telling and Similar Practices.
(a) Every natural person who engages in, practices or professes
to practice, within the City, the business or art of astrology,
phrenology, life reading, fortune telling, cartomacy, clair-
voyance, crystal gazing, hypnotism, mediumship, mesmerism,
oriental mysteries, palmistry, spirits, etherealization,
numerology, physiognomy, seership, prophecy, augury, divination,
magic, necromancy, reading of tarot or similar cards, or use of
other similar occult powers for any form of compensation, shall
pay the sum of seven hundred fifty dollars ($750.00) for the
first year of operation and five hundred dollars ($500.00) per
year thereafter.
(b) Compliance with License. No person shall commence, engage
in, or advertise that he will engage in any business or activity
specified in Section 11-64(a) without first having procured a
license as required by the licensing provisions of this Chapter
or without complying with any and all regulations of such
business or activity contained in this Chapter or any ordinance
of the City. Each person who engages in any of the activities
specified in Section 11-64(a) shall procure a license in the
manner prescribed in this Chapter, regardless of whether or not
such person is practicing such activity on behalf of or in
conjunction with any corporation, partnership, organization,
or any other person or persons. The advertisement, commence-
ment, or practice of any activity mentioned herein, without
first having procured such license when required to do so or
without complying with any and all laws of this City, shall
constitute a separate violation of this Chapter for each and
every day,such business or activity is so advertised or practiced.
(c) Application. Every person desiring to practive a profession,
art, or business specified in Section 11-64(a) shall submit an
application to the City Manager. The applicant shall provide
the fo 11 owi ng:
(i) Name and address of the applicant.
(ii) Address of the proposed location for the conduct of
the proposed profession, art or business.
(iii) Record of conviction for violations of the law,
excluding minor traffic violations.
(iv) Two copies of a photograph, one inch by one inch in
size, taken within six months of the application.
(v) Fingerprints of the applicant on a form approved by
the Police Department.
(vi) Address, including city and state, and approximate
dates when the applicant practiced a similar business,
either alone or in conjunction with others.
(vii) Such other and further information as the City Manager
may find necessary.
Ordinance /,lumber 1/1IP
(d) Investigation. The City Manager shall make, or cause to
be made, an investigation of each application in order to verify
the facts contained in the application. After conducting said
investigation, the City Manager shall approve the issuance of
the license if it is found that:
(i) All the information contained in the application is
true; and
(ii) The applicant has not previously engaged in any
fraudulent activity or has not been convicted of a
crime involving dishonesty, fraud, deceit, or moral
turpitude.
(e) Issuance of License. Upon approval of said application,
the City Manager shall thereafter issue the license when:
(i) The required license fee has been paid; and
(ii) A bond is filed with the City Manager in the principal
sum of $10,000.00 executed by a corporate surety
authorized to do business in this state, which bond
has been approved by the City Attorney. Such bond
shall be 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, injury, theft,
or other unfair dealing suffered by any patron of the
applicant within the City during the term of the license.
(f) Denial of license. In the event the City Manager denies
a permit to any applicant, the City Manager shall give the appli-
cant written notice of the denial, in person or by registered
mail, stating the reasons for such denial.
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(g) Appeal of Denial of License. Any applicant may file an
appeal to the City Council with the City Clerk from a decision
of the City Manager denying a license application within fifteen
(15) days after notice of such decision is given.
(i) Contents of Notice of Appeal. Any such appeal shall
be in writing and shall specify:
1. The name and address of appellant;
2. The matter being appealed;
3. A statement of the ground of appeal.
(ii) HearinQ on Appeal. The City Council shall hold a
hearing in the manner provided herein on any appeal
duly filed pursuant to the provisions of this Section.
Notice of such hearing shall be given to the appellant
not less than ten (10) days before such hearings
either by registered or certified mail, postage pre-
paid, return receipt requested, addressed to the
appellant at the address stated in the notice of
appeal or as filed with or known to the City Clerk,
or in the manner required for the service of summons
in civil actions. At the time of the hearing, the
Council shall hear and consider any relevant evidence. I
At such hearing, the appellant shall be given an
opportunity to appear either personally or by counsel
and to be heard and to call witnesses on his or her
behalf. The Council may place any witness, including
the appellant, under oath. The hearing may be con-
tinued from time to time as determined necessary by
the Councilor upon request of the appellant upon good
cause being shown therefor, in the discretion of the
Ci ty Counci 1 .
(i i i)
Decision. At the close of the hearing or at any time
within thirty (30) days thereafter, the City Council
shall determine whether to grant or deny the appeal and
may impose any conditions it deems necessary. The
decision of the City Council shall be final.
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Ordinance ilumber .//7(.
(iv) Notice of Decision. Unless the Council publicly
announces its decision at the close of the hearing,
it shall, within thirty (30) days thereafter, cause
notice of its decision to be given. Such notice
shall be given either by personal delivery thereof to
the appellant or to an employee of such appellant at
the address set forth in the notice of appeal, pro-
viding such appellant is absent from said place of
business, or by depositing such notice in the United
States Mail in a sealed envelope, first class regis-
tered or certified mail, postage prepaid, return
receipt requested, addressed to the appellant at
said address or to such other address of the appellant
as may be filed with or known to the City Clerk.
Service by mail shall be deemed to have been completed
at the time of deposit in a facility of the United
States Post Office Department.
(h) Terms and Renewal of License. Any license issued pursuant
to this Section shall be valid for a period of one year unless
revoked by the City Manager. Upon the expiration of such
license and written request by the applicant, the City Manager
shall renew the license within ten (10) days of such request if
the factual information upon which the original application was
granted remains unchanged and there has been no violation of
this Chapter.
Section 2. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause same to be published as required
by 1 aw .
PASSED, APPROVED AND ADOPTED by the City Council of the Ci!y.,of Seal Beach,
Cali ria, at a regular meeting thereof held on the O?~~ day of
, 19B5.
ATTEST:
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OUN"f'(.
ST OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do
hereby certi~ that the foregoing ordin if the original copy of Ordinance
Number JI tJ:J on f,9.sJn the offic of he City Clerk, introduced at a
meeting held on the -( day of ~19B5, and passed,
approved and adopted by the CitY.f9~nci f the C't of Seal Beach at a
meet i ng thereof held on the r::l~ e day of :::::::::-.. 1985 by
the following vote: __ )
AYES:
NOES:
Councilmembers
Councilmembers
ABSENT: Councilmembers
and do hereby further certi fy that Ordi nance Number J 17c::' has been '.. -
published pursuant to the Seal Beach City Charter and Resolution Number 2836.
~.._.21( dA
Ci lerk /
Ordinance Number
117b
-:
PROOF OF PUBLICATION
(2015.5 C.C.P.l
S7ATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the Countyaforesaid: I am over
the age of eighteen years. and not a party to
or interested in the above-entitled matter. I
am the prinCipal clerk of the printer of the
Seal Beach Journal
....................................................
....................................................
a newspaper of gen'eral circulation. printed
weekly
and published ..................................
. th C't f Seal Beach
In e I Y 0 ................................._
County of Orange. and which news.
paper has bee.n adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
Califo!"nia.underthedateof..~.~~.:.. 19 ..~~
Case Number ...'~!'!?~~:L..: thatthe notice.
of which the annexed is a printed copy (set
in type not 'smaller than nonpareil!. has
bee" publiShed in each regular and entire
issue of said newspaper and not in any
supplement thereof on the follOWing dates.
to-wit:
. ....... ..!:'!]:!~.l!~.:r:f.. ~.1......... .......... ...........
all in the year 19..~~.
I certify (or declare I under penalty of
perjury that the for~oing is true and
correct .
Dated at. ......~.E!~.~..~!!.~!=.~...................
California. this....QZ...day of ..1'.l:p.., 19.!!.l?
..........~.~~~...~~~...................
FrH c.,in of tillS bl.nll form m.y be secured from;
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 Weal Second S~. Los Angeles. Calif. 90012
Telephone: 1213\ 625-2541
Pl.... rlCluHtGEN811AL "",,'of Public.flOft
when orde"nlll thl. farm.
This space is for the County Clerk's Filing Stamp
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Proof of Publication of
........ .~l}f~l;~~X..::.. .q~~~!i~:~.~.. J!?R.................................
FORTL'l\E TELLIl\'G
..........................................................
SU_Y-O__
1171 FORTUNE TEU.lNCl
Orthnence Number 1176 of the CIty of.
Seal Beach, amendlnl Chapter 11 0':
the Code of the C~ of Seal Beoch,
reaulat1nl fortune telliM. and SImilar
ptlCtices in the City of Sui Belch. was
Introduced at the "ILII. City Council
moetlnl of J.....ry 2S, 19B5. First
reading at Onhnance Number 1116
wl!iLlIPI!I!ft.b.II!!.IIJII~!O..
AYES: Brownell. Clift, Glps, Risner,
Wilson
NOES: None Motion Carried
Ordinance Humbe' 1176 Will receIVe
sec:ond readln. and be conSidered for
adoption at the reaular City Council
meet,". of Monday, February II.
1985 CopieS of Ordinance Number
1176 art available In the office of the
City Clerk. City Hall. 211. 8th Street:.
Seal Beach, Telephone (213)
431-2527,
DATED THIS 4th day of February,
19B5
Joanne M. Yea. City C1efk
City of Seal Beach
Fob 6. 1985
Published In the Seal Beach Journal.
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Ordinance Number //;1~
PROOF OF PUBLICATION
(2015.5 C.C.P.l
S7ATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid: I am over
the age of eighteen years. and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
Seal Beach Journal
....................................................
....................................................
a newspaper of general circulation. printed
and published ...........!t'~IF.1.f..............
in the City of ......Ji.If(l.LIklA~.I!............
County of Orange. and which news.
paper has been adj udged a newspaper
of general circulation by the Supel'ior
Court of the County of Orange, State of
California. underthedateof.I?!'.~.~.., 19 ~?.
Case Number ...~~.~.~....: that the notice.
of Which the annexed is a printed copy (set
in type not'smaller than nonpareil). has
bee" published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates.
to-wit:
)larch 6,
....................................................
all in the year 19..~:s..
I certify (or declarel under penalty of
perjury that the foregoing is true and
correct.
Dated at.......... ..~.~~.. ~~~~. .. . ........ ..
California. ~~i~..tJI-W:,~ 19 ~.?..
............... ....................................
/ Signature
Free ca... of thts III.nlc form III.Y .. SKU.... tram:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 Wesl Second S~. Los Angeles. Calif. 90012
Telephone: (2131625-2541
Pin.. .....uHf GeNeRAL Proof Of "ultliatlon
wll.n or.I'lnll .hll farm.
This space is for the County Clerk's Filing Stamp
Proof of Publication of
S~~~y _ Ordinance Number 1176
...r......................................................
Fortune Telling - adoption '
..........................................................
, SUIlIIAIlY -lIIlIlttANCE NUIIIIEIl
1178 FORTUNE TELLING
I OrdmllO! Number 1176 of the City of
Seal Beach. Imendlnl Chapter 11 of
: the COde of the City of Seal Beach.
resulatinl fortune telllnl and similar
.. practices In the Crfy of Seal Beach.
received second readlnl end WIS
IdopI8d by the Seal Beach City Coon-
I cilm'their reaular meetina or Februlry
. 25. 1985 by the followlnl vote'
. AYES: Brownell. Chft. Grps.
Risner, Wilson
NOES: None Motion carried
, ~0/~N_1176..
_ileble in the offa of tM City Ctet"-.
City HIli, 211 - BIh Street, S..I
_ Beoch: IOlephone C2131 431-2527
; DATED THIS 27th cloy 0/ FebrullY.
. 1985, '
~ Jaonne M Yea. City CIert<
CltyolSeaIBeoch
Mon:h 6, 1985
. Published in the SuI Bach Joumll.
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