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HomeMy Public PortalAboutOrd. 0818ORDINANCE N0. AN URGENCY ORDINANCE ENACTING A NEW DIVISION 3 TO ARTICLE II OF CHAPTER 20 LYNWOOD CITY CODE PROVIDING FOR THE REQUIREMENT OF SPECIAL PERMITS FOR CARRYING ON THE BUSINESSES OF PALMISTRY, MEDIUMSHIP, ASTROLOGY AND FORTUNE TELLING, REGULATING THE SAME AND ESTABLISHING A BUSINESS LICENSE FEE THEREFORE. The City Council does hereby ordain: Section 1. The title to Division 2 on page 266 of the Lynwood City Code is hereby amended to read as follows: "Special Permits and Fees required for businesses not specifically and especially covered and provided for by subsequent divisions of this Chapter." Section 2. There is hereby added to Chapter 20 Lynwood City Code an additional division thereof and said division shall be numbered "Division 3" and shall be entitled: "Fortune Telling, Palmistry, Mediumship and Astrology." Section 3. There is hereby enacted the following Sections of the new Division 3 of the Lynwood City Code. "A. 20.150. Definitions. For the purposes of this Division, the following words and phrases shall have the meanings respectfully ascribed to them by this Division. "Fortune telling shall mean the art or practice of divining or telling for'tunes,or of judging character, aptitudes and probabilities by any means other than palmistry, mediumship or astrology. "Fortune teller's permit shall mean the authority issued to any person who practices palmistry, mediumship, astrology or fortune telling within the City. "Mediumship shall mean the art, practice or profession of communicating with departed spirits by a person known as a 'medium,' while in a state of trance, who imparts such communication for hire, whether it be done pursuant to a system of philosophy, religion, -1- legerdermain or metaphysical science. "Owner shall mean every person having the ownership or control of a Palmistry, mediumship, astrology or fortune telling business and who operates or proposes to operate said business within the City. "Original permit shall mean a permit to operate a palmistry, mediumship, astrology or fortune telling business issued by the City Council pursuant to an application filed on or before February 15, 1867. "Owner's Permit shall mean the authority issued to an owner authorizing him or her to operate or have operated a palmistry, mediumship, astrology or fortune telling business within the City. "Palmistry shall mean the art or practice for hire of divining or telling fortunes, or of judging of character, aptitudes and probabilities by the lines, marks and mounts in the palm of the hand, including, but not limited to, the art of reading, or inferring a person's character or his past or possible future from his hand. "Practice of Astrology shall mean the practice for hire of the science or pseudo science which treats of the influences of the stars upon human affairs and of foretelling terrestrial events by their position and aspects. "Subsequent Permit shall mean a permit issued by the City Council pursuant to an application filed after February 15, 1967. "B. 20.151 Owners Permit Required, "No person shall operate or permit to be operated a palmistry, mediumship, astrology or fortune telling business owned or controlled by him within the City without obtaining an Owner's Perrnit from the City Council, except that Diana Adams who held a permit and was licensed to operate a palmistry and fortune telling business owned or controlled by her within the City under former Section 20.93 Lynwood City Code at 12520 Long Beach Boulevard within the City is hereby permitted to operate said business until her -2- application for an Owner's Permit under this Section has been acted upon by the City Council, or until the time for the filing of an application for an Owner's Permit by Diana Adams as provided by Section 20.15 hereof has expired and no application has been filed by her, whichever event occurs first. "C. 20.152 Application; filing, requisites. "An application for a permit to conduct palmistry, mediumship, astrology or fortune telling for hire shall be filed with the City Clerk, shall be in writing on forms provided by the City and shall be accompanied by a filing fee of $50.00 for each permit required. Any such application shall be under oath, in duplicate and shall contain: "(1) A complete identification of the applicant. "(2) Names, citizenship, residence and business addresses of any co-partners, including limited partners, or if an unincorporated association, the names and addresses of all the members of the association and the names of the officers and directors of the association, and if any of the officers or directors are not members of the association their addresses; or, if an unincorporated religious association, church or other organization, the names and addresses of the members of the association, church, or other organization and the names of the minister, officers, directors and/or trustees and/or elders and/or deacons thereof, and if any of the foregoing are not members of the association, church or other organization, their addresses; or, if a corporation, the names, citizenship, residence and business addresses of the corporate officers thereof. "(3) The name, residence and business address of the manager or person to be in charge. "(4) If the owner of the business of palmistry, mediumship, astrology or fortune telling is not the owner of the premises where the proposed business is to be conducted, the name, residence and business address and written consent of the owner of the premises, who shall indicate his consent by signing the -3- application in the space provided. "(5) The address and the particular room or rooms for which the permit is required. "(6) The exact nature of the proposed business for which the permit is requested, and the name under which it is operated. "(7) Whether or not the applicant, or persons referred to in subsection (3) and (4) of this section has had a permit for the same or similar business suspended or revoked any- where, and, if so, the circumstances of s~.zch suspension or revocation. "(8) Whether or not the applicant, or any officer or director, or member of applicant, as the case may be, has ever been convicted of a felony or any crime mentioned in Section 20.153 and upon which the Chief of Police is required to investigate and report, "(g) The hours of operation. "(10) Such other information as the City may require. "D. 20.153 Investigation. "(1) The Chief of Police shall investigate and determine whether or not the applicant and all persons directly or indirectly interested in the permit or proposed business as owners, partners, officers, manager or other person to be in charge of the premises are reputed to be persons of good moral character. He shall also ascertain whether or not any of such persons has been convicted of a felony or any crime involving theft, embezzlement, bribery or moral turpitude, or have had a license or permit for a similar business suspended, cancelled or revoked. The Chief of Police shall make a report of his findings to the City Manager and the City Manager shall review the report and make his own report to the City Council, incor- porating, within his discretion, either the entire report of the Chief of Police or a summary thereof and his own recommenda- bons, The City of Lynwood may cause fingerprints to be taken of the applicant and any other persons referred to herein. -4- "(2j If the Chief of Police should find after investigation on his part as herein provided, that the premises do not comply with the law or such use of the premises would result in a violation of law, he shall recommend that the application be denied. "E. 20.154 Duration of Diana Adams' license. "If Diana Adams shall fail to file an application for an Owner's Permit under the provisions of this ordinance on or before February 15, 1967, the temporary permit under which she is authorized to continue operation of her business under Section 20.151 shall forthwith cease and terminate. "F. 20.155 Classes of Applicants; Original and Subsequent. "All applicants for permits under the provisions of this division who file their applications on or before February 15, 1967, shall be known as "Original Applicants." All who file applications subsequent to February 15, 1967, shall be known as "Subsequent Applicants." "G. 20.156 Original Application; Public Hearing; Notice of Hearing. "Upon the filing of the original application, the City Clerk shall fix a time and place for a public hearing before the City Council which shall not be less than 45 days nor more than 60 days from the date the application was filed in the Office of the City Clerk. Notice of the date, time and place of said hearing shall be mailed by registered or certified mail to the applicant at the address shown in his application at least 15 days before the date of said public hearing, and the City Clerk shall also post a copy of said Notice in the lobby of the City FIa11 at least 15 days before the date of said hearing, and the City Clerk shall execute and file a declaration of mailing and posting. "H. 20.157 Minimum Requirements. "No permit shall be issued under this division -5- until the following minimum requirements have been complied with: "(1) It must appear that neither the applicant nor any of the persons directly or indirectly interested in the permit or proposed business as owner, partner, member, officer, manager or other person to be in charge of the proposed business have ever been convicted of a felony or of a crime involving moral turpitude and are of a good moral character. "(2) The applicant has complied with all the provisions of this division. "I. 20.158 Issuance or Denial of Permit. "If the City Council finds that applicant is fit and willing and able to conform to the provisions of this division, then the City Council, in its discretion, may issue a permit with a duration of one year, renewable annually as provided in Section 20.161 hereof. "J. 20.159 Original and Subsequent Applications Distinguished; Public Convenience and Necessity. "All of the provisions of this division applicable to original applications shall be equally applicable to subsequent applications except that an applicant for a permit who files his application after February 15, 1967, shall have the burden of proof at the hearing before the City Council that the public convenience and necessity requires an additional palmistry or mediumship or astrology or fortune telling business in the City of Lynwood, and unless the City Council finds that an additional palmistry or mediumship or astrology or fortune telling business in the City is required by public convenience and necessity, irrespective of the good qualifications of applicant and that he is fit, willing and able to conform to the provisions of this division, the permit shall be denied. "K. 20.160 Renewable Permits. "(1) Filing. An owner's permit shall remain in effect for a period of one year from the date it was granted by the City Council and may be renewed only in the following manner: -6- Between the 1st day of September and the 15th day of October of each year during which the permit remains in effect, the applicant shall file in the Office of the City Clerk an application for a renewal of said permit which shall be on forms furnished by the City, shall be in writing, under oath, in duplicate and shall contain all the information required by Section 20.152. "(2) Renewal by City Manager. The City Manager shall review said application and make such investigation as he, in his discretion, shall deem necessary, and if, in his judgment, the applicant is fit, and has conformed to the provisions of this division and is able and willing to continue to do so, the City Manager shall issue a renewal of the permit. lf, in the judgment of the City Manager from his investigation, the applicant is not fit, or has not conformed to the provisions of this division, or appears unable and/or unwilling to conform to said provisions, he shall not renew said permit. The decision of City Manager shall be in writing and shall be made within 15 days from the date the application for renewal is filed in the Office of the City Clerk. A written copy of the decision of the City Manager shall be served upon applicant either personally or by certified or registered mail by the City Manager forthwith. "C3) Appeal. Applicant shall have the right to appeal the decision of the City Manager to the City Council by filing a written notice of appeal in the Office of the City Clerk within 10 days from the date of the service upon him of a copy of said decision. After Notice of Appeal has been filed the City Clerk shall forthwith set the date and place for the hearing of the Appeal before the City Council not more than 30 days from the date of the filing of the Notice of Appeal. The City Clerk shall serve a notice in writing upon the applicant either personally or by registered or certified mail of the date, time, and place of the public hearing and said notice shall be served not less than five days before the date set for the hearing. The City Council shall either affirm or reverse the -7- decision of the City Manager on or before December 31 of the year during which the application was filedo The action of the City Council shall be final. "(4) Filing of Application within stated periods jurisdictional. The filing of the application for renewal of a permit between September 1 and October 15 shall be jurisdictional and under no circumstances shall the City Clerk accept an application for filing after October 15. "L. 20.161 Suspension or Revocation of Permit, "Any permit issued under the terms of this division may be suspended or revoked at any time by the City Manager, after public hearing due notice of which shall be furnished the permittee, if the City Manager shall find, upon evidence heard, that "(1) The practice of said palmistry, mediumship, astrology or fortune telling by permittee, does not comport with the public peace, safety, morals or general welfare for any reason. "(2) The permittee, or any of his co-partners, or the one in charge of the business, if neither an owner or a co- partner, or an officer, if permittee is a corporation, or the Manager or one in charge of the business, if not an officer of the corporation, or if an unincorporated association or organization, the minister, or one in charge of the association or organization, if not the minister, or if an incorporated organization or association, an officer thereof, or the minister, if not an officer, or the one in charge of the business, if neither an officer of the corporation, or the minister, has'been convicted of a felony, or any crime involving theft, embezzlement, bribery or moral turpitude. "(3} The permittee has failed to conform to the conditions of this division. "(4) Any condition or fact exists which, if known at the time of the issuance of the. permit, would have been grounds for denying the permit. "M. 20,162 Appeal. "An appeal may be made to the City Council from any -8- decision or determination of the City Manager and the time within which permittee shall give Notice of Appeal all the other procedure pertaining thereto shall be that provided by Section 20.160 Subdivision (3)• "N. 20.163 Fortune Teller's Permit License.. "No person shall practice palmistry, mediumship, astrology or tell fortunes in the City, and no owner shall permit the practice of palmistry mediumship, astrology or fortune telling, unless the person practicing palmistry, medium- ship, astrology or fortune telling shall have then in force a "fortune tellers" license, issued under the provisions of this division. "0. 20,164 Filing an application for a Fortune Teller's License shall be filed with the License Collector on forms provided by the City and such application shall be verified under oath and shall contain the following information: "(1) The birthdate and the place of birth of applicant. "(2) The experience of the applicant in practicing palmistry, mediumship, astrology or fortune telling. "(3) A concise history of applicants practice of palmistry or' astrology or mediumship or fortune telling. "(4) Which of the four categories mentioned in (3) applicant practices. "(5) The educational background of the applicant. "(6) The names and addresses of four residents of the City of Lynwood who have known the applicant for a period of two years and who will vouch for the honesty, integrity and general good character of the applicant. "P. 20.165 Minimum requirements: No Fortune Teller's permit shall be issued until the following minimum requirements have been complied with. "(1) The applicant must not be less than 21 years of age. -9- "(2) It must appear that the applicant has never been convicted of a felony or any crime involving theft, embezzlement, bribery or moral turpitude. "Q. 20.166 Investigation of Applicant, "The City Manager shall conduct an investigation of each applicant for a fortune teller's license, and a report of such investigation and a copy of the police record, if any, shall be attached to the application. "R. 20.167 Approval or Rejection Appeal. "The City Manager shall upon consideration of the application and the report attached approve or reject the application. The applicant shall have the right to appeal the decision of the City Manager. as provided by Subdivision (3) of Section 20.160. "S, 20.170 Issuance of Licensed "Upon approval of the application for a fortune teller's license, the City Manager shall issue a license to the applicant which shall bear the name, address, signature and photograph of the applicant. "T. 20.171 City Manager's Right to Waive License. "If any person holds a valid Owner's Permit under this division and also practices palmistry ,: astrology, mediumship or fortune telling personally in connection with the business for which he holds a valid owners permit, the City Manager, in his discretion may waive the requirements of Sections 20.163 through 20.170. "U. 20.172 Suspension or Revocation. "A fortune teller's license may be suspended or revoked at any time by the City Manager in the same manner and subject to the same conditions as provided by the suspension or revocation of an owner's permit and all of the provisions of Section 20.161 shall apply. "V. 20.173 License Fee. "The business license fee to conduct the business of palmistry, astrology, mediumship or fortune telling in the City -10- shall be $1000.00 per year for every owner conducting or carrying on any of said businesses. No person shall conduct or carry on any one of said businesses in the City without having paid said business license fee. Diana Adams shall not resume the business of palmistry a.ndjor fortune telling under her temporary permit until she has paid said business license fee of $1,000.00; provided, however, if Diana Adams either fails to file an application for a permit within the time allowed herein or her application is denied, said business license fee shall be prorated over the portion of the year she was in business in the City and the difference shall be refunded by the City to her. "W. Exemptions. Nothing in this ordinance shall be construed or understood as prohibiting the reading of palms or tea leaves, or fortune telling at a private party, or as part of an entertainment of family or guests in a private dwelling, or at an entertainment of family or guests in a private dwelling, or at an entertainment or party sponsored by a bona fide lodge, service club, veterans organization, patriotic organization, student body or similar organization where no money or things of value or other consideration is given or exchanged, and the said palmistry or fortune telling is performed exclusively for entertainment purposes, and provided further that nothing herein is to be understood or as prohibiting the practice of the science or pseudo-science of astrology which treats of the influence of the stars upon human affairs, and of foretelling terrestrial events by their positions and aspects by persons in their homes, or by bona fide societies, organizations or groups of persons in the City of Lynwood provided such practice is not carried on for profit, but is carried on only as a scientific or pseudo-scientific project, program or endeavor and no person gains or stands to gain any private profit therefrom." Section 4. Urgency. The City Council deems that it is necessary for the immediate preservation of the public safety, health and welfare that this ordinance go into immediate effect for the -11- following reasons: The City Council enacted an ordinance prohibiting the conduct or carrying on the business of palmistry, astrology and fortune telling for hire in the City and this ordinance became effective January 6, 1967; the Attorney for the only permittee and licensee in the City for this type of business has heretofore argued before the City Council at two general meetings thereof that the ordinance not only is unduly harsh in that it deprives permittee of a substantial property right in a very preemptory manner but that the ordinance is unconstitutional and that if the City Council does not either repeal the said ordinance or enact an ordinance which would permit a person such as the permittee to continue her business permittee would repair to the Courts to test the constitutionality of the ordinance. A majority of the City Council have expressed a desire to effect a compromise that would permit such a permittee to continue in business, but under strict regulations. Inasmuch as the ordinance prchibiting all such businesses in the City is now in effect and the Attorney for permittee has agreed to withhold legal action until this less restrictive ordinance can be enacted, the City Council deems that it is necessary for the immediate preservation of the public safety health and welfare that this ordinance go into immediate effect and the City Council, therefore, adopts this ordinance,as an urgency ordinance. Section 5. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed and published in the City of Lynwood. First read and finally adopted and ordered published at a regular meeting of the City Council of the City of Lynwood held -12- on the 17th day of January, 1967, bV the following vote: Ayes: Councilmen Noes: Councilmen ~a?z+~~t, Absent: Councilmen '~~ Mayor o'f the City of Lynwood ATTEST: City Clerk, City of Lynwood