HomeMy WebLinkAboutItem 6.3 MuniCode Fortunetelling
CITY CLERK
File # D[3J[[][5J-[3J~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 18, 2008
SUBJECT:
ATTACHMENTS:
2.
RECOMMENDATION. ,,/ 1.
~l 2.
3.
4.
5.
FINANCIAL STATEMENT:
DESCRIPTION:
PUBLIC HEARING: Review of Dublin Municipal Code Chapter
4.08 (Fortunetelling)
Report Prepared by Elizabeth H Silver, City Attorney and
Stephen Muzio, Associate Attorney
1.
Draft ordinance Amending Chapter 4.08 ofthe
Dublin Municipal Code Relating to Fortunetelling
Clean copy of draft ordinance
Receive Staff presentation;
Open public hearing;
Receive public testimony;
Close public hearing and deliberate;
Waive reading and INTRODUCE the Ordinance Amending
Chapter 4.08 of the Dublin Municipal Code relating to
Fortunetelling (Attachment 1).
None.
At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high
priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter
proposed for review is DMC Chapter 4.08, which requires anyone wishing to engage in the business of
fortunetelling to obtain a permit and prohibits anyone convicted of a crime involving the elements of fraud
from so obtaining a permit.
Staff has reviewed the ordinance and recommends that the word "city" be capitalized where necessary to
ensure consistency with the rest of the Municipal Code. Staff recommends that Chapter 4.08 be further
amended as follows:
Fraud. The ordinance requires that permit applicants have a clean record with regard to convictions for
crimes involving the element of fraud. The inference is that the ordinance is intended to prevent people
who are more likely to engage in fraudulent activity from engaging in fortunetelling activity. However,
there are currently no provisions in the Chapter for rescinding a permit where the permit holder is
COpy TO:
sr Fortunetelling.DOC; 114.1015
Page 1 of2
6.3
ITEM NO.
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convicted of a crime involving the elements of fraud. Staff recommends the insertion of a new Section
4.08.050, providing for the immediate revocation of a permit upon the conviction of the permit holder of
any crime involving fraud, and renumbering the subsequent sections accordingly.
Social Security Number Required. Section 4.08.030(A)(5) requires that an applicant submit his or her
social security number with the application. The Federal Privacy Act provides that a local government
agency may not deny a license or privilege provided by law because of an individual's refusal to disclose
his or her social security number, unless disclosure is mandated by federal statute. Given this, staff
recommends that this requirement be removed.
The Department of Motor Vehicles requires submission of a social security number in order to issue a
Driver's License. As an alternative to requiring a social security number from permit applicants, Staff
recommends that Section 4.08.030(A)(5) be revised to require that an applicant submit a copy of his or her
Driver's License.
Reference to "City Zoning Ordinance." Section 4.08.060, addresses the Chief of Police's power to
suspend or revoke a fortunetelling permit under certain circumstances. One cause given for suspension or
revocation is where the permit holder has violated "the provisions of the city zoning ordinance." Because
the Chief of Police does not enforce the zoning requirements imposed by the City's Municipal Code, staff
recommends the deletion of this reference to the City zoning ordinance.
To ensure that permits are not granted to applicants who do not have the necessary Conditional Use
Permit required by the Zoning Ordinance, staff recommends inserting into Section 4.08.030 a requirement
that applicants provide the Chief of Police evidence of a valid Conditional Use Permit.
Definition of Fortunetelling. After consultation with Dublin Police services, Staff recommends the
insertion of additional terms into the definition of "fortunetelling" given in Section 4.08.010. The
inclusion of these terms will assist Dublin Police Services in their administration of the ordinance.
Dublin Municipal Code Section 8.08, which defines terms and phrases as they are used in the City's
zoning ordinance, includes a similar definition of "fortunetelling." When Chapter 8.08 is updated as part
of the comprehensive update, this definition will be amended to reflect the changes made by this
ordinance to Chapter 4.08. The difference between the revised definition of "fortunetelling" and that
contained in Chapter 8.08 is not one that will cause problems should any enforcement issues arise before
Chapter 8.08 is revised.
Appeal Procedure. Staff recommends that section 4.08.060 be amended to 1) indicate that the City
Manager will hear appeals of permit determinations made by the Chief of Police and 2) refer to and be
compatible with section 1.04.050 of the Dublin Municipal Code dealing with appeal procedures.
Dublin Police Services has reviewed Chapter 4.08 and concurs with the recommended changes.
RECOMMENDATION
Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive
public testimony; 4) close public hearing and deliberate; 5) waive reading and INTRODUCE the
Ordinance Amending Chapter 4.08 of the Dublin Municipal Code relating to Fortunetelling
(Attachment 1).
Page 2 of2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 4.08 OF THE DUBLIN MUNICIPAL CODE
RELATING TO FORTUNETELLING
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 4.08 of the Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
4.08.010 Definitions.
For the purposes of this chapter, the words set out in this section shall have the
following meanings:
"For pay" means for a fee, reward, donation, loan or receipt of anything of value.
"Fortunetelling" means telling of fortunes, forecasting of futures or furnishing of any
information not otherwise obtainable by the ordinary process of knowledge, by means of
any occult, psychic,_.!!l-TIti<;5.lL9L.~JJ.p<;,m;!J:.m:.'11 power, faculty, force, clairvoyance,
clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves, kau
cim. pendulum or other such reading, mediumship, seership, prophecy, augury, astrology,
palmistry, necromancy, mindreading, telepathy, divination or other craft, art, science,
cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy
cunning or foresight, crystal gazing, oriental mysteries or magic, of any kind or nature for
pay.
"Person" means only natural persons.
4.08.020 Permit-Required.
It is unlawful for any person to engage in the business of fortunetelling within the .Qty
without first obtaining a permit therefor~ as provided herein.
4.08.030 Application procedure.
A. Information to be Submitted.p,<;"rmit.,f,lpplicants Jllust file with the Chief of Police a
sworn application in writing on a form to be furnished by the Chief of Police which shall
J:.<;.Hl!jI~Jhe following information.illlgS!g.<!<;hn~nts:
1. Applicant's true name and any other names the applicant has gone by;
2. Permanent home address and full local address of applicant for the last five years;
3. The address at which the applicant proposes to conduct the business;
4. Evidence of a Conditional Use Permit allowing applicant to engage in fortunetelling
at the address indicated on the application.
j.. The fingerprints of the applicant on a form provided by the Police Department;
f>... Acopv of the applicant's driver's license or other state-issued identification card.,;u
andJ.. A statement as to whether or not the applicant has been convicted within the last
117
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ATTACHMENT 1
five (5) years of any crime, including violation of any municipal ordinance, involving the
elements of fraud.
B. Fees. The application and any renewal application shall be accompanied by a fee to
cover administrative costs. No part of such fees shall be refunded whether such permit is
issued or not. The application fee and the renewal fee shall be as established by
resolution.
C. Investigation. The Chief of Police shall examine all applications and shall make or
cause to be made such further investigation of the application and the applicant as the
Chief of Police shall deem necessary in order to perform his duties under this chapter.
4.08.040 Permit-Issuance.
A. Within forty-five (45) days of receipt of a complete application for a permit, the
Chief of Police shall issue the permit unless he finds that the applicant has not complied
with the provisions of this chapter or has been convicted of a crime involving the
elements of fraud within the last five (5) years.
B. Term of Permit-Renewal. The term of the permit shall be for one (1) year. A
renewal application shall be filed no later than thirty (30) days prior to the expiration of
the permit and shall be processed in the same manner as a new application.
C. Transferability of Permit. Any permit issued under this chapter shall be
nontransferable.
D. Display of Permit. The permit shall be displayed at the applicant's place of
business.
4.08.050 Permit-Grounds for suspension or revocation
The conviction of any person to \vhom a permit has been issued of any crime.
including the violation of any municipal ordinance, involving the elements of fraud shall
be grounds for revocation of said permit. purs~ant to the procedures set forth in Section
4.08.060 of this Chapter.
4.08.0@ Permit-Suspension and revocation.
Whenever it is shown that any person to whom a permit has been issued has violated
any of the provisions of this chapte~. the Chief of Police shall immediately suspend the
permit and give the permit holder a written notice in person or by mail of the suspension
and of a hearing to be held by the Chief of Police within three (3) working days of such
suspension, to determine whether or not the permit should be revoked. The notice must
contain a statement of the facts upon which the Chief of Police has acted in suspending
the permit.
4.08.0].0 Appeal procedure.
Any applicant who is denied a permit or whose permit has been revoked, may appeal
the denial or revocation to the City Manager in accordance with the provisions of Section
1.04.050. ,1be ,city. Manager shall, conditionally or otherwise, either grant, deny,
---- - ------- -- - - ------- -.. --- ---
reinstate or refuse to reinstate such permit.
4.08.0&, Permit exemptions. .
c/~7
Deleted: 5
Deleted: , or tlle provisions of the city
ordinance
~m:~~~~]
r Deleted: in writing by filing his appeal
! with the City Clerk within seven (7) days
I after receipt of notification that his
i application for a permit has been denied,
! or that his pennit has been revoked. Such
: appeal shall be heard by the City Council
! at a time and place to be set by the City
i Clerk. Within twenty-one (21) days from
l the date of filing such appeal, t
! Deleted: 6
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! Deleted: Council
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A. Entertainment. The provisions of this chapter shall not apply to any person engaged
solely in the business of entertaining the public by demonstrations of mindreading,
mental telepathy, thought conveyance, or the giving of horoscopic readings at public
places and in the presence of and within the hearing of all other persons in attendance,
and at which no questions are answered as part of such entertainment except in a manner
to permit all persons present at such public place to hear such answers.
B. Religious Practice. No person shall be required to pay any fee or take out any
permit for conducting or participating in any religious ceremony or service when such
person holds a certificate or ordination as a minister, missionary, medium, healer, or
clairvoyant (hereinafter collectively referred to as minister) from any bona fide church or
religious association maintaining a church and holding regular services and having a
creed or set of religious principles that is recognized by all churches of like faith;
provided that the fees, gratuities, emoluments, and profits thereof shall be regularly
accounted for and paid solely to or for the benefit of the bona fide church or religious
association.
Section 2. Severability. The provisions of this Ordinance are severable and if
any provision, clause, sentence, word or part thereof is held illegal, invalid,
unconstitutional, or inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance
or their applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced
thirty (30) days following its adoption.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this _ day of
,2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
),
v
~7
Lj1
ATTEST:
Carolyn Parkinson, Interim City Clerk
1
ORDINANCE NO.
601'1
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
************ *
AMENDING CHAPTER 4.08 OF THE DUBLIN MUNICIPAL CODE
RELATING TO FORTUNETELLING
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 4.08 of the Dublin Municipal Code is revised as follows, with deletions
indicated in strikethrough and additions indicated in underline:
4.08.010 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
"For pay" means for a fee, reward, donation, loan or receipt of anything of value.
"Fortunetelling" means telling of fortunes, forecasting of futures or furnishing of any information not
otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic, mystical or
supernatural power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry,
phrenology, spirits, tea leaves, kau cim, pendulum or other such reading, mediumship, seership, prophecy,
augury, astrology, palmistry, necromancy, mindreading, telepathy, divination or other craft, art, science,
cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight,
crystal gazing, oriental mysteries or magic, of any kind or nature for pay.
"Person" means only natural persons.
4.08.020 Permit-Required.
It is unlawful for any person to engage in the business of fortunetelling within the City without first
obtaining a permit therefore as provided herein.
4.08.030 Application procedure.
A. Information to be Submitted. Permit applicants must file with the Chief of Police a sworn
application in writing on a form to be furnished by the Chief of Police which shall require the following
information and attachments:
1. Applicant's true name and any other names the applicant has gone by;
2. Permanent home address and full local address of applicant for the last five years;
3. The address at which the applicant proposes to conduct the business;
4. Evidence of a Conditional Use Permit allowing applicant to engage in fortunetelling
at the address indicated on the application.
5. The fingerprints ofthe applicant on a form provided by the Police Department;
6. A copy of the applicant's driver's license or other state-issued identification card;
and
7. A statement as to whether or not the applicant has been convicted within the last five (5) years of
any crime, including violation of any municipal ordinance, involving the elements of fraud.
B. Fees. The application and any renewal application shall be accompanied by a fee to cover
administrative costs. No part of such fees shall be refunded whether such permit is issued or not. The
application fee and the renewal fee shall be as established by resolution.
C. Investigation. The Chief of Police shall examine all applications and shall make or cause to be made
such further investigation of the application and the applicant as the Chief of Police shall deem necessary
in order to perform his duties under this chapter.
Reso No. XX-08, Adopted X/XX/XX, Item No. XX Page 1 of 3
ATTACHMENT 2
4.08.040 Permit-Issuance.
A. Within forty-five (45) days of receipt of a complete application for a permit, the Chief of Police
shall issue the permit unless he finds that the applicant has not complied with the provisions of this
chapter or has been convicted of a crime involving the elements of fraud within the last five (5) years.
B. Term of Permit-Renewal. The term of the permit shall be for one (1) year. A renewal application
shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be processed in
the same manner as a new application.
C. Transferability of Permit. Any permit issued under this chapter shall be nontransferable.
D. Display of Permit. The permit shall be displayed at the applicant's place of business.
(,~(7
4.08.050 Permit-Grounds for suspension or revocation
The conviction of any person to whom a permit has been issued of any crime, including the violation of
any municipal ordinance, involving the elements of fraud shall be grounds for revocation of said permit,
pursuant to the procedures set forth in Section 4.08.060 of this Chapter.
4.08.060 Permit-Suspension and revocation.
Whenever it is shown that any person to whom a permit has been issued has violated any of the
provisions of this chapter, the Chief of Police shall immediately suspend the permit and give the permit
holder a written notice in person or by mail of the suspension and of a hearing to be held by the Chief of
Police within three (3) working days of such suspension, to determine whether or not the permit should be
revoked. The notice must contain a statement of the facts upon which the Chief of Police has acted in
suspending the permit.
4.08.070 Appeal procedure.
Any applicant who is denied a permit or whose permit has been revoked, may appeal the denial or
revocation to the City Manager in accordance with the provisions of Section 1.04.050. The City Manager
shall, conditionally or otherwise, either grant, deny, reinstate or refuse to reinstate such permit.
4.08.080 Permit exemptions.
A. Entertainment. The provisions of this chapter shall not apply to any person engaged solely in the
business of entertaining the public by demonstrations of mindreading, mental telepathy, thought
conveyance, or the giving of horoscopic readings at public places and in the presence of and within the
hearing of all other persons in attendance, and at which no questions are answered as part of such
entertainment except in a manner to permit all persons present at such public place to hear such answers.
B. Religious Practice. No person shall be required to pay any fee or take out any permit for conducting
or participating in any religious ceremony or service when such person holds a certificate or ordination as
a minister, missionary, medium, healer, or clairvoyant (hereinafter collectively referred to as minister)
from any bona fide church or religious association maintaining a church and holding regular services and
having a creed or set of religious principles that is recognized by all churches of like faith; provided that
the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or
for the benefit of the bona fide church or religious association.
Section 2. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect
or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Reso No. XX-OS, Adopted XIXXIXX, Item No. XX Page 2 of 3
~ ~(7
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 ofthe
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this _ day of
AYES:
NOES:
ABSENT:
ABSTAIN:
,2008.
ATTEST:
Carolyn Parkinson, Interim City Clerk
Reso No. XX-OS, Adopted XIXXIXX, Item No. XX Page 3 of 3
Janet Lockhart, Mayor