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Ordinance No. 748ORDINANCE NO. 748 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONCERNING FORTUNE TELLING, REPEALING AND ESTABLISHING CERTAIN SECTIONS OF THE CITY CODE OF THE CITY OF CYPRESS THE CYPRESS CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17 -4 of the City Code of the City of Cypress and Ordinance No. 745 of the City of Cypress are hereby repealed. SECTION 2. The following is added to Chapter 15, Article I of the City Code of the City of Cypress: Division 2. Fortune Telling. Sec. 15 -46. Fortune Telling and Similar Alas is .c, (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, clairvoyance, crystal gazing, hypnotism (other than in connection with the practice of medicine), 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 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 Permit. No person shall commence, engage in, or advertise that he will engage in any business or activity specified in Section 15 -46(a) without first having procured a permit 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 15 -46(a) shall procure a permit in ‘771:i 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. Permits issued pursuant to this Section shall be non - transferable. The advertisement, commencement, or practice of any activity mentioned herein, without first having procured such permit 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 practice a profession, art, or business specified in Section 15 -46(a) shall submit an application to the City Manager. The applicant shall provide the following: (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) Employment or business records for the previous five (5) years. -2-- (viii) All names used by the applicant during the previous five (5) years. (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 permit if it is found that: (i) All the information contained in the application is accurate; and (ii) The applicant has not been convicted of a crime involving dishonesty, fraud, deceit, or moral turpitude. (e) Issuance of Permit. Upon approval of said application, the City Manager shall thereafter issue the permit when: (i) The required permit fee has been paid; and (ii) A bond is filed with the City Clerk in the principal sum of $10,000.00 executed by a corporate surety aythorized 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 permit. (f) Denial of Permit. In the event the City Manager denies a permit to any applicant, the City Manager shall give the applicant written notice of the denial, in person or by registered mail, stating the reasons for such denial. If the City Manager fails to complete an investigation or issue the permit within thirty (30) days after an application is made, -3- the applicant shall treat such failure as a denial for purposes of filing an appeal. (g) Appeal of Denial of Permit. Any applicant may file an appeal to the City Council with the City Clerk from a decision of the City Manager denying a permit 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) Hearing 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 prepaid, 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. 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 continued from time to time as determined necessary by the Council or upon request of the appellant upon good cause being shown therefor, in the discretion of the City Council. -4- (iii) 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. (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, providing 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 registered 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) Disposition of Application Fee Upon Renewal. If an applicant is denied a permit pursuant to this Section after paying the required application fee, the City shall retain the amount of *150.00 as reimbursement for the cost of- making an investigation, and the remainder of the application fee shall be returned to the applicant. (i) Terms and Renewal of Permit. Any permit 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 permit and written request by the applicant, the City Manager shall renew the psr'mit within ten (10) days of such request if the factual -5- information upon which the original application was granted remains unchanged and there has been no violation of this chapter. (j) Revocation and Appeal. The City Manager shall, at all times, have the power to revoke any permit granted hereunder for cause. In the event the City Manager determines that there is cause for the revocation of any permit hereunder, the City Manager shall immediately notify the applicant thereof; in which event the applicant shall immediately cease and desist from any further, activities under said permit. The applicant shall have the right to appeal such order to the City Council within five (5) days after receipt of such cease and desist order: Upon receipt of such appeal, the City Council shall set the matter for public hearing at its next regular meeting. At such public hearing, the City Council shall take evidence both in support of and in opposition to said cease and desist order. After hearing all of such evidence, the City Council shall have the power to either revoke said cease and desist order, or to confirm same. Grounds of revocation shall be; (i) operation contrary to law; (ii) participation in practices described in Section 15 -46(a) by non - licensed persons at the business premises; (iii) submittal of false information on the application or during proceedings pertaining to such application; (iv) conviction (during the period while a permit is in effect or within the 5 years previous thereto) of a crime involving dishonesty, fraud, deceit, or moral turpitude. (k) Nuisance Abatement. Any business, building or structure within which such business is being operated contrary to the provisions of this ordinance, and any use of land, building or premises within which a business is being conducted, operated or maintained contrary to the -6- provisions of this ordinance, and the same is hereby declared unlawful and a public nuisance, the City Attorney shall, upon order of the City Council, immediately take action for the abatement, removal and enjoinment in the manner provided by law. (1) Penalties. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of an infraction, except as otherwise provided in Part D hereunder. Any person convicted of an infraction for violation of this ordinance is punishable by: A. A fine not exceeding fifty dollars ($50.00) for a first violation; • B. A fine not exceeding one hundred dollars ($100.00) for a second violation within one (1) year; C. A fine not exceeding two hundred dollars ($200.00) for a third violation within one (1) year. D. Each violation after the third violation during one (1) year shall constitute a misdemeanor and shall be punishable as prescribed by the City Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by any such person, and he shall be punishable accordingly. (m) Scope of Regulation. The provisions of this chapter shall not be construed to include, prohibit or interfere with the exercise of any religious or spiritual function of any priest, minister, rector, or an accredited representative of any bona fide church or religion where such priest, minister, rector, or accredited representative holds a -7- - certificate of credit, commission or ordination under the laws of any state or territory of the United States of America or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association synod of the system or faith with which they are affiliated, provided, however, that any church or religious organization which is organized for the primary purpose of conferring certificates of commission, credit or ordination for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief, is not deemed to be a bona fide church or religious organization. SECTION 3. This ordinance is adopted as an urgency measure to provide for the operation of certain designated uses at appropriate locations and upon completion of an application process intended to promote the public health, safety and welfare. SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of any fact that any one of more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application threrof to any person or place, be declared invalid or unconstitutional. SECTION 5. The City Clerk is hereby authorized and directed to certify as to the passage of this ordinance and to give notice by causing copies of this ordinance to be posted in three public places throughout the City. INTRODUCED AND ADOPTED at a regular meeting of the City Council of the City of Cypress held on the 23rd{day: of September, 1985. -8- In the event that it is hereafter judicially determined that this ordinance may not be enacted as an urgency measure, this ordinance shall be determined to have received its first reading at a regular meeting of the City Council of said City held on the 23rd day of September 1985, and finally adopted and ordered posted at a regular meeting of said Council held on the 15th day of October , 1985. K MAYOR OE'I THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE ITY OF CYPRESS STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 23rd day of Septembe4 1985; by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, and Partin NOES: 1 COUNCIL MEMBERS: Kanel ABSENT: 0 COUNCIL MEMBERS: None /yam) 1 CITY CLERK THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 15th day of October 1985; by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mullen CITY CLRK "OF THjCTY OF CYPRESS