HomeMy WebLinkAbout19-City Clerk
city OF SAN BERII. .RDIN~EQUEST ~ )R COUNCIL ACTION
From:
Lee Gagnon, Business License Supervisor Subject: Ordinance amending Fortunetelling
and Term of Business Permits
Dept: City Clerk
Date: December 11, 1989
Synopsis of Previous Council action:
Recommended motion:
That the first reading be waived and said ordinance be laid over for final passage.
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Signature
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Contact person:
Lee Gagnon
Phone:
384-5036
Supporting data attached: Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
AlIF'nrlR ltF'm Nn_/ q
CITY OF SAN BERR'ARDINO - REQUEST ~OR COUNCIL ACTION
STAFF REPORT
The California supreme Court on August 15, 1985, upheld a Court of Appeal
decision throwing out the City of Azusa's prohibition against fortunetelling,
palmistry, and other forms of foretelling the future. The decision of the supreme
Court was announced in the case, spiritual Psychic science Church of Truth v.
City of Azusa.
This decision makes it necessary to revise San Bernardino Municipal Code
Section 5.04.355. We can no longer prohibit astrology, palmistry, phrenology,
life-reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal-
gazing, mediumship, prophecy, augury divination, magic or necromancy. We can,
however, regulate these practices to the extent of requiring payment of a
business license fee and requiring the completion of the business permit process
in accordance with Municipal Code Chapter 5.82.
Therefore we have submitted the appropriate code revisions to accommodate
changes necessitated by the court decision.
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1 ORDINANCE NO.
2 ORDIN.Z\NCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.04.355 AND 5.82.260 OF THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO BUSINESS PERMITS FOR FORTUNE TELLING AND THE TERM OF
BUSINESS PERMITS
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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Section 5.04.355 of the San Bernardino
SECTION 1.
7 Municipal Code is hereby amended to read as follows:
8 "5.04.355 Fortunetelling
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For the purposes of this
A.
Fortunetelling defined.
section, "fortunetelling" means the practice of the art of
astrology, palmistry, phrenology, life reading,
fortunetelling, cartomancy, clairvoyance, clairaudience,
crystal gazing, mediumship, spirit augury, divination,
necromancy, character reading or fortunetelling by
handwriting analysis or other similar business or art,
whether predicted by manual or electronic device, and
demand or receive directly or indirectly a fee, gift,
donation or reward for the exercise or exhibition.
B.
Permit Required. If is unlawful for any individual or
person to conduct or carryon any fortunetelling business
or activity without first having applied and received a
Business Permit as set forth in Municipal Code Chapter
5.82.
C.
Business License Required - Fee.
A business license
application shall be made and a business license tax of
$200.00 per year paid in accordance with this code.
The
license fee shall be due on January 1 of each year and must
DAB/ses
December 8, 1989
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.04.355 AND 5.82.260 OF THE SAN BERNARDINO MUNICIPAL CODE
2 RELATING TO BUSINESS PERMITS FOR FORTUNE TELLING AND THE TERM OF
BUSINESS PERMITS
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be paid by January 31 of each year.
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D.
Religious Exemptions.
Church or recognized religious
organizations shall be exempt from permit and license
regulations of this chapter provided that the generated
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revenue is for the exclusive benefit of the church, all
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revenue will be deposited directly to the church treasury,
no single person will benefit from the generated revenue,
and that the church has maintained headquarters or a place
of worship in the city for at least one year preceding the
date on which the activity shall be initiated.
Proof of
religious exemption shall be furnished to the City Clerk
in the form of a determination letter from the United
States Treasury (Internal Revenue Service) relating to
federal taxes or a determination letter from the State
Franchise Tax Board relating to franchise taxes."
SECTION 2.
Section 5.82 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"5.82.260 Permit - Duration
Permits issued pursuant to this chapter shall be valid
until such time as there is a change of ownership of the
business or until the permit is suspended, abandoned, or
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revoked."
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DAB/ses
December 8, 1989
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.04.355 AND 5.82.260 OF THE SAN BERNARDINO MUNICIPAL CODE
2 RELATING TO BUSINESS PERMITS FOR FORTUNE TELLING AND THE TERM OF
BUSINESS PERMITS
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
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meeting thereof, held on the
Bernardino at a
day of
, 1989, by the following vote, to wit:
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AYES:
Council Members
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NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1989.
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W.R. Holcomb, Mayor
City of San Bernardino
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Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
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B~J
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DAB/ses
December 8, 1989
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