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HomeMy WebLinkAboutORD 443ORDINANCE NO. 443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTIONS 9.48.010, 9.48.020 AND 9.48.030 OF THE PALM DESERT MUNICIPAL CODE AND ADDING A NEW SECTION 9.48.010 RELATING TO PSYCHIC ACTIVITIES. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: That Sections 9.48.010, 9.48.020 and 9.48.030 of the Palm Desert Municipal Code be and the same are hereby repealed. SECTION 2: That Section 9.48.010 be and the same is hereby added to Chapter 9.48 of the Code of the City of Palm Desert, to read as follows: A. No person shall practice or solicit, advertise or purport to practice, as a business or for any consideration, fee, donation, gratuity, reward or compensation, any art or calling which seeks or purports to predict or foretell future events or the fate or future acts or fortunes of any nation, business, group of persons or individual, or which attempts or promises to bring about, cause, result in or influence the achievement or performance of some personal or economic objective, by analysis of parts, products or personal characteristics of a person, or by analysis of any animate or inanimate object including, but not limited to, celestial body, crystal ball, tea leaves, or playing cards, or through the exercise of any purported psychic, mediumistic, prophetic, occult, clairvoyant, or supernatural power, without first obtaining a permit as called for in this chapter. B. Any person, group or entity desiring to obtain a permit called for under this chapter shall, not less than 30 days before the date of commencement of any activity referred to in the preceeding section, file with the City, an application on a form furnished by the City, and signed by the applicant, providing the following information: 1. the name of the person or organization applying for the permit; ORDINANCE NO. 443 2. the name, address, telephone number, driver's license number and social security number of the person who will conduct the activity referred to in the proceding section; 3. the street address where the activity will be held; 4. the date(s) and times when such activities referred to in the preceeding paragraph will be conducted; 5. whether the applicant or any person who will conduct the activities referred to in the preceding section has ever been convicted of: a. obtaining money or property by fraudulent game or trick in violation of Penal Code section 332; or b. robbery; C. fraud; or d. theft; or e, embezzlement. 6. such other information as may be reasonably be required by the City Manager, Chief of Police or Director of Code Compliance. C. The applicant shall pay to the City a reasonable fee not to exceed $50.00, payable to the City of Palm Desert, to pass the cost to process the permit. D. The City shall issue the permit called for in this chapter, to the applicant, within 30 days of receipt of a property completed application and filing fee, unless the applicant or the person who will conduct the activities referred to in this chapter has been convicted of any of the offenses listed in Section B.5 above. E. The permit granted to the applicant shall provide that the permittee agrees not to conduct the activities called for in the permit in any residential zone and further shall provide that the permittee shall comply with all the zoning regulation, ordinances, and laws of the City including, but not limited to, Chapter 25.66 relating to home occupations. ORDINANCE NO. 443 F. No person, group or entity shall by pretensions to fortune telling, -trick, or o-ther means whatever, fraudulently obtain from another person money or property of any description and such activity shall constitute a violation of this section, in addition to being a violation of California Penal Code section 332. SECTION 3: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation printed, published and circulated within the City of Palm Desert, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California, this December 19th 1985, by the following vote: AYES: BENSON, JACKSON, SNYDER, WILSON AND KELLY NOES : NONE ABSENT: NONE ABSTAIN: NONE V RICHARD S. KELLY,MAYOR ATTEST: SHEILA R: GILLIGAN,'iity Clerk City of Palm Desert, California day of