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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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Sections:<br />

5.40.010 Permit Required - Application -<br />

Approval - Denial - Appeal.<br />

5.40.020 Permit - Exemptions.<br />

Chapter 5.40<br />

FORTUNETELLING<br />

5.40.010 Permit Required - Application - Approval - Denial - Appeal.<br />

5.40.030 Penalty for Violation - Unpaid Fees,<br />

Debt to <strong>City</strong> - Action Brought.<br />

It shall be unlawful for any person, whether acting as principal, agent, clerk, employee or otherwise, to commence<br />

or carry on or engage in the pr<strong>of</strong>ession, calling, art, occupation or business <strong>of</strong> astrology, palmistry, phrenology, life<br />

reading, fortunetelling, cartomancy, crystal gazing, clairvoyance, clairaudience, magic, necromancy, psychism,<br />

psychometry, mind reading, mental telepathy, automatic writing, spirit writing, trance mediumship, sandgazing,<br />

materialization, ballot reading, conducting trumpet seances, prophecy, augury, divination, the making, giving or<br />

selling <strong>of</strong> charms, potions, talismans, or magic articles, without first having made application in writing to the Tax<br />

and Permit Inspector for a permit to do so, which permit shall be issued by the Tax and Permit Inspector only after<br />

order by the Board <strong>of</strong> Police and Fire Commissioners <strong>of</strong> the <strong>City</strong>. Further the Board <strong>of</strong> Police and Fire<br />

Commissioners may in its discretion grant or deny any application presented to it under this chapter; and, the decision<br />

<strong>of</strong> the Board <strong>of</strong> Police and Fire Commissioners with respect to the granting or denying <strong>of</strong> any such application shall<br />

be final and conclusive upon all persons and parties concerned, unless set aside or reversed or modified by the <strong>City</strong><br />

Council, upon the aggrieved permittee's appeal duly filed pursuant to the provisions <strong>of</strong> Section 1.30.050 <strong>of</strong> this <strong>Code</strong>.<br />

No privilege shall be exercised under any permit hereunder save and except after the payment to the <strong>City</strong> <strong>of</strong> the<br />

permit fee fixed by Chapter 5.04 <strong>of</strong> this <strong>Code</strong>.<br />

Each permit issued hereunder shall continue in force and effect from and after its issuance only throughout and<br />

during the month <strong>of</strong> its issuance and the consecutive months thereafter for which the permit fee payable monthly in<br />

advance shall have been paid. (Ord. 5136, 1999; Ord. 2853 §1, 1961; prior <strong>Code</strong> §27.67.)<br />

5.40.020 Permit - Exemptions.<br />

This chapter shall not, nor shall anything in this chapter contained, apply to any ordained or duly accredited<br />

clergyman, minister, pastor or missionary <strong>of</strong> any form <strong>of</strong> religious belief or accredited to or ordained by any bona fide<br />

church, ecclesiastical organization or religious corporation, while engaged in ministering as such or conducting the<br />

religious worship, work or <strong>of</strong>fices <strong>of</strong> the church, ecclesiastical organization, religious corporation, or religious belief;<br />

nor, to the faith, practice or teaching <strong>of</strong> any religious body or religious belief; provided, that the fees, gratuities,<br />

emoluments or pr<strong>of</strong>its shall be paid solely to or for the benefit <strong>of</strong> the church, ecclesiastical organization, religious<br />

corporation, religious body or faith concerned.<br />

Further, this chapter shall not, nor shall anything in it contained, apply to any person exercising or demonstrating<br />

or exhibiting any pr<strong>of</strong>ession, calling, art, occupation or business above specified in any regular theater permitted by<br />

this <strong>City</strong> or in any scientific demonstration conducted in any public educational institution in this <strong>City</strong>. (Ord. 2853<br />

§2, 1961; prior <strong>Code</strong> §27.68.)<br />

136 rev. 12/31/99

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