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HomeMy WebLinkAbout1229 - Fortune Telling and Similar Artsu • TITS : aem 8/1/67 ORDINANCE NO. 1a AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.04.220 AND REPEALING SECTION 5.08.060 OF THE NEWPORT BEACH MUNICIPAL.CODE AND ADDING CHAPTER 10.18 TO SAID CODE RELATING TO.FORTUNE TELLING AND SIMILAR ARTS. The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 5.04.220 of the Newport Beach Municipal Code is amended to read: [15.04.220 Business Re uirin Council A roval. No license-sbe issue or any o t e o owing usinesses: Airplane, passenger or freight. Ambulance service. Auction. Automobile for hire. Billiard room. Boats: fishing barge, sightseeing, U ®drive, live bait and watercraft for hire. Carnival or circus. Dance hall. Game of skill or amusement. House to house soliciting. Junk dealer or yard. Launching ramp. Merry -go -round or similar device. Outdoor musical or special events. Pawnbroker. Skating rink. Yacht or boat landing, hereby defined to be water to berth three different locations) slip rental (Slip rental is the rental of.space in the or more boats at the same or or for any other business which is similar thereto, or which in the opinion of the City Council has an equal or greater effect upon the public health, safety or welfare, except by prior approval of the City Council. Whenever any person desires to operate any such business, he shall apply to the City Council for approval. In any case when the issuance of a license is subject to City Council approval, the City Council may grant approval in whole or in part and may impose reasonable conditions deemed necessary by the City Council to assure that the business will be con- ducted in accordance with all state and local laws and not to the detriment of the public. Where any business specified in this section, in the opinion of the City Council, may become dangerous to, or adversely affect the public health, morals, safety or welfare, or become dangerous to the sur- rounding property, the City Council shall deny approval. The City Manager shall recommend to the City Council that an individual business establishment shall be subject to Council approval when, in his judgment, any such business establishment not specifically included in this section has r an effect upon the public health, safety, or welfare equal to or greater than those businesses listed herein. Any applicant for a license to carry on any business specified hereinabove, or any other business which is similar thereto, or which, in the opinion of the City Manager or the • City Council has an equal or greater effect upon the public health, safety or welfare, may be required to be fingerprinted by the Police Department, and may also be asked to answer such reasonable questions as may be put to him concerning his past history and mode of carrying on business, whether it be the same or a different business than the one applied for. Such application may also be referred to any other department of the City or any public agency for investigation and report. The employee or employees of the applicant, where in the opin- ion of the City Manager or City Council the business is such to affect the safety, health or welfare of the public, may also be required to be fingerprinted by the Police Department and may also be required to answer such reasonable questions as may be asked concerning his past history of employment." SECTION 2. Section 5.08.060 of the Newport Beach Municipal Code is hereby repealed. SECTION 3. Chapter 10.18 is added to the Newport Beach Municipal Code to read: "Chapter 10.18 FORTUNE TELLING AND SIMILAR ARTS • Sections: 10.18.010 Fortune Telling Prohibited. 1 Exemptions. 10.18.010 Fortune Telling Prohibited. No person shall conduct, carry on, practice, teach or give instructions in the business or art of fortune telling, palmistry, astrology, phre- nology, life reading, cartomancy, clairvoyance, crystal gazing, mediumship, spirit photography, spirit voices, spirit writing, spirit materialization, etherealization, prophecy, augury, divination, or necromancy, or other similar art or business, and receive either directly or indirectly a fee, gift, reward or donation for engaging in said business or art or putting on an exhibition thereof. 10.18.020 Exemptions. The provisions of Section 10.18.010 shall not be construed to include, prohibit or inter- fere with the exercise of any religious or spiritual function of any priest, minister, clergyman, missionary, or an accredited 2. representative of any bona fide church or religious organiza- tion, where such priest, minister, clergyman, missionary or accredited representative holds a certificate of credit, comet . mission or ordination from such bona fide church or religious organization; 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 monetary consideration and not primarily for the purpose of teaching a religious doctrine or belief shall not be deemed to be a bona fide church or religious organization.1° SECTION 4. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day o ✓ , 1967, and was adopted on the 28th day . of August , 1967, by the following vote, to wit: ATTEST- AYES, COUNCILMEN: Rogers, Marshall, Gruber, Forgit, Shelton NOES, COUNCILMEN: ABSENT COUNCILMEN: None Parsons, Cook 3.