§ 4-11.204. Issuance Refusal, Revocation or Suspension of Permit.

(a)

The Chief of Police shall issue all permits after the application therefor has been reviewed and approved. For good cause the Chief of Police may refuse, revoke, or suspend a permit for a fortune-telling establishment, or for any other applicant or permittee for any of the following reasons, which reasons shall be set forth fully in writing and delivered to the applicant or permittee, as is set forth in subsection (b) of this section.

(1)

That the operation as proposed by the applicant, if permitted, will not or does not comply with all applicable laws, including but not limited to ordinances relating to planning, zoning, and other applicable laws and regulations which the departments named in this chapter have a responsibility to administer, and particularly the provisions of this chapter related to minimum distances between fortune-telling establishments.

(2)

That the applicant or any other person who will be directly engaged in the management and operation of a fortune-telling establishment has been convicted of any of the offenses enumerated in paragraph (a)(9) of Section 4-11.202, or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California.

A permit may be issued to any person convicted of any of the offenses enumerated in paragraph (a)(9) of Section 4-11.202 if such conviction occurred more than five (5) years prior to the date of the application.

(3)

That the Chief of Police is not satisfied the moral character of the applicant is such that the applicant's employment by or maintenance and operation of a fortune-telling establishment will not adversely affect the public interest, morals or welfare, or that he is not satisfied the moral character of any person who is an owner, partner, director of a corporation, stockholder holding five (5) percent or more of the stock of the corporation, or lessor or owner of the real property is such that the maintenance and operation of a fortune-telling establishment will not adversely affect the public interest, morals or welfare.

(4)

That any of the provisions of this chapter have been violated or that the permittee or fortune-teller is engaged in any conduct at a fortune-telling establishment which violates any State or local law or ordinance, or that such permittee or any other person acting on the permittee's behalf has refused to allow any duly authorized building inspector or police officer of the City of Modesto to inspect the premises or the operations therein pursuant to the provisions of this chapter.

(5)

That the application contains any false or misleading information.

(b)

Whenever it appears to the Chief of Police that an application should be denied under (a)(1)—(5) above, or that a permittee is in violation of any of the provisions of this chapter, he shall have the authority to deny the application or to summarily suspend the permit. The suspension order shall also constitute notice of proposed revocation.

(1)

The applicant or permittee shall be notified that he or she shall have ten (10) days from the date of such notice to request in writing a hearing before the Chief of Police or his designee to appeal the permit denial or to determine whether the permit should be revoked. If the applicant or permittee fails to request in writing such hearing before the Chief of Police within said period, the application will be deemed denied or the permit may be revoked.

(2)

In situations other than a summary suspension, if it appears to the Chief of Police that any permittee is in violation of any of the provisions of this chapter, or that a permit was obtained by misrepresentation, the permit may be revoked. Written notice of such proposed revocation shall be given by depositing in the United States mail a notice directed to said permittee at the address given in the application. The notice shall set forth the reasons for the proposed revocation and shall notify the permittee that he or she has ten (10) days in which to file a written request for a hearing before the Chief of Police.

(3)

In case of an application denial, or a summary suspension or notice of revocation, the Chief of Police shall provide a hearing within fifteen (15) days after receipt of a written request from the permittee, at which hearing the permittee may present oral or written evidence why the application should be granted or why the permit should not be revoked. Notice of the time and place of such hearing shall be given to the applicant or permittee by depositing it in the United States mail at least ten (10) days before the hearing to the address given in the application.

(4)

If the application is denied or the permit is revoked, written notice shall be given to the applicant or permittee within twenty-five (25) days of the close of the hearing. Notice shall be given by the United States mail. The permittee will be presumed to have received said notice within five (5) days after mailing. It shall be unlawful for any person whose application is denied or whose permit is revoked under this section to operate a fortune-telling establishment, practice fortune-telling or be employed by same in the City of Modesto unless the City Council, on appeal, grants or reinstates the permit.

(5)

Any person who operates a fortune-telling establishment or practices fortune-telling after denial of an application, summary suspension of a permit or after revocation of a permit is guilty of a misdemeanor.

(6)

Any person whose permit is denied or revoked may not apply for a permit to operate a fortune-telling establishment or practice fortune-telling in the City of Modesto for a period of one (1) year from the date of such revocation.

(7)

Any applicant or holder of a permit whose application is denied or whose license is revoked under this chapter shall have the right, after receiving notice in writing of the denial or revocation, to file a written appeal to the City Council pursuant to the provisions of Chapter 4 of Title 1 of this Code.

(Added by Ord. 2390-C.S., § 1, effective 11-26-85)