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A. Upon receipt of the application provided for in Section 5.68.040, in duplicate, the director shall cause such investigation of the applicant’s business and moral character to be made as the director deems necessary for the protection of the public good.

B. All property owners within three hundred feet of any proposed fortunetelling operation shall be given notice in writing of an application. Within fifteen days after receipt of such notice, any property owner or tenant within three hundred feet of a proposed fortunetelling operation may protest to the director the proposed application for a fortunetelling operation stating the reasons therefor.

C. If, as a result of the investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the director shall endorse on the application his disapproval and his reasons for same, and return the application to the applicant with the notification that his application is disapproved and that no permit will be issued.

D. If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the director shall endorse on the application his approval and return the application to the applicant. Upon payment of the permit fees prescribed by this chapter, the director shall issue and deliver to the applicant a serially numbered permit. The permit shall contain the signature of the director, or his designee thereof, issuing the same, the name, address and photograph of the permittee, a description of the permittee, including age, sex, height, weight, and color of hair and eyes, and the name of the organization or entity which has applied for said permit, the amount of the fee paid, the date of the issuance, and the length of time the same shall be operative. If the permittee is other than self-employed, the name and address, both permanent and temporary, of the firm, person, corporation or association by which he/she is employed, or which he/she represents shall also be listed on the permit. The permit shall also be signed by the permittee in ink. The director shall keep a record of all permits issued.

E. If the director has not either approved or disapproved the application as provided in this section within forty-five days of his receipt of the application, he shall forthwith report in duplicate his reasons for the delay to the applicant. The applicant shall thereupon have the right to appeal to the city council as provided in Section 5.68.060.

F. The director may deny the application if the director makes any of the following determinations:

1. The applicant has knowingly misstated, misrepresented, concealed or withheld any material fact on the application for the permit.

2. The applicant, or any of them, within five years immediately preceding the date of filing the application, has been convicted in a court of competent jurisdiction of any offense:

a. Which relates to the applicant, within five years from the date of the application, being convicted of any violation of this chapter or crimes, involving prediction of future by the occult arts, larceny, perjury, bribery, extortion, fraud or other similar crimes involving moral turpitude;

b. Which is a felony; or

c. Any other crime involving moral turpitude.

3. The applicant, or any of them, within five years immediately preceding the date of filing of the application, has had any fortunetelling permit or permit issued within the state, United States of America or any of its territories, suspended or revoked.

4. The applicant, or any of them, is not a fit and proper person to engage in the operation of a fortunetelling operation, taking into consideration the financial stability of the applicant and personal history including business experience and reputation for habits and character traits.

5. The fortunetelling operation is to be located within any area of the city which is wholly residential; or if the fortunetelling operation location is adjacent to a residential area and, in the opinion of the director, the operation of a fortunetelling operation in such location would tend to cause a public nuisance or law enforcement problem.

6. The fortunetelling operation is to be located within two thousand feet of a public school, church, hospital, children’s playground, or any other public facility where the presence of the fortunetelling operation might tend to cause a law enforcement problem, or create a public nuisance, or where the granting of the permit would be contrary to the public interest.

7. The fortunetelling operation is to be located in an area not zoned for such activities as determined by the appropriate planning administrator or commission. (Ord. 95-9 § 1, 1995)