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HomeMy WebLinkAboutO-1990-020 i �1AdEMI C ,. 4• i ORDINANCE NO. 20-90 k 4t AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, TO P PROVIDE FOR REGULATION OF FORTUNETELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGERS; PROVIDING FOR ISSUANCE AND REVOCATION OF LICENSES ; PROVIDING FOR JUDICIAL REVIEW; PROVIDING FOR LICENSE FEES; PROVIDING FOR BOND; PROVIDING PENALTIES; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR SEPARABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . License Required . It shall be unlawful to engage in the business of , fortunetelling, palmistry, clairvoyancy or astrology in the City , of Dania, Florida, unless such business is conducted by an i ..f+ � individual who has applied for and obtained a license from the City of Dania for such business. I Section 2 . Issuance and Revocation of License. (A) The City Commission of the City of Dania, Florida, is hereby authorized to grant or renew a fortunetelling , palmistry, clairvoyancy or astrology license for any period of time not exceeding one year to any individual applying therefor on a form to be provided for in Section (B) of this section and the filing by the applicant of the bond required by Section 5 of this ordinance . Ordinance No. 20-90 i j 1 X. G,. u (g) The form on which application shall be made for a fortunetelling , palmistry, clairvoyancy or astrology license shall �z require the following information: a ( 1 ) Name of applicant ; 1 F (2 ) Residence and business address of applicant ; , (3 ) The length of time for which a fortunetelling, d ire ; I palmistry, clairvoyancy or astrology license is des � f { (4 ) A statement as to whether or not the applicant holds , or ` has held a fortunetelling , palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority; a list of such f i f licenses and a statement of the time, place and by whom issued; a statement as to whether any state, j municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, , i palmistry, clairvoyancy or astrology license to the i applicant together with a full and accurate statement as to the reasons for any such refusal ; and a statement as to whether any state , municipality, governing body or ' `I. licensing authority has every revoked a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation. (5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance , and if so, the nature of the -2- 20-90 Ordinance No. i 1 offense and the punishment or penalty assessed thereto. r' (6 ) A photograph of the applicant , taken within 60 days immediately prior to the date of the filing of the e application, which picture shall be 2" by 2" showing the +I head and shoulders of the applicant- in a clear and I distinguishing manner, except that the city commission may waive this requirement with respect to an application for renewal of a fortunetelling, palmistry, { j clairvoyancy or astrology license by an individual j i holding an unexpired fortunetelling, palmistry, ! j clairvoyancy or astrology license issued under this !j ordinance who has in a previous application under this f ordinance complied with this requirement ; i j (7) The fingerprints of the applicant and the names of at I least two reliable property owners of the County of Broward , State of Florida, who will certify as to the j i applicant 's good moral character and business ! I y responsibility, except that the city commission may i � I waive this requirement with respect to an application J for renewal of a fortunetelling, palmistry, clairvoyancy ' i or astrology license by any individual holding an unexpired license issued under this ordinance who has in a previous application under this ordinance complied with this requirement . (C) Before issuing a fortunetelling, palmistry, clairvoyancy or astrology license to any individual applying therefor the city i -3- Ordinance No. 20-90 J' s 4, f r, 4 r, 7 r commission shall refer the application to the Broward County i Sheriff 's Office who shall cause to be made such investigation of c; I the applicant 's moral character and business responsibility as he deems necessary for the protection of the public good, except that the city commission may waive this requirement with respect to an application for renewal of an existing license by any individual j ? I holding an unexpired fortunetelling , palmistry, clairvoyancy or astrology license issued under this ordinance if an investigation of such applicant 's moral character and business responsibility has previously been made under this section in connection with a _o.. ation for such license under this ordinance. The prior applic i I Sheriff or his deputy shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city commission whether or not the moral character and > business responsibility of the applicant is satisfactory. i (D) A fortunetelling , palmistry, clairvoyancy or astrology .. license may be revoked by the city commission or an application � t j for issuance or renewal of such license may be refused by the city commission, if they determine after notice and hearing: i 1 ) That the applicant or license-holder is not an i s individual of good moral character and business responsibility ; or i 2) That the application of the applicnt or license-holder contains any false, fraudulent or misleading material statement; -4- Ordinance No. 20-90 ,: 1 a , , p. r � Y d+ P 3 ) That the applicant or license-holder has perpetrated a { fraud upon any person whether or not such fraud was i perpetrated in the conduct of the business in the City of Dania, Florida; or i 4 ) That the applicant or license-holder has violated any of the statutes of the State of Florida relating to fortunetelling, palmistry, clairvoyancy or astrology; or 5) That the applicant has been convicted of any crime or I misdemeanor involving moral turpitude; or 6 ) That the applicant or license-holder has conducted his _ or her business in the City of Dania, Florida, in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. (E) Notice of the hearing provided for in sub-paragraph (D) 1 I above shall be given in writing to the applicant or license-holder i as the case may be. Such notice shall be mailed, postage prepaid to the applicant or license-holder as the case may be at his last I known address at least five days prior to the date set for i hearing . The applicant or license-holder as the case may be shall have the right to be represented at such hearing by counsel . Section 3 . Judicial Remedy by Circuit Court Any person aggrieved by any decision of the city commission may, within 30 days from the date of rendition of such decision, apply to the Circuit Court for the Seventeenth Judicial Circuit in j -5- Ordinance No. 20-90 i �w r` 71 f F e and for Broward County, Florida, for a review of such decision of I the city commission, which said review shall be limited to a petition at common law for a writ of certiorari . I Section 4 . License Fees The fees for a Eortunetelling, palmistry, clairvoyancy or astrology license shall be in the sum of One Thousand Dollars I i I i ($1 , 000.00) for each twelve month period or fraction thereof. i Section 5 . Bond. j i Every applicant for a fortunetelling, palmistry, clairvoyancy or astrology license shall file with the Clerk-Auditor of the City of Dania, Florida, a surety bond running to the City of Dania, Florida, in the amount of One Thousand Dollars with surety acceptable to and approved by the city commission conditioned that the said applicant, if issued a Eortunetelling, palmistry, clairvoyancy or astrology license will comply fully with all the Provisions of the ordinances of the City of Dania, Florida, and the statutes of the State of Florida and will pay all damages ` which may be sustained by any person by reason of any fraud, � I deceit, negligence or other wrongful act on the part of the i licensee, his agent or employees in the conduct of the licensee 's business. A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in its discretion in lieu of a bond. Section 6. Place of Conducting Activities . No Eortunetelling, palmistry, clairvoyancy or astrology -6- Ordinance No. 20-90 yr a y' I t 71 1 activities shall be conducted within any of the residential areas � of the City of Dania, Florida , or other areas not zoned for such i activity. ' Section 7. New Applications and Renewals. j The provisions of this ordinance shall apply to all new i applicants for occupational licenses for fortunetelling, palmistry, clairvoyancy or astrology activities and for all renewals of licenses issued for fortunetelling, palmistry, clairvoyancy or astrology activities that are in effect at the i i time of the effective date of this ordinance . i Section 8. Penalties. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction i thereof shall be fined not exceeding $500 or by imprisonment in 4 i I the county jail not exceeding 90 days , or by both such fine and imprisonment . Each violation shall constitute a separate offense i and shall be punishable as such hereunder. i Section 9. Separability. y If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance . Section 10 . Codification. The provisions of this ordinance shall be included in and -7- Ordinance No. 20-90 ,t ' F �v u incorporated in the Code of Ordinances of the City of Dania, f, P Florida, as an addition or amendment thereto, and shall be � appropriately renumbered to conform to the uniform system of the A code. E Section 11 . That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be i repealed to the extent of such conflict . Section 12 . That this ordinance shall be in force and take l; effect immediately upon its final passage and adoption. j PASSED and ADOPTED on First Reading on the 27th day of i March 1990. PASSED and ADOPTED on Second and Final Reading on the loth • day of April 1990. s MAYOR - COMMISSIONER '• ATTEST: j CITY CLERK' - AUDITOR ! APPROVED AS TO FORM AND CORRECTNESS B Y: f FRANK C. ADLER, City Attorney i i -8- i Ordinance No. 20-90 5 1 r• ,r., NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF 1 I REGARDING LAOOFiION THE SUN-TATTLER NOTICE THE FOLLOWING PROPOSED ORDINANCE NOTICE IS HEREBY GIV- Eon Ilori Tne Clly oloDanlO, Established as The Hollywood Sun - January 4, 19,95 [OOom�oresilaooe$Pose HOLLYWOOD, BROWARD COUNTY, FLORIDA alter as Ib maNer mFp be hearing will conduct o public SIP^room.Ie1'.DComm n'.CIS Hall, no W, Dania Beach Blvd., Dania. Prop- to ad.pconslin. the Prop-led e14ance of IM lollpwlnp or. STATE OF FLORIDA dlnance amwea: COUNTY OF BRO WARD ••AN 0.1 DANfE OF THE CITY OF DANIA, FLORI- REGULATION VICE Before the undersigned authority personally appeared Sybil 7. Who try FOR- TUNETELLERS, PALM- AND CLAIRVOYANT- who on oath says (he/she) is Classified Telemarketing Manager I ISTS,PROVIDING FO CLAIRVOYANTS ANCE AND REVOCATION of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward No FORNJUDICIIARORE, LICENSE FEES;PROVIDR County, Florida; that the attached copy of advertisement, being a ING FOR BOND;PROVID- ING PENALTIES: PRO. Notice Of Hearing � EFOINUSIOHM C CC V'DING FOR SEPARA ITY; PROVIDING TH BIL• AT ALL ORDINANCES OR in the matter of City of Dania PARTS OFAND L ORDINANCES RESOLUTIONS M�V y OR PARTS OF RESOLU- n the.. Comm. Room �(Xffaef/S TIONS IN CONFLICT HEREWITH BE RE- PEALED TO THE Ex• was published in said er news a in the issue of Mar. 30, 1990 TENT OF SUCH CON- p p F ORT•A IN EFFECTIVE DATE. A coot of InS pr000s•d Affiant further says that the said SUN TATTLER is a new pa p y Pace-1I is on ❑ In Ina Y p per published al Holl wood In Hotted e�lvneolliClark l' a cis said Broward County,Florida.and that the said newspaper has heretofore been continuously Blvd.. OenI., Daiaa. .Rd published in said Broward County, Florida. each week and has been entered as second class may be Ill.. III by the Public during normal work. matter at the Post office in Hollywood in said County. Florida, for a period of one year next ing hours. ,.J Inlere led varlle, may so. preceding the first publication of the attached copy of advertisement, and afflont further Fear el the alere,ald m••1• says that he has neither aid nor promised an person. firm or cot y Ing and be heard wise r•• Y p p y pe potation an discount. $Pact m me Proposed. rebate,commission or refund for the purpose of securing this advertisement for publication Any Person no decide, 1. in the said news pa r ePPeai anv decision made P by the City Commlbl. l wlln ri sp.<t to any mallet /..., considered a1 this he.Bnp (.� will Read a record It Ina -T—' Proceedings add for Such Purpose may he" SoSure Ina'.verbal m record of the the proceedings Is made, Sworn to and subscribed befnre me Hit Ue any d loci.", oc Yi, In; upon which the appal is IP 30 Oa H. mad.. this d�a y�Of A.0 19LU rs/ wand. Mullikin PUBLIC Cur Clan NOTARY PUBIJC Hs-Mean to, two u-tt (SEAL) NOTARY PUBLIC,STATE OF FLORIDA. MY COMMISSION EXPIRES:AUG.20,1993• .ohnEO THnu NOTARY pU.LIc Uh-"`w SRS.