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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.