City of Chesapeake

Office of the City Attorney 306 Cedar Road Chesapeake. Virginia 23322 (757) 382-6586 Fax (757) 382-8749 July 7, 2020

To: The Honorable Mayor West, Vice-Mayor de Triquet and Members of the City Council

Re: AN ORDINANCE AMENDING SECTION 18-76, AND SECTIONS 19-251 THROUGH 19-254 OF THE CHESAPEAKE CITY CODE, TO BROADEN THE PRACTICES REGULATED BY A PERMIT, TO DESIGNATE THE CHIEF OF POLICE, OR DESIGNEE, FOR PURPOSES OF ISSUING THE REQUIRED PERMIT, AND TO CLARIFY THE PERMITTING PROCESS.

The above-referenced proposed ordinance has been placed on the July 14, 2020, City Council agenda. This amendment is the result of collaboration among several City offices and departments, including the City Manager's Office, my office, Zoning, Planning, Police, the Treasurer, and the Commissioner of the Revenue.

The impetus for this ordinance amendment is two-fold. First, the Commissioner of the Revenue noted that practitioners of attempt to avoid the permitting process by characterizing their business activity as something other than fortunetelling or clairvoyance, which the original ordinance regulated. Therefore, this amendment proposes to broaden the pseudoscience practices the City regulates to ensure consistency and fairness among licensed businesses and to preserve the safety of citizens. Second, the City Manager has expressed a desire limit his role in the permitting process to cases of appeal. This ordinance designates the Chief of Police as the authority for issuing the required permit.

If you have questions, or I may provide any additional information, I would be pleased to do so.

With best regards, I am

"The City of Chesapeake adheres to the principles of equal employment opportunity. This policy extends to on programs ond services supported by the City. · JPS:jhp Enclosure Cc: Christopher M. Price, City Manager Sandy Madison, City Clerk Frank X. King, Commissioner of the Revenue Barbara Carraway, Treasurer Kelvin L. Wright, Chief of Police Jaleh Shea, Planning Director John King, Zoning Administrator Melissa A. Hamann, Assistant City Attorney AN ORDINANCE AMENDING SECTION 18-76, AND SECTIONS 19-251 THROUGH 19-254 OF THE CHESAPEAKE CITY CODE, TO BROADEN THE

PSEUDOSCIENCE PRACTICES REGULATED BY A PERMIT, TO DESIGNATE 1 THE CHIEF OF POLICE, OR DESIGNEE, FOR PURPOSES OF ISSUING THE REQUIRED PERMIT, AND TO CLARIFY THE PERMITTING PROCESS.

WHEREAS, the Council of the City of Chesapeake finds the public necessity,

convenience, and general welfare so requires;

BE IT ORDAINED by the Council of the City of Chesapeake, Virginia that Chapter

18 of the Chesapeake City Code, entitled "Business Licenses," Article II, entitled

"Classifications of Business," Division 1, Section 18-76, and Chapter 19 of the Chesapeake

City Code, entitled "Business Regulations," Article V, entitled "Palmistry, Fortunetelling,"

Division 2, Sections 19-251 through 19-254, be amended and reordained as follows:

Sec. 18-76. - Fortunetelling; clairvoyance; pseudosciences license.

Any person who, for compensation, shall tell fortunes, assumes to act as a clairvoyant~

medium, or , or to practice , , ,

, palmistry1 ef , or any other similar pseudoscience within the city shall

pay a license tax of $500.00. Such license shall not be proratable or transferable. Any person

who for compensation shall engage in one or more of the practices described in this section

without the license required shall be guilty of a class 3 misdemeanor. No such license shall be

issued unless or until the person applying for same has obtained an annual permit from the

eity maRagerchief of police, or designee1 as required by section 19~251 of this Code.

Sec. 19-251.- RequiredPermit required.

No license shall be issued by the commissioner of revenue for a person to tell fortunes

or to act as a clairvoyant, medium, or psychic. or to practice astrology, extrasensory

City Attorney's Office perception. parapsychology, palmistry, phrenology.s. or kaRdwritiRg aRalysisgraphology, or City of Chesapeake Municipal Center 306 Cedar Road Chesapeake, Virginia 23322 (757) 382-6586 Fax: (757) 382-8749 any other similar pseudoscience within the city unless and until a permit to tell fortunes, to act

as a clairvoyant, medium. or psychic, or to practice astrology, extrasensory perception.

parapsychology, palmistry, phrenology~ or handwriting analysisgraphology, or any other

similar pseudoscience within the city shall be issued as provided in this division.

Sec. 19-252. - Application.

Any person desiring to obtain a license to tell fortunes, act as a clairvoyant, medium,

or psychic, or to practice astrology, extrasensory perception, parapsychology, palmistry,

phrenology~ or handwriting analysisgraphology, or any other similar pseudoscience shall first

make a written application to the city rnaA:ager chief of police. or designee. for an annual

permitto tell fert\:lnes, aet as a clairvoyant or praetiee palmistry, phrenology or haRdwritiRg

analysis, which application shall contain the following information:

(I) The place where the proposed business is to be located.

(2) The name and address of all persons who are or who will be the owners,

operators and managers of the proposed business, together with the names and

addresses of all persons having a financial interest in such business, including

stockholders, lienholders or partners.

(3) If the owner or operator is a corporation, then such application shall set forth

the true or equitable owners of the stock of such corporation and the name of the

registered agent and the address of the registered office of the corporation.

The application will also be reviewed by the zoning administrator for compliance with the

city's Zoning Ordinance, and the police department for verification of the good character and

honest demeanor of the applicant as per § 19-253 of this division. If a conditional use permit City Attorney's Office City of Chesapeake Municipal Center 306 Cedar Road Chesapeake, Virginia 23322 2 (757) 382-6586 Fax: (757) 382-8749 is required. an application for the conditional use permit must be filed with the planning

department.

Sec. 19-253.- Issuance.

A permit required in this division shall be granted by the chief of police, or designee. to any

person:

(1) Upon certification from the zoning administrator that the application complies

with the city's Zoning Ordinance; and

(2) Upon proof of the issuance of a conditional use permit, if required; and

.Ql_Upon a certification by the chief of police, or designee, that such person has

appeared at police headquarters and has been photographed, has had fingerprints 1

taken~ and has presented a certificate signed by five persons that such person is of

good character and honest demeanort. and that a criminal history background

check of the person shows no felony convictions or any convictions involving a

crime of moral turpitude; and

~ When the chief of police has been satisfied from the information furnished

or from an independent investigation made by the ElepartmeRt efpolice department '

that the statements contained in the application and certificate required in this

division are true; and

f3jffi Upon payment of a permit fee in the amount of $200.00 per annum. Such

permit fee shall not be proratable or transferable.

Any applicant aggrieved by a decision of the chief of police, or designee. may appeal

to the city manager for review of the decision.

City Attorney's OffiCe City of Chesapeake Municipal Center 306 Cedar Road Chesapeake, Virginia 3 23322 (757) 382-6586 Fax: (757) 382-8749 Sec. 19-254.- Revocation.

Upon the violation of any of the provisions of this article or upon a showing that the holder of

a permit required under this division has been convicted of a felony or has any conviction for

a crime of moral turpitude or is not a person of good character and honest demeanor, the eity

fl'laaager chief of police, or designee, shall have the right to revoke the permit after due

hearing, such hearing being held not less than five days after notice in writing to the holder of

the permit. Such notice shall be sent by registered mail to the address given by the holder of

the permit when applying for such permit. Nothing contained in this section shall preclude

any other remedy allowed by law.

ADOPTED by the Council of the City of Chesapeake, Virginia, this 141h day of July,

2020.

APPROVED:

Mayor

ATTEST:

Clerk of the Council

1 APPROVED AS TO FORM:

City Attorney's Office City of Chesapeake Municipal Center 306 Cedar Road Chesapeake, Virginia 23322 4 (757) 382-~586 Fax: (757) 382-8749