§ 15-246. Fortune-tellers.

(a)

Every person desiring a business license to operate as a fortune-teller (as defined in chapter 6) shall first apply for and obtain a permit from the chief of police, or his designee, to conduct such activity. Nothing contained in this section shall apply to a person pretending to act as a fortune-teller in a properly-licensed theater as part of any show or exhibition presented therein or as a part of any play, exhibition, fair or show presented or offered in aid of any benevolent, charitable or educational purpose.

(b)

The permit application shall include, but not be limited to, the following:

(1)

Name, alias or nicknames, resident and business address, phone number, place and date of birth, Social Security Number, race, sex, age, height, weight, hair color and eye color.

(2)

Written authorization to conduct a background investigation of the applicant, including fingerprints and personal descriptive information for the purpose of obtaining criminal history record information, the costs of which shall be borne by the applicant. The fingerprints shall be forwarded to Virginia State Police for processing through the Central Criminal Records Exchange to the Federal Bureau of Investigation as authorized by Code of Virginia, § 15.2-1503.1. The costs of the background investigation as set by the Virginia State Police shall be paid to the treasurer of the county when the application is filed.

(3)

Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct.

(c)

The chief of police, or his designee, shall conduct an independent investigation and determine whether the statements contained in the application are true. The applicant shall also present such application to the commissioner of the revenue.

(d)

The applicant shall not be issued a permit if the county's investigation or the information furnished in compliance with this article shows that the applicant has been convicted within the last ten years from the date of the application of a felony or any other crime materially affecting the applicant's ability to conduct the permitted activity including a crime involving moral turpitude, or has been denied a permit or has had a permit revoked under any statute or ordinance similar in substance to the provisions of this article. In addition, each application shall be reviewed by the county departments charged with enforcing the business license, zoning, building, plumbing, utility, health, electric and fire prevention codes, as needed, and no permit shall be issued if the applicant's business in the county does not comply with these and any other applicable county or state laws or regulations.

(e)

The chief of police, or his designee, may revoke or suspend any permit issued pursuant to this article (i) for fraud, misrepresentation or any false statements contained in the application; (ii) upon conviction of the applicant for any felony or misdemeanor involving moral turpitude after the permit is issued; (iii) for failure to comply with the provisions of this article; or (iv) if the applicant's business fails to comply with applicable county or state laws or regulations.

(f)

If the chief of police, or his designee, revokes a permit, he shall notify the permittee in writing of such action, the reasons for the revocation, and the permittee's right to request a hearing. To receive a hearing, the permittee must make a written hearing request which must be received by the chief of police, or his designee, within ten days of the date of the revocation notice. If a timely hearing request is not received by the chief of police, or his designee, the decision shall be final. If a hearing is properly requested, it shall be held within ten days from receipt of the hearing request. The hearing shall be presided over by the chief of police or his designee. The permittee shall have the right to present evidence and argument or to have counsel do so. Within a reasonable time after the hearing, the chief of police, or his designee, shall render his decision which shall be final. The permittee must discontinue operation of its business when the decision to revoke the permit becomes final.

(Ord. of 10-28-98, § 3; Ord. of 2-24-10(1), § 1; Ord. of 7-25-12, § (2); Ord. of 9-27-17(2))

(Ord. of 10-28-98, § 3; Ord. of 2-24-10(1), § 1; Ord. of 7-25-12, § (2); Ord. of 9-27-17(2))