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Ord 0353-PROHIBITING THE BUSINESS, ART OR PRACTICE OF FORTUNE TELLING_..Ndk OL 4 • ORDINANCE NO. AN ORDINANCE OF THE TOWN OF LOS GATOS PROHIBITING THE BUSINESS, ART OR PRACTICE OF FORTUNE TELLING, CLAIRVOYANCE, ET CETERA, AND PROVIDING PENALTIES FOR THE ETIOLATION THEREOF. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1, It shall be unlawful for any person, firm or corporation to exhibit, engage in or conduct in the Town of Los Gatos, for a fee or other compensation or remuneration or any representative of value or other consideration whatsoever, the business, art or practice of astrology, palmistry, phrenology, life-reading, fortune telling, cartomancy, clairvoyance, clair- audience, crystal-gazing, mediumship, prophecy, augury, divina- Lion, mind-reading, or necromancy. Section 2. It shall be unlawful for any person, firm or corporation within the Town of Los Gatos to advertise by signs, circular, handbill or in any newspaper, periodical or other publication, or by any other means, that said person, firm or corporation is or will engage in or carry on any of the businesses, arts or practices set forth in Section 1,of this Ordinance, or to advertise to find or restore lost or stolen property, to locate oil wells or other ore or metal or natural product, to unite or locate lost relatives or friends, for or without pay, by means of occult or psychic powers, faculties or forces, clairvoyance, psychology, psychometry, spirits, mediumship, seership, prophecy, astrology, palmistry, necromancy, or other craft, science, cards, talismans, charms, potions, magnetism or magnetized articles or substances, oriental mysteries or -1- magic of any kind or nature, or numerology or to engage in or carry on any business, art or practice the advertisement of which is prohibited: by this section. Section -3. This ordinance shall not apply to any clergyman, minister, pastor, rector or missionary accredited to or ordained by any church, ecclesiastical corporation or religious organiza- tion duly organized and incorporated under the laws of any state or territory of the United States of America, and while such person is engaged in ministering to, or conducting religious worship or offices of such church, ecclesiastical corporation or religious organization, provided that the fees, gratuities, emoluments, or profits from the same, shall be paid solely to or for the benefit of said church, ecclesiastical corporation or religious organization: provided further that any church or religious organization which is organized for the primary pur- pose of conferring certificates of commission, credit or ordina- "ion for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief, shall not be deemed to be a bona fide church or religious organization. Section 4, Any person, firm or corporation to whom a license has been issued by the Town of Los Gatos to exhibit, engage in, or conduct in this Town any of the businesses, arts, or practices specified in Section 1 shall, on and after the effective date of this ordinance and upon making application to the Town Council, be entitled to a pro rata refund of the amount paid by said licensee for such license in the proportion that the period of time between the effective date of this Ordinance and the date of expiration of such license bears to the period for which such license was originally issued and provided further that such application is made within 90 days of the effective date of this ordinance. Section 5. If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall nos affect the validity of the remaining portions of this ordinance. The Tots, Council hereby declares that it would have passed this ordinance and each section, sub-section, sentence, clause and phrase hereof, irrespective of the fact that any one -or more sections, sub-sections, sentences, cla:ases, or phrases be declared invalid. Section 6e Any person, firm, or corporation, ivhether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than x'500.00 or by imprison- ment in the County Jail of the County of Santa Clara for a term not. exceeding 6 months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed or continued by such person, firm or corporation, and shall be punishable as herein provided. Section 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section S. This ordinance shall be in full force and effect from 'end after the expiration of 30 days from the date of its final passage. Section 9. This ordinance shall be published once in the Los Gatos Daily Times, a newspaper of general circulation printed and published in the Town of Los Gatos. - 3- i The above and foregoing Ordinance was duly and regularly in-rod?aced at a continued regular meeting of the Town Council of the Town of Los GatosP held on the 24th day of February, 1953, and was thereafter at a regular meeting held on i,a.rch 2, 1953, . duly and regularly adopted by the following vote: AYES: COUNCIIIIIEN NOES: COUNCILMEN ABSENT: COUNCILMEN - r~- i MAYO 0 OWN OF S GATOS ATTEST-. CLERK OF TE TOvIN OF LOS GATOS 4-