Ord 0353-PROHIBITING THE BUSINESS, ART OR PRACTICE OF FORTUNE TELLING_..Ndk OL 4
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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
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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.
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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 -
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MAYO 0 OWN OF S GATOS
ATTEST-.
CLERK OF TE TOvIN OF LOS GATOS
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