§ 8A-236.1. Fortunetellers, clairvoyants, etc., County permit required; penalty.

(1)

No receipt to engage in the occupation of fortunetelling or any other pursuit for which a local business tax receipt is required by Section 8A-236 shall be issued to any person unless such person holds a permit therefor given by the Clerk of the Board of County Commissioners. No permit shall be issued until after the following conditions are fulfilled:

(a)

The applicant shall have been a resident of Florida for at least two (2) years and shall be a registered voter in the County where the permit and local business tax receipt are applied for.

(b)

The applicant shall establish good moral character from not less than five (5) reputable citizens of the County.

(c)

The application, with a recent photograph of the applicant which shall become a permanent part of the permit, shall be presented to the Clerk, who shall make investigation and examination of the applicant and his or her moral character, then either issue or deny the permit.

(i)

The Clerk shall not consider a past arrest of the applicant which did not result in a conviction; provided, however, allegations which are the basis for any pending criminal charges may be considered if the charges are pending when the application is considered.

(ii)

If the applicant has had his or her civil rights restored, the Clerk shall only consider acts or omissions on the part of the applicant subsequent to the restoration of civil rights.

(iii)

In the case of subsequent applications of the same applicant, the Clerk shall only consider acts or omissions on the part of the applicant which have occurred subsequent to the date of the issuance of prior permits to the applicant.

(d)

Any applicant or other person dissatisfied with the decision of the Clerk may, within ten (10) days from the date of action by the Clerk, apply to the County Commission to review the action of the Clerk. In such event, witnesses shall be sworn and the rules of evidence applicable to quasi-judicial proceedings shall govern. The determination of the Board shall be final unless overturned by a court of competent jurisdiction.

(2)

All County law enforcement officers shall aid and assist the Clerk of the Board of County Commissioners in conducting the examination of any applicant for the permit required for this section.

(3)

Every receiptholder comprehended by this section shall at all times while engaging in the occupation for which a local business tax receipt have been issued display at the place of business both the local business tax receipt and the permit herein required. Failure or refusal so to do shall be prima facie evidence of engaging in such occupation without a local business tax receipt.

(4)

Anyone guilty of engaging in any occupation comprehended by Section 8A-236 without a receipt and the permit required by this section or who shall obtain any such permit for receipt by fraud or deceit shall, for the first offense, be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than sixty (60) days. For a second or subsequent offense, he shall be imprisoned in the State prison for not less than six (6) months nor more than two (2) years and may, in addition, be fined not to exceed five thousand dollars ($5,000.00).

(5)

This section does not apply to Christian churches who heal the sick by prayer or to regularly ordained ministers of churches who are members of Florida State Spiritualist Ministerial Association whose charters are filed in the Library of Congress and on record in the State capital in Tallahassee.

(6)

The permit required by this section and the local business tax receipt authorized by Section 8A-236 of this chapter shall be required whether the person engages in the practice within a municipality or in the unincorporated area.

(Ord. No. 77-67, § 1, 9-20-77; Ord. No. 81-80, § 2, 7-7-81; Ord. No. 06-191, § 2, 12-19-06)

Annotation— CAO 80-35.