4/17/1985 - Laserfiche WebLink

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APR 17 1985 I Boor C.0 F',1GF.583 Mrs. Savastano informed the Board that she has been practicing fortune telling using cards and numerology for four years and has people who keep coming back to her. Her husband, therefore, suggested she do this as a business and make some profit from it. Mrs. Savastano's main problem was the two vear residency requirement. Commissioner Wodtke asked Assistant County Attorney Jim Wilson if the residency requirement is the county's or the state's. Attorney Wilson advised that prior to 1972 the Legislature regulated most professions and occupations, but in 1972 they gave this authority to the County for almost all ptofessions. Most counties adopted the state's old statutes, which already had been through considerable litigation and had opinions issued on them. This particular statute differs from the others in that rather than allowing the Tax Collector simply to issue a license, it requires prior approval of the Board of County Commissioners. The statute requires that the person applying must be a resident of the county for two years, be a registered voter, and also be able to present character evidence from five reputable citizens of the county, but question has been raised as to the residency requirements being unconstitutional and the courts have deter- mined that any statute that would tend to inhibit a person moving state to state would be looked at very closely. Attorney Brandenburg inquired if Attorney Wilson would recommend the Board approve issuance of the license, and Attorney Wilson stated that he would advise they change the ordinance. Commissioner Wodtke asked if fortune telling is classified as a home occupation, and Planning Director Keating stated that this would not be a permissible home occupation; it would have to be in a commercial zone. Attorney Brandenburg informed the Board that he has con- tacted other counties in the state, as well as a representative 12