Note: Prior ordinance history: Prior code § 18-17.
"Fortunetelling"
as used in this section shall include the profession, business or art of astrology, palmistry, phrenology, life-reading, fortunetelling, cartomancy, clairvoyance, crystal gazing, mediumship, spirit photography, spirit writing, spirit voices, spirit materialization, etherealization, prophecy, augury, divination, magic, necromancy, fortunetelling by handwriting analysis, or other similar profession, business or art.
(Ord. 88-O-107 § 1, 1988)
(a) 
The provisions of this chapter shall not apply to any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought conveyance, or the giving of horoscopic readings, at public places and in the presence of and within the hearing of other persons and at which no questions are answered, as part of such entertainment, except in a manner to permit all persons present at such public place to hear such answers, when not conducted in connection with the business of telling fortunes. Nothing in this section, however, shall be construed as exempting any such person from the payment of the applicable permit fee, if any, required to be paid by the provisions of this code.
(b) 
No person shall be required to pay any fee or take out any license for conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer or clairvoyant from any bona fide church or religious association maintaining a church and holding regular services and have a creed or set of religious principles that is recognized by all churches of like faith; provided, however, that fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious associations; provided further, that the person holding a certificate of ordination from such bona fide church or religious association, as set forth in this section shall, before practicing the profession specified in this chapter, file with the license and tax collector a certified copy of his certificate of ordination with his name, age and street address in this city where he intends to carry on the activity. Additionally, the church must submit proof of tax exempt status at the time of application. Such bona fide church or religious association, as defined in this section, may, however, pay to its ministers, missionaries, mediums or workers a salary or compensation based upon a percentage basis; provided, that the agreement between the church and the minister, missionary, medium or worker, is embodied in a resolution and transcribed in the minutes of such church or religious association.
(Ord. 88-O-107 § 1, 1988)
(a) 
No person shall conduct, engage in, carry on, or practice fortunetelling for gain or pay, or operate a business establishment where the same is conducted, carried on, engaged in or practiced for gain or pay, without first obtaining a regulatory permit from the city.
(b) 
No person shall violate any of the terms or conditions of a permit issued pursuant to this chapter nor any of the regulations and provisions within this chapter. Each day such violation or violations occur shall constitute a separate offense.
(Ord. 88-O-107 § 1, 1988)
The fees required to be paid pursuant to this chapter shall be set by ordinance or resolution of the city council.
(Ord. 88-O-107 § 1, 1988)
Application for a permit to engage in fortunetelling shall be made to the license and tax collector on forms provided by the license and tax collector.
(Ord. 88-O-107 § 1, 1988)
The chief of police shall cause each applicant to be fingerprinted and photographed by the police department, a record of which shall be kept in the office of the chief of police. The applicant shall pay the amount set by the state for processing the fingerprints. The chief of police shall cause an investigation of each applicant to be made to determine if such applicant has committed any act that if done by a permittee would be grounds for revocation or suspension of a permit, or if such applicant has been convicted of a felony or any crime that has a substantial relationship to the permitted business.
(Ord. 88-O-107 § 1, 1988)
(a) 
Any person desiring to obtain a permit to operate a fortunetelling business shall make application to the license and tax collector. Prior to submitting such application, a nonrefundable fee established by ordinance or resolution of the city council shall be paid to the department of finance to defray, in part, the costs of investigation and report required by this article. The department of finance shall issue a receipt showing that such a permit application fee has been paid.
(b) 
The application for permit does not authorize conducting a fortunetelling business until such permit has been granted.
(c) 
Each applicant for a fortunetelling business permit shall furnish the following information:
(1) 
The full true name and any other names used by the applicant;
(2) 
The present address and telephone number of the applicant;
(3) 
The previous addresses of the applicant, if any, for a period of three years immediately prior to the date of the application, and the dates of residence at each;
(4) 
Acceptable written proof that the applicant is at least 18 years of age;
(5) 
The applicant's height, weight, color of eyes and hair, and date of birth;
(6) 
Two photographs of the applicant at least two inches by two inches, taken within the last six months;
(7) 
Business, occupation or employment history of the applicant for three years immediately preceding the date of the application;
(8) 
The business license history of the applicant, and whether such applicant, in previously operating in this or any other city, state or territory under license, has had such license revoked or suspended, the reason therefore, and the business activity or occupation subsequent to such action of suspension or revocation;
(9) 
All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions;
(10) 
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names and addresses of each of its current officers and directors, and of each stockholder holding more than 5% of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this chapter but only one application fee shall be charged;
(11) 
The name and address of the owner and lessor of the real property upon which the business is to be conducted, and a copy of the lease or rental agreement;
(12) 
Such other identification and information as the police department may require in order to discover the truth of the matters specified in this section as required to be set forth in the application.
(d) 
The applicant, if an individual, or designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the police department of the city and produce proof that the required application fee has been paid, and shall present the application containing the aforementioned and described information.
(e) 
The chief of police shall have a reasonable time in which to investigate the application and background of the applicant. The chief of police or his representative shall render a recommendation as to the approval or denial of the permit to the city administrator. The department of development services, the fire department and the Orange County health department shall inspect the premises proposed to be devoted to the fortunetelling business and shall make separate recommendations to the city administrator concerning compliance with applicable laws.
(f) 
The city administrator, after receiving the application and aforementioned recommendations, shall grant the permit if he finds:
(1) 
The required fee has been paid.
(2) 
The application conforms in all respects to the provisions of this article.
(3) 
The applicant has not knowingly made a material misrepresentation in the application.
(4) 
The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the application is a partnership, has not, within five years prior to the application filing date, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal Code Sections 314, 315, 316, 318, 647(a), 647(b), 647(d) or 647(h), or convicted in any other state for an offense which, if committed in this state, would have been punishable as one or more of the aforementioned offenses, or any crime involving dishonesty, fraud, deceit or moral turpitude.
(5) 
The applicant has not had a fortunetelling permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state within the five years prior to the date of application.
(6) 
The fortunetelling business as proposed by the applicant would comply with all applicable laws, including but not limited to, health, zoning, fire and building safety requirements and standards.
(7) 
The applicant is at least 18 years of age.
(Ord. 88-O-107 § 1, 1988)
A permit under this chapter may be denied, suspended or revoked on the grounds set forth in Section 6.08.080 of this code. Any applicant aggrieved by such denial, suspension or revocation may appeal such action in the same manner and subject to the same limitations as provided by Section 6.08.090 of this code.
(Ord. 88-O-107 § 1, 1988)