The purpose and intent of the Stanislaus County board of supervisors in amending this chapter is to protect the health, welfare, and safety of the public at large and patrons of fortunetelling establishments by ensuring that the services provided by those establishments are, to the greatest extent possible, free from fraud, corruption, vice, trickery, and other criminal influences. It is also the purpose and intent of the board of supervisors to minimize the impact upon residential neighborhoods and agricultural property that may be caused by concentrations of fortunetelling establishments in such areas. Therefore, fortunetelling establishments will only be allowed in the following zoning categories: neighborhoods commercial district (C-1) and in the general commercial district (C-2). This will assure that such establishments are located in areas designed to serve broader portions of the community, minimize land use impacts, and assure consistency with the county general plan.
(Prior code §4-60; Ord. CS 222 §1, 1987)
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. 
"Applicant" means a person who is required to file an application for a permit under this chapter, including a fortuneteller individual owner, managing partner, managing officer of a corporation, or any other operator, manager, or employee of a fortunetelling establishment.
B. 
"For pay" means a fee, reward, donation, loan, or receipt of anything of value.
C. 
"Fortunetelling" means telling of fortunes, forecasting of fortunes, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge by means of any occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves, or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries, or magic of any kind or nature.
D. 
"Fortunetelling establishment" means any establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities defined in subsection C of this section.
E. 
"Fortuneteller" means any person who, for any consideration whatsoever, engages in the practice of fortunetelling as herein defined unless otherwise excepted.
F. 
"Person" means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
(Ord. CS 222 §2, 1987)
A. 
It shall be unlawful and a misdemeanor for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on in or upon any premises in the county the operation of a fortunetelling establishment without first having obtained a permit from the county as required in this chapter. A fortunetelling establishment permit shall include the right of the individual permittee to practice fortunetelling at such an establishment.
B. 
It shall be unlawful and a misdemeanor for any person to act as a fortuneteller in the county without first having obtained a permit from the county as required in this chapter.
C. 
It shall be unlawful and a misdemeanor for any person to act as a fortuneteller in other than a duly licensed fortunetelling establishment.
(Ord. CS 222 §3, 1987)
A. 
Every person who proposes to maintain, operate, or conduct a fortunetelling establishment in the county shall file an application with the sheriff's office upon a form provided by the county and shall pay a filing fee of one hundred sixty-five dollars which shall not be refundable and which may be amended by the board of supervisors from time to time by resolution and which shall be on file with the clerk/manager of the board of supervisors and the sheriff's office.
B. 
Every person who proposes to engage in the practice of fortunetelling shall file an application with the sheriff's office upon a form provided by the county and shall pay a filing fee of thirty-five dollars which shall not be refundable and which may be amended by the board of supervisors from time to time by resolution and which shall be on file with the clerk/manager of the board of supervisors and the sheriff's office.
C. 
A permit when issued shall state whether it is for a fortunetelling establishment or for a fortuneteller.
D. 
The sheriff's office shall require an applicant to have his or her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant.
(Ord. CS 222§4, 1987)
A. 
The sheriff's office shall issue all permits after the application therefor has been reviewed and approved. For good cause the sheriff's office may refuse, revoke, or suspend a permit for a fortunetelling establishment or for any applicant or permittee and shall set forth reasons for its action which shall be set forth fully in writing and delivered to the applicant or permittee.
B. 
Whenever it appears to the sheriff's office that an applicant should be denied or that a permittee is in violation of any of the provisions of this chapter, it shall have the authority to deny the application or to summarily suspend the permit. The suspension order shall also constitute notice of proposed revocation.
1. 
The applicant or permittee shall be notified that he or she shall have ten days from the date of such notice to request in writing a hearing before the sheriff's office or its designee to appeal the permit denial or to determine whether the permit should be revoked. If the applicant or permittee fails to request in writing such hearing before the sheriff's office within said period, the application will be deemed denied or the permit may be revoked.
2. 
Any person who operates a fortunetelling establishment or practices fortunetelling after denial of an application, summary suspension of a permit, or after revocation of a permit is guilty of a misdemeanor.
3. 
Any applicant or holder of a permit whose application is denied or whose license is revoked under this chapter shall have the right, after receiving notice in writing of the denial or revocation, to file a written appeal to the board of supervisors.
(Ord. CS 222 §5, 1987)
Permits issued under the provisions of this chapter shall be valid for a period of one year from the date of issuance and may be renewed annually.
A. 
An application for the renewal of a fortunetelling establishment permit shall be accompanied by a filing fee of eighty-five dollars which shall not be refundable and which may be amended from time to time by the board of supervisors by resolution and which shall be on file with the clerk/manager of the board of supervisors and the sheriff's office.
B. 
An application for the renewal of a fortuneteller permit shall be accompanied by a filing fee of twenty dollars which shall not be refundable and which may be amended from time to time by the board of supervisors by resolution and which shall be on file with the clerk/manager of the board of supervisors and the sheriff's office.
C. 
All applications for renewal shall be referred to the sheriff's office who may require an applicant to have his or her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant.
(Ord. CS 222 §6, 1987)
Upon the sale or transfer of a fortunetelling establishment, the permit therefor shall be null and void; provided, however, that upon the death or incapacity of the permittee, a fortunetelling establishment may continue in business for a reasonable period of time, not to exceed three months, to allow for an orderly transfer of the business. No permittee shall operate under any name or conduct his or her business under any designation or at any location not specified in the permit. Any fortuneteller may have a valid and unexpired permit transferred for use at any other fortunetelling establishment upon written application to the sheriff's office accompanied by a non- refundable thirty-five dollar transfer fee. All persons operating a fortunetelling establishment must notify the sheriff's office within thirty days of a relocation of such fortunetelling establishment.
(Ord. CS 222 §7, 1987)
A. 
No fortunetelling establishment or any portion of a building in which the fortunetelling establishment is located shall be used for residential or sleeping purposes.
B. 
Fortunetelling establishments may be open for operation only between the hours of seven a.m. and 12:01 a.m., inclusive, of each day or as otherwise permitted by applicable zoning regulations.
C. 
No fortunetelling establishment shall be located closer than one thousand feet to any other licensed fortunetelling establishment.
D. 
No person engaging in fortunetelling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortuneteller.
(Ord. CS 222 §8, 1987)
Every permittee of a fortunetelling establishment must maintain a register of all fortunetellers employed on the premises. Such register shall be available for inspection during regular business hours by any sheriff's deputy of the county.
(Ord. CS 222 §9, 1987)
Every fortunetelling establishment shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such establishment in a conspicuous place so that the same may be readily seen by all persons entering the establishment.
(Ord. CS 222 §10, 1987)
Every permittee of a fortunetelling establishment shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the fortunetelling establishment, printed in bold letters not less than one inch in height, listing the services available and the rates to be charged therefor. No services shall be performed and no sums shall be charged for such services other than those shown on the sign posted.
(Ord. CS 222 §12, 1987)
The sheriff's office shall from time to time cause an inspection to be made of the premises of each fortunetelling establishment in the county for the purpose of determining compliance with the provisions of this chapter.
(Ord. CS 222 §13, 1987)
It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of a fortunetelling establishment to employ any person who is not in possession of a valid, unrevoked permit to practice fortunetelling within a fortunetelling establishment.
(Ord. CS 222 §14, 1987)
All persons who possess an outstanding business license heretofore issued for the operation of a fortunetelling establishment must apply for and obtain a permit within ninety days of the effective date of this chapter. Failure to do so and continued operation of a fortunetelling establishment or continued employment as a fortuneteller of such an establishment without a permit shall constitute a violation of this chapter.
(Ord. CS 222 §15, 1987)
A. 
The provisions of this section 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 an 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.
B. 
No person shall be required to pay any fee or take out any permit for conduct or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant or when such person is studying under, receiving instruction, or operating under the direction of a person holding a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant, hereinafter collectively referred to as a minister, from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles that is recognized by all churches of like faith; provided, that:
1. 
Except as provided in subsection 3 hereof, the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association as defined in this subsection B.
2. 
The minister holding a certificate of ordination from such bona fide church or religious association as defined in this subsection B shall post such certificate on location and show such certificate on demand by any person or deputy sheriff where this activity set forth in subsection B is to be conducted.
3. 
Such bona fide church or religious association as defined in this subsection B may pay to its ministers a salary or compensation based upon a percentage basis pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.
(Ord. CS 222 §16, 1987)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The board of supervisors declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
(Ord. CS 222 §17, 1987)
A violation of any provision of this chapter shall be punishable as an infraction except where provisions of this chapter specifically make such violation a misdemeanor.
(Ord. CS 222 §18, 1987)