A.
The
practice of fortunetelling has historically been subject to abuse
by certain unscrupulous practitioners using the practice to commit
fraud and larceny upon clients.
B.
It is
the purpose of this chapter to regulate the practice of fortunetelling
in such a manner as to reduce the risk of fraud and larceny to clients
while allowing fortunetellers to provide their services to clients
with only minimal restrictions.
C.
The
sections of this chapter will make it more difficult for an unscrupulous
fortuneteller to commit fraud or larceny, but will not affect the
nature of the information conveyed by the fortuneteller or the manner
in which it is conveyed. These sections require only minimal expense
and effort on the part of the fortuneteller and will not, therefore,
impose any undue burden on the fortuneteller's practices.
D.
Fortunetelling
for entertainment purposes does not create the same risk of fraud
and larceny by an unscrupulous practitioner as would the practice
with an individual client because it is done with a group at a public
place for the purpose of entertaining and not to deal with the private
concerns of an individual.
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means the telling of fortunes, forecasting the future, or
furnishing any information not otherwise obtainable by the ordinary
process of knowledge, by means of any astrology, phrenology, chiromancy,
cartomancy, psychology, crystal gazing, divination, prophecy, augury,
occult or psychic powers, telepathy, clairvoyance, clairaudience,
numerology, psychometry, spirits, mediumship, tea leaves or other
such reading, seership, palmistry, necromancy, biochart, faculty,
force, mind-reading, or any other similar craft, art, science, cards,
talisman, charm, potion, magnetism, magnetized article or substance,
or magic of any kind or nature.
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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 fortunetelling permit from the permit committee.
B.
At the time of application for a fortunetelling permit, applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 5.20 of this Code. No business permit shall be issued until a fortunetelling permit is issued according to this chapter.
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A.
Nothing
in this chapter shall 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 fortunetelling at public places 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.
B.
No person
shall be required to pay any fee or take out any permit for conducting
or participating in a religious ceremony or service when such person
has been ordained as a minister, missionary, medium, healer, or clairvoyant,
hereinafter collectively referred to as "minister," by a bona fide
church or religious association maintaining a place of worship and
holding regular services and having a creed or set of religious principles
that is recognized by all of like faith, provided that the fees, gratuities
and proceeds shall be regularly accounted for and paid solely to or
for the benefit of said church or religious association. Any individual
wishing to be excepted from the requirement of a permit under this
chapter pursuant to this subsection shall file with the business license
official a copy of his or her certificate of ordination and provide
his or her name, age, street address and phone number, and the location
in the City where the activity set forth in this section is to be
conducted.
C.
This
chapter shall not apply to any activity or profession duly certified
or licensed by the State of California or other competent licensing
authority.
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An applicant for a permit for a fortuneteller shall provide:
A.
The
applicant's name, home and business address, home and business telephone
numbers, and driver's license number or government-issued identification
card number.
B.
A copy
of any fictitious business name statement under which the applicant
is operating or intends to operate.
C.
The
name or names under which the permittee will be identifying him or
herself to the public.
D.
Written
proof that the applicant is over the age of 18 years.
E.
Written
statements of at least two persons that the applicant is of good moral
character.
F.
Applicant's
height, weight, color of eyes and hair.
G.
Two
portrait photographs of at least two inches by two inches, taken within
two years of the application.
H.
Business,
occupation or employment history of the applicant for the three years
immediately preceding the application.
I.
Copies
of business and professional licenses of the applicant, and a statement
whether the applicant has had a permit or license for any business
or similar activity issued by this or any other city, by the County,
or by the State revoked or suspended, the reason therefor and the
business activity or occupation subsequent to such action or suspension
or revocation.
J.
The
record of all convictions for violation(s) of the law, except for
minor traffic violations, and the reasons therefor.
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No permittee or persons required by Section 5.38.020 of this chapter to obtain a permit shall hire or employ a fortuneteller unless that person possesses a valid permit under Section 5.38.020.
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No holder of a permit under this chapter shall conduct or operate
a fortunetelling establishment, or engage in any activity requiring
a permit under this chapter, between the hours of 10:30 p.m. and 7:00
a.m. of any day.
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If a permit is issued, it shall be issued after the payment
of required fees, and after the applicant has posted a surety bond
with the license clerk in the principal sum of $10,000 executed as
surety by a good and sufficient corporate surety authorized to do
surety business in the State of California. The form of the bond shall
have been approved by the City Attorney. The bond shall be to ensure
good faith and fair dealing on behalf of the applicant and is a guarantee
of indemnity for any and all loss, damage, theft or other unfair dealings
suffered by any patron of the applicant within the City during the
term of the permit. Alternatively, a cash bond may be posted.
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A.
A fortunetelling permit under this chapter shall be approved upon provision of all information required by Section 5.38.050, unless any of the grounds for denial listed below exist.
B.
A fortunetelling
permit under this chapter may, after hearing before the permit committee,
be denied or revoked on any of the following grounds:
1.
The
business is, or has been, a public nuisance.
2.
The
applicant, the applicant's agent or employee, or any person connected
or associated with the applicant as partner, director, stockholder
or manager has committed or abetted in the commission of any crime
involving prostitution, fraud, theft, any offense involving the use
of violence upon the person of another, an offense involving the use
or possession of dangerous drugs or narcotics, or any offense involving
moral turpitude.
3.
The
operation as proposed by the applicant does not comply with all applicable
laws, including but not limited to the City's building, zoning, health
and sign regulations.
4.
The
applicant has willfully made false statements on the permit application.
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A copy of the fortunetelling permit issued to the permittee
shall be posted in a conspicuous place on the premises described in
the permit. It shall contain an endorsement indicating that the City
by issuing the permit neither condones nor endorses the activity of
fortunetelling.
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If any provision or clause of this chapter or any application
of it to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of this chapter
which can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are declared to be
severable.
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