Chapter 5.30
FORTUNETELLING ACTIVITIES
Sections:
5.30.030 Exemption—Religious practice.
5.30.080 Right to record session.
5.30.010 Definitions.
As used in this chapter:
(a) “Fortunetelling” means the telling of fortunes or forecasting of futures in exchange for a fee, reward, donation, loan or receipt of anything of value. Fortunetelling shall include uses where fortunes are told by means of astrology, phrenology, cartomancy, tea reading, clairvoyance, clairaudience, crystal gazing, hypnotism, mesmerism, mediumship, palmistry, spirits, etherealization, numerology, physiognomy, psychometry, seership prophecy, augury, divination, magic, necromancy, talisman, charm, potion, magnetism, magnetized article or substance of any kind or nature. Fortunetelling does not include forecasting based on historical trends or patterns, an analysis of contemporary events, nor any of the previously listed arts when presented in an assembly of people who purchase tickets or meals in exchange for the presentation at a site licensed for entertainment land uses.
(b) “Person” includes any individual, partnership, corporation, association of persons or entity.
(c) “Police department” means the law enforcement agency of the city. (Ord. 645 § 4 (part), 1986)
5.30.020 Prohibited acts.
No person shall conduct, engage in, carry on, participate in or practice the business of, or art of fortunetelling or cause the same to be done without having first obtained a permit from the director of community development and without having posted and maintained in full force and effect a surety bond as required in Section 5.30.070. (Ord. 770 § 1 (part), 1996; Ord. 645 § 4 (part), 1986)
5.30.030 Exemption—Religious practice.
No person shall be required to pay any fee or obtain a permit for exercising any religious function or practice when such person holds a certificate of commission, accreditation or ordination as a minister, missionary, clergyman or accredited representative (hereinafter collectively referred to as minister) from any bona fide church or religious association having a creed or set of religious principles that are recognized by all churches or religious associations of like faith. Any church or religious association which is organized for the primary purpose of conferring certificates of commission, accreditation or ordination for a price and not primarily for the purpose of teaching and practicing of religious doctrine or belief, shall not be deemed to be a bona fide church or religious association. This exemption applies provided that:
(a) The fees, 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 above; however; such bona fide church or religious association may pay its ministers a salary or compensation based upon a percentage basis, pursuant to a written agreement between the church and the minister.
(b) The minister shall file with the director of community development a declaration of the minister’s name, address and telephone number in this city where the religious function or practice is to be conducted. (Ord. 770 § 1 (part), 1996; Ord. 645 § 4 (part), 1986)
5.30.040 Permit application.
Every person prior to conducting, engaging in, carrying on or practicing fortunetelling shall file a verified application for a permit with the director of community development. The application shall be accompanied by a nonrefundable processing fee in the sum of seventy-five dollars. The application shall be in a form prescribed by the director of community development and shall contain, at a minimum, the following:
(a) The legal name of the applicant accompanied by appropriate proof of such legal name;
(b) Any other name or names to be used as part of the business or practice;
(c) The applicant’s home address and phone number and, if known, business address and phone number;
(d) The record of conviction of violations of law, excluding minor traffic violations, of the applicant;
(e) The fingerprints of the applicant on a form provided by the police department;
(f) Two one and one-half inch by one and one-half inch photographs of the applicant;
(g) The address, city and state, and approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others. (Ord. 770 § 1 (part), 1996; Ord. 645 § 4 (part), 1986)
5.30.050 Investigation.
(a) Upon filing the application, it shall be referred by the director of community development to the police department for investigation and report. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The police department shall determine whether the applicant has ever been convicted of a crime other than a minor traffic violation. A written report of the police department’s findings shall be filed with the director of community development. A copy thereof shall be served by mail or personally on the applicant.
(b) For purposes of this section or any other provisions of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. The record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. (Ord. 770 § 1 (part), 1996; Ord. 645 § 4 (part), 1986)
5.30.060 Issuance of permit.
(a) The director of community development shall approve the issuance of the permit if he makes all of the following findings:
(1) All information contained in the application and supporting data is true and correct;
(2) The applicant has not within the previous two years been convicted of any violation of this chapter, or any law relating to fraud, theft, or moral turpitude; and
(3) The applicant agreed to abide by and comply with all conditions of the permit and this chapter.
(b) If the permit is denied, a notice of denial, stating the reasons there for, shall be served upon the applicant either by personal service or registered or certified mail, return receipt requested.
(c) If the director of community development approves the permit, he shall thereafter issue the permit when:
(1) The fee required by Section 5.04.260 has been paid;
(2) The applicant has posted with the city clerk a surety bond as set forth in Section 5.30.070.
(d) The term of the permit shall not exceed one year A renewal application shall be processed in the same manner as a new application.
(e) The director of community development, at his discretion, may grant a permit for a period of less than one year and may impose reasonable conditions upon the granting of said permit as, in the discretion of the director of community development, based upon the application, the report and any other evidence received, are necessary for the protection of the public health, safety and welfare. (Ord. 770 § 1 (part), 1996; Ord. 645 § 4 (part), 1986)
5.30.070 Bond requirement.
(a) Prior to the issuance of a permit, the applicant shall file and thereafter maintain with the city a good and sufficient surety bond in the aggregate sum of ten thousand dollars. Said bond shall be executed, as surety, by a corporate surety in good standing and authorized to do business in the state of California and, as principal, by the applicant and shall run in favor of, in the name of, or payable to any and all persons who may be injured or aggrieved by the wrongful act or acts of the applicant in his capacity as a fortuneteller. Any person so injured or aggrieved may bring suit on the bond in his own name. Said bond shall be in a form, approved by the city attorney. The bond shall, by its terms, insure good faith and fair dealing on the part of the applicant and as 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.
(b) The bond shall be continuous in form, remain in full force and effect, and run concurrently with the permit period of any and all renewals. The surety may cancel the bond and be relieved of further liability thereunder by delivering thirty days written notice to the city. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termination of the thirty day period. If a bond is cancelled, the permit shall be deemed suspended until such time as a new bond is provided. (Ord. 645 § 4 (part), 1986)
5.30.080 Right to record session.
As a term of the permit issued, permittee, its employees, agents and representatives shall grant and allow any patron the right and privilege to record, by any reasonable means, the audio and/or visual portion of a private or semi-private fortunetelling session or meeting. Any interference with or refusal to allow the patron’s right to record said meeting shall be grounds for revocation of the permit as set forth in Section 5.30.090. (Ord. 645 § 4 (part), 1986)
5.30.090 Revocation.
(a) Any permit issued under the terms of this chapter may be revoked at any time by the director of community development, after a hearing, due notice of which shall be furnished the permittee, if he finds that the permittee breached any term or condition in this chapter or in the issued permit. After hearing all evidence and testimony the director of community development shall have the power to either revoke the permit or impose reasonable conditions on the continued use under the permit which are necessary for the protection of the public’s health, safety and welfare. The added conditions may include, among other things, increasing the bond requirement to a sum greater than ten thousand dollars.
(b) Notice of the revocation of permit or added conditions, stating the reasons therefor, shall be served upon the permittee either by personal service or registered or certified mail, return receipt requested. (Ord. 770 § 1 (part), 1996; Ord. 645 § 4 (part), 1986)
5.30.100 Appeal to council.
(a) A written appeal may be made to the city council from any decision or determination of the director of community development made pursuant to Sections 5.30.060 and 5.30.090.
(b) The written appeal shall be filed with the city clerk within fifteen days following the service upon the applicant or permittee of a notice of denial or revocation of permit or added conditions to the permit.
(c) Upon receipt of a written appeal from the applicant or permittee, the city clerk shall schedule a hearing thereon before the city council at the earliest practicable date and shall give notice of the time and place of hearing to the permittee either by personal service or registered or certified mail, return receipt requested. (Ord. 770 § 1 (part), 1996; Ord. 645 § 4 (part), 1986)
5.30.110 Penalty.
Every person who violates any of the terms or conditions of a permit issued pursuant to this chapter or any of the regulations or provisions within this chapter shall be guilty of a misdemeanor. Each and every day such violation or violations occur or continue shall be a separate offense. (Ord. 645 § 4 (part), 1986)