Chapter 5.60
FORTUNETELLING
Sections:
5.60.020 Posting of information and fees; regulation of fees.
5.60.030 Accepting money other than lawful fees.
5.60.050 Compliance with planning and zoning requirements.
5.60.010 Definitions.
For pay. As used in this article, “for pay” shall mean for a fee, reward, donation, offering, loan, salary, remuneration, or receipt of anything of value.
Fortunetelling. As used in this article, “fortunetelling” means any act or practice whereby a person purports to influence future events through any technique such as astrology, palmistry, phrenology, lifereading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, spirit photography, spirit voices, spirit materialization, etherealization, prophesy, augury, divination, magic, necromancy, numerology, mesmerism, physiognomy, psychometry, seership, or character reading, or by handwriting analysis or other similar business or art.
(Code 1965, § 4211; Code 2002, § 18-181. Ord. No. 981; Ord. No. 85-1; Ord. No. 85-2)
Cross references: Definitions generally, § 1.05.100.
5.60.020 Posting of information and fees; regulation of fees.
(a) Posting of information and fees required. Each person engaged in the practice of fortunetelling within the city shall post, on his business premises, a sign containing the following information:
(1) The true name of the fortunetelling practitioner;
(2) The services provided by the fortunetelling practitioner;
(3) The fees charged for each service provided by the practitioner;
(4) The statement: “By law, this business is prohibited from soliciting any remuneration, payment, or fee beyond these established rates.”
(b) Location of sign. The sign required by this section shall be prominently posted in the interior of the business premises at a point near the entry to the business premises and shall be conspicuously visible to every person seeking the services of the fortuneteller. The sign lettering shall be of uniform size, with each letter at least one-half inch in height.
(c) Information card. If the fortunetelling is provided at some place other than the fortuneteller’s permanent place of business, the fortuneteller shall provide the information required by this section on a card of sufficient size to include all such required information in at least 14-point boldface type. The card shall also include the permanent business or residence address of the fortuneteller. Such card shall be provided to each client prior to providing any fortunetelling services.
(d) Regulation of fees. No person shall charge any fee for fortunetelling services in excess of the fees set forth on the sign or card required under this section.
(Code 1965, § 4214; Code 2002, § 18-182. Ord. No. 85-2)
5.60.030 Accepting money other than lawful fees.
(a) No person engaged in the practice of fortunetelling shall accept any money from a client or customer and keep such money, either temporarily or permanently, other than lawfully posted fees.
(b) No person engaged in the practice of fortunetelling shall, in connection with such practice, demand, request, or suggest that a client or customer deliver money to any associate of the fortuneteller, to be kept either permanently or temporarily by such associate, other than lawfully posted fees.
(c) This section shall not be construed to prevent a practitioner from accepting a gratuitous tip, given voluntarily by the client or customer out of satisfaction with the services provided.
(Code 1965, § 4215; Code 2002, § 18-183. Ord. No. 85-2)
5.60.040 Exceptions.
(a) The provisions of this article shall not apply to any person solely by reason of the fact that he 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.
(b) No person shall be required to pay any fee or take out any permit for conducting or participating in any religious ceremony or service when such person holds a certificate of ordination 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, on demand, file with the Chief of Police a certified copy of the minister’s certificate of ordination with the minister’s name, age, street address, and phone number in this city where the activity set forth in this 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.
(Code 1965, § 4216; Code 2002, § 18-184. Ord. No. 981; Ord. No. 85-1; Ord. No. 85-2)
5.60.050 Compliance with planning and zoning requirements.
Fortunetellers as defined herein shall comply with all applicable planning and zoning regulations as determined by the Chief of Planning.
(Code 1965, § 4217; Code 2002, § 18-185. Ord. No. 97-10)