Chapter 4-24
FORTUNE-TELLING
Sections:
4-24.010 Purpose and findings.
4-24.030 Zoning and building requirements.
4-24.040 Fortune-telling permit application.
4-24.110 Additional posting requirements.
4-24.130 Client record of consultation.
4-24.170 Supersedes county ordinances.
4-24.010 Purpose and findings.
A. The practice of fortune-telling, as defined in this chapter, 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 fortune-telling in such a manner as to reduce the risk of fraud or larceny to clients while allowing fortune-tellers to provide their services to clients with only minimal restrictions.
C. The provisions of this chapter will make it more difficult for an unscrupulous fortune-teller to commit fraud or larceny, and yet, as content-neutral regulations, will not affect the nature of the information conveyed by the fortune-teller nor the manner in which that information is conveyed. These regulations require only minimal expense and effort on the part of the fortune-teller and will not, therefore, impose any undue burden on their practices.
D. Because it is done with a group in a public place, fortune-telling for entertainment purposes, as defined in this chapter, does not create the same risk of fraud or larceny by unscrupulous practitioners as would the practice with an individual client.
E. For these and other reasons, the provisions of this chapter are necessary to protect the health, safety, and welfare of the community.
(Prior code § 6-25.005)
4-24.020 Definitions.
As used in this chapter, the following terms shall have meanings as set forth below.
“For pay” means for a fee, reward, donation, loan, or receipt of anything of value, whether direct or indirect.
“Fortune-telling” means and include the telling of fortunes, forecasting of fortunes or futures, or furnishing of any information not otherwise obtainable by ordinary process of knowledge, by means of any occult, psychic power, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves, or other such reading, mediumship, augury, astrology, palmistry, necromancy, mind reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized ordinance or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic, or other similar means, of any kind or nature. (Prior code § 6-25.010)
4-24.030 Zoning and building requirements.
Fortune-telling for pay shall be permitted only within the commercial regional (CR), commercial community (CC), and commercial highway (CH) districts. No person shall conduct, engage in, carry on, participate in, or otherwise practice fortune-telling for pay, or cause the same to be done, except in compliance with all applicable building and zoning regulations, including, but not limited to, all applicable parking and sign regulations. Issuance of a fortune-telling permit pursuant to this chapter shall not constitute zoning or building approval, and issuance of such a permit shall not limit the authority of the city to enforce the city’s building and zoning regulations. (Prior code § 6-25.020)
4-24.040 Fortune-telling permit application.
A. No person shall conduct, engage in, carry on, participate in, or otherwise practice fortune-telling for pay, or cause the same to be done, without first obtaining and maintaining a valid permit therefor pursuant to this chapter.
B. Every natural person who conducts, engages in, carries on, participates in or otherwise practices fortune-telling for pay shall file a separate verified application for a permit with the City Manager or his or her designee. The application shall contain:
1. The name, home and business address, and business telephone number of the applicant and any person financially interested in the business in any manner;
2. A record of all convictions for violations of this chapter, or other similar laws regulating fortune-telling, within the five years immediately preceding the date of the application;
3. The fingerprints of the applicant on a form provided by the Police Department;
4. Two copies of a photograph of the applicant, two inch by two inch in size, taken within six months of the date of the application;
5. The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others, for the five years preceding the date of the application and the status of said business(es), including the lapse or revocation of any license or permit therefor;
6. All names used by the applicant during the previous five years in conjunction with a fortune-telling business or practice;
7. A nonrefundable application fee, to cover the cost of processing the application, in an amount set by resolution of the City Council;
8. A copy of the applicant’s valid California drivers license, or, if none, a valid California identification card; and
9. Such other materials as the City Manager or his or her designee may reasonably require to verify the truth of the above matters.
(Ord. 2004-10 §§ 1-3; prior code § 6-25.030)
4-24.050 Investigation.
Appropriate Police Department personnel shall conduct an investigation to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report made in writing to the City Manager or his or her designee within sixty (60) days following receipt of complete application. The sixty (60) day period may be extended by the City Manager or his or her designee for up to thirty (30) additional days at the request of the applicant or at the request of the investigating personnel, to complete the investigation. (Ord. 2004-10 § 4: Ord. 97-8 § 1: prior code § 6-25.040)
4-24.060 Issuance of permit.
The City Manager or his or her designee shall approve the permit unless he or she makes any of the following findings:
A. That any of the information contained in the application or supporting data is false, or that any required information has been omitted;
B. That the applicant, within one year prior to the date of the application, has been convicted of any violation of this chapter, or any similar law regulating fortune-telling;
C. That the applicant has not paid the required permit application fee;
D. That the applicant has not agreed to abide by and comply with all conditions of the permit and applicable laws; or
E. That the operation, as proposed, would not comply with applicable zoning regulations.
(Ord. 2004-10 § 5; prior code § 6-25.050)
4-24.070 Notice of decision.
The City Manager or his or her designee shall decide whether to approve or deny the permit within fourteen (14) city business days following receipt of the report described in Section 4-24.050 of this chapter. The decision of the City Manager or his or her designee shall be in writing, and if adverse to the applicant, shall contain findings of the facts upon which the denial is based. The City Manager or his or her designee shall immediately cause notice of the decision to be given either by personal delivery thereof to the applicant at the address set forth in the application, or by registered or certified mail, postage prepaid, return receipt requested, addressed to the applicant at said address. Service by mail shall be deemed to have been completed at the time of deposit into the custody of the United States Postal Service. (Ord. 2004-10 § 6: prior code § 6-25.060)
4-24.080 Appeal.
A. Right to Appeal. Upon payment of an appeal fee established by resolution of the City Council, any interested person may appeal the decision of the City Manager or his or her designee to the City Council. Said appeal shall be filed with the City Clerk within fifteen (15) days after notice of such decision is given.
B. Contents of Notice of Appeal. An appeal shall be in writing and shall specify:
1. The name and address of appellant;
2. The matter being appealed;
3. A statement of the grounds for the appeal.
C. Hearing of Appeal. The City Council shall hold a hearing on any duly filed appeal within thirty (30) days after said appeal is filed unless said time period is extended at the request of or with the consent of the appellant or the applicant if the applicant is not the appellant. Notice of such hearing shall be given to the appellant, and to the applicant if the applicant is not the appellant, not less than ten days before such hearing either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested, addressed to the appellant at the address stated in the notice of appeal, and to the applicant at the address stated in the application. Service by mail shall be deemed to have been completed at the time of deposit into the custody of the United States Postal Service. At the time of the hearing, the City Council shall hear and consider all relevant evidence. The hearing may be continued from time to time as determined necessary by the City Council, or upon request of the appellant or applicant upon good cause being shown therefore, in the discretion of the City Council, but in no event for more than one month after the appeal is first considered by the City Council.
D. Decision. At the close of the hearing or at any time within thirty (30) days thereafter, the City Council shall determine whether to grant or deny the appeal. The decision of the City Council shall be final, and shall be based upon the findings set forth in Section 4-24.060 of this chapter.
E. Notice of Decision. Notice of the City Council’s decision shall be given within ten city business days after said decision is made. Such notice shall be given either by personal delivery thereof to the appellant at the address set forth in the notice of appeal, or by registered or certified mail, postage prepaid, return receipt requested, addressed to the appellant at said address, and by personal delivery or registered or certified mail, postage prepaid, to the applicant if the applicant is not the appellant. Service by mail shall be deemed to have been completed at the time of deposit into the custody of the United States Postal Service.
(Ord. 2004-10 § 7: prior code § 6-25.070)
4-24.090 Term of permit.
The term of each permit issued pursuant to this chapter shall be one year. If renewal is sought, a renewal application shall be filed between ninety (90) and thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application. (Prior code § 6-25.080)
4-24.100 Permit posting.
A. Any permittee transacting or carrying on business at a fixed place of business in the city shall keep the permit issued pursuant to this chapter posted in a conspicuous location, visible to all who enter the place of business, and readily available for inspection.
B. Any permittee transacting or carrying on business in the city but not operating at a fixed place of business within the city shall have his or her permit in his or her possession at all times while transacting or carrying on such business.
(Prior code § 6-25.090)
4-24.110 Additional posting requirements.
A. Each person required to obtain a permit pursuant to this chapter shall post on his or her business premises a sign containing the following information:
1. The true name of the fortune-telling practitioner;
2. Each service provided by the fortune-telling practitioner;
3. The fees charged for each service provided by the fortune-telling practitioner;
4. The statement “By city law, this business is prohibited from charging or soliciting any fee, payment, or remuneration beyond these established rates”; and
5. The statement “Any client wishing to do so may make an audio tape of or take written notes during any fortune-telling session or consultation.”
B. The sign required by this section shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortune-teller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.
C. If the fortune-telling service is provided at a location other than the fortune-teller’s permanent place of business, the fortune-teller shall provide the information required by this section on eight and one-half by eleven (11) inch paper in legible print or type. The paper shall also include the name and permanent address of the person(s) providing the fortune-telling services. No other information or printed matter shall appear on the paper. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortune-telling services.
(Prior code § 6-25.100)
4-24.120 Fees for service.
No person shall charge or collect any fee, payment, remuneration, or item of value for fortune-telling services in excess of the fees set forth on the sign or paper required by Section 4-24.110 of this chapter. (Prior code § 6-25.110)
4-24.130 Client record of consultation.
No person transacting or engaging in any fortune-telling services shall prohibit a client from making an audio recording or taking written notes of the information provided by the fortune-teller. (Prior code § 6-25.120)
4-24.140 Revocation.
The City Manager or his or her designee shall, at all times, have the power to revoke any permit granted hereunder should the City Manager or his or her designee determine:
A. That the permittee has violated any provision of this chapter; or
B. That any information contained in the permit application is false; or
C. That the issuance of the permit was based upon fraud, mistake, or any misleading or untrue statements.
Should the City Manager or his or her designee have reason to believe that grounds for revocation exist, the City Manager or his or her designee shall notify the permittee, either by personal delivery thereof to the permittee at the address set forth in the application and stated on the permit, or by registered or certified mail, postage prepaid, return receipt requested, addressed to the applicant at said address. Said notice shall set forth the date, time, and location of a hearing to be held on the matter. Said hearing shall be held within twenty (20) city business days after said notice is mailed.
The City Manager or his or her designee shall conduct a revocation hearing, at the time and place specified, to determine whether the permit shall be revoked. All interested persons shall be heard at the hearing. The burden of proof for revocation shall be on the city.
Unless the permittee agrees in writing to an extension of time, the City Manager or his or her designee shall make his or her decision regarding the revocation within five city business days after completion of the hearing, and shall cause written notice of said decision to be sent to the permittee by either personal delivery or by registered or certified mail, postage prepaid, return receipt requested, within two city business days after said decision is made. If the permit is revoked, the notice shall contain findings supporting the decision. An appeal of the City Manager or his or her designee’s decision may be taken pursuant to Section 4-24.080 of this chapter. The City Council’s decision on appeal shall be final, and shall be based upon the findings set forth in this section.
Any notice given by mail pursuant to this section shall be deemed to have been completed at the time of deposit into the custody of the United States Postal Service. (Ord. 2004-10 § 8: prior code § 6-25.130)
4-24.150 Violation—Penalty.
A. Every person who engages in the practice of fortune-telling for pay without first obtaining a permit from the city to practice such fortune-telling or who shall violate any provision of this chapter, shall be guilty of a misdemeanor.
B. Any owner, manager, or permit holder in charge or control of a fortune-telling establishment who knowingly employs a person performing as a fortune-teller for pay, as defined in this chapter, who is not in possession of a valid permit or who allows such employee to practice within such a place of business is guilty of a misdemeanor.
C. Any fortune-telling business operated, conducted, or maintained contrary to the provision of this chapter or any applicable zoning regulation(s) shall be and is declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement of such nuisance.
D. Every person who by pretensions to fortune-telling fraudulently obtains from another person money or property of any description, whether directly or indirectly, shall be guilty of a misdemeanor.
E. Every person, firm, or corporation found to be in violation of this chapter shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued, or permitted by such person, firm or corporation.
(Prior code § 6-25.140)
4-24.160 Exemptions.
A. Entertainment. The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortune-telling at public places and in the presence of and within the hearing of all other persons in attendance, 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, and at which no fee of any kind is paid or given by any member of the public directly to the fortune-teller.
B. Religious Practice. The provisions of this chapter shall not be construed to include, prohibit, or interfere with the exercise of any religious or spiritual function of any priest, minister, rector, or any other accredited representative of a bona fide church or religion where such priest, minister, rector, or accredited representative holds a certificate of credit, commission, or ordination under the laws of any state or territory of the United States of America or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which they are affiliated, provided, however, that any church or religious organization which is organized for the primary purpose of conferring certificates of commission, credit or ordination for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief, is not deemed to be a bona fide church or religious organization.
(Prior code § 6-25.150)
4-24.170 Supersedes county ordinances.
This chapter is intended to supersede and replace in its entirety Title 5, Division 3, Article 7, Section 5-3-94 et seq. of the Orange County Code, adopted by reference as part of Ordinance No. 92-6. (Prior code § 6-25.160)