CHAPTER 15. FORTUNE-TELLING
ARTICLE 1. GENERAL PROVISIONS
6-15-1000 APPLICATION OF GENERAL PROVISIONS:
Unless the provisions of this Chapter provide otherwise, all the provisions of Chapter 1 of this Part which pertain to the licensing and regulation of businesses are applicable to the license referred to in this Chapter.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16. Formerly 6-15-1010)
6-15-1010 PURPOSE:
The purpose of this Chapter is to protect the health, welfare, and safety of the public at large and patrons of fortune-telling 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.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16. Formerly 6-15-1000)
6-15-1020 DEFINITIONS:
The following words and phrases, as used in this Chapter, shall have the following meanings:
(a) "For pay" means a fee, reward, donation, loan, or receipt of anything of value.
(b) "Fortune-teller" means any person who, for pay or for any consideration whatsoever, engages in the practice of fortune-telling as herein defined unless otherwise excepted.
(c) "Fortune-telling" means telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic power, faculty, force, chiromancy, clairvoyance, clair-audience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such reading, mediumship, 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) "Fortune-telling 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 subdivision (c) of this section.
(Added by Ord. No. 3390, effective 8-20-09)
6-15-1030 LICENSE REQUIRED:
(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, within the unincorporated area of the County, the operation of a fortune-telling establishment without first having obtained a license from the County as provided in Chapter 1 of this Part. A fortune-telling establishment license shall include the right of the individual licensee to practice fortune-telling at such an establishment.
(b) It shall be unlawful and a misdemeanor for any person to act as a fortune-teller within the unincorporated area of the County without first having obtained a license from the County as provided in Chapter 1 of this Part.
(c) It shall be unlawful and a misdemeanor for any person to act as a fortune-teller in other than a duly licensed fortune-telling establishment.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-15-1040 EXCEPTIONS:
(a) The provisions of this Chapter 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 mind reading, 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 license for conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, priest, rector, 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) Such minister holds a certificate of credit, commission or ordination under the ecclesiastical laws of a religious corporation incorporated 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.
(2) 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 subdivision.
(3) The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subdivision, shall file with the license collector a certified copy of the minister’s certificate of ordination with the minister’s name, age, street address, and phone number in this County where the activity set forth in this subdivision is to be conducted.
(Added by Ord. No. 3390, effective 8-20-09)
ARTICLE 2. ISSUANCE, DENIAL, AND REVOCATION OF LICENSE
6-15-2000 ISSUANCE OF LICENSE:
The license collector shall issue the license if, in addition to compliance with Chapter 1 of this Part, the license collector finds:
(a) That the operation, as proposed by the applicant, would comply with all applicable laws.
(b) That the applicant has not been convicted in a court of competent jurisdiction of any of the following offenses:
(1) An offense involving use of force or violence upon the person of another.
(2) An offense involving the element of fraud or theft.
(3) A crime requiring registration under Penal Code section 290, or of any violation of Penal Code sections 311 through 311.7, 314, 315, 316, 318, or subdivisions (a), (b), or (d) of section 647.
(4) A crime requiring registration under Health and Safety Code section 11590, or violations of Health and Safety Code sections 11352, 11360, 11366, 11377, or 11379.
(5) Any other crime involving moral turpitude.
(6) Any of the above substantive offenses as defined in the laws of any jurisdiction other than the State of California or as defined by any law of the State of California in effect before the above sections were adopted.
(c) That the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statements of fact in the license application or any other document required by the County in conjunction therewith.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-15-2010 DENIAL OF LICENSE:
(a) If one or more of the findings set forth in section 6-15-2000 cannot be made, the license shall be denied. In the event of denial, notification and reasons for denial shall be communicated by the license collector to the applicant in the manner provided in Chapter 1 of this Part.
(b) Any person who operates a fortune-telling establishment or practices fortune-telling, after denial of an application becomes final, is guilty of a misdemeanor.
(Added by Ord. No. 3390, effective 8-20-09)
6-15-2020 SUSPENSION OR REVOCATION OF LICENSE:
Any license issued under this article shall be subject to suspension or revocation pursuant to Chapter 1 of this Part.
(Added by Ord. No. 3390, effective 8-20-09)
6-15-2030 APPEAL FROM SUSPENSION OR REVOCATION:
If a fortune-telling license is denied, suspended, or revoked, the person aggrieved may appeal such action to the County Hearing Officer as set forth in Chapter 1 of this Part.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3559, effective 6-20-19)
6-15-2040 REAPPLICATION FOR DENIED OR REVOKED LICENSE:
Any person whose license is denied or revoked may not apply for a license to operate a fortune-telling establishment or practice fortune-telling in the County for a period of one (1) year from the date such denial or revocation becomes final.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
ARTICLE 3. RESTRICTIONS ON OPERATIONS
6-15-3000 OPERATING HOURS:
Fortune-telling establishments may be open for operation only between the hours of 7:00 a.m. and 12:01 a.m., inclusive, of each day, or as otherwise permitted by applicable zoning regulations.
(Added by Ord. No. 3390, effective 8-20-09)
6-15-3010 EMPLOYMENT OF PERSONS UNDER THE AGE OF EIGHTEEN (18) PROHIBITED:
It shall be unlawful for any individual owner, managing partner, managing officer, or other person in charge of any fortune-telling establishment to employ any person who is not at least eighteen (18) years of age.
(Added by Ord. No. 3390, effective 8-20-09)
6-15-3020 SERVICES AND RATE SIGN:
Every licensee of a fortune-telling establishment shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the fortune-telling establishment, printed in bold letters not less than one (1) inch in height, listing the services available and the rate 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.
(Added by Ord. No. 3390, effective 8-20-09)
6-15-3030 INSPECTION SIGN:
Every licensee of a fortune-telling establishment shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the fortune-telling establishment, printed in bold letters not less than one (1) inch in height, with the following thereon: "These premises are subject to inspection without notice by authorized officials of the County of Tulare."
(Added by Ord. No. 3390, effective 8-20-09)
6-15-3040 INSPECTION:
The Sheriff shall from time to time cause an inspection to be made of the premises of each fortune-telling establishment in the County of Tulare for the purpose of determining compliance with the provisions of this article.
(Added by Ord. No. 3390, effective 8-20-09)
6-15-3050 EMPLOYMENT OF PERSONS WITHOUT LICENSES UNLAWFUL:
It shall be unlawful for any owner, operator, manager, or licensee in charge of or in control of a fortune-telling establishment to employ any person who is not in possession of a valid, unrevoked license to practice fortune-telling within a fortune-telling establishment.
(Added by Ord. No. 3390, effective 8-20-09)