Alhambra Municipal Code Ch. 5.14 Fortunetelling

(A) The practice of fortunetelling, 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 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 provisions of this chapter requiring a permit, posting of fees, providing receipts and allowing client recordation of the consultation will make it more difficult for an unscrupulous fortuneteller to commit fraud or larceny, and yet, as informational regulations, will not affect the nature of the information conveyed by the fortuneteller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the fortuneteller and will not, therefore, impose any undue burden on their practices.

(D) Fortunetelling for entertainment purposes, as defined in this chapter, 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.

(E) For these and other reasons, the provisions of this chapter are necessary to protect the health, safety and welfare of the community.

('86 Code, § 5.14.010) (Ord. 4001, passed - - )

No person shall conduct, engage in, carry on, participate in, or practice fortunetelling or cause the same to be done for pay without having first obtained a permit therefor.

('86 Code, § 5.14.020) (Ord. 4001, passed - - ) Penalty, see § 5.14.180

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FORTUNETELLING. Includes telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature.

FOR PAY. For a fee, reward, donation, loan or receipt of anything of value.

('86 Code, § 5.14.030) (Ord. 4001, passed - - )

Every natural person who, for pay, conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a permit with the Director of Finance. The application shall contain:

(A) The name, home and business address, and home and business telephone number of the applicant.

(B) The record of conviction for violations of the law, excluding minor traffic violations.

(C) The fingerprints of the applicant on a form provided by the Director of Public Safety.

(D) The address, city and state, and the approxi-mate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.

('86 Code, § 5.14.040) (Ord. 4001, passed - - )

(A) Application fee. All applications for the permit required by § 5.14.020 of this chapter shall be accompanied by a nonrefundable fee in an amount established by City Council resolution to partially defray the expense to the city of conducting the investigation required by this chapter.

(B) Annual permit fee. The annual fee for such a permit issued pursuant to this chapter shall be in an amount established by City Council resolution.

(C) Penalties. Whenever any permit fee required by division (B) of this section is not paid prior to the delinquency date specified in § 5.04.190 of this title, a penalty shall be due and is hereby imposed in the manner, as of the time and in the amount specified in § 5.04.020 of this title.

('86 Code, § 5.14.050) (Ord. 4001, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

(A) Each permit and each renewal permit issued pursuant to division (B) of § 5.14.050 of this chapter shall expire on December 31 next following the date of its issuance.

(B) Each such permit may be renewed by making application for renewal no later than 30 days prior to the expiration of the permit and paying the permit fee within the time specified for the renewal of business licenses in Chapter 5.04 of this title.

(C) Each application for a renewal of such a permit shall be considered as a new application, except that no application fee as required in division (B) of § 5.14.050 of this chapter shall be charged where there has been no revocation of such permit or change of ownership or in personnel of a corporation or partnership applicant, and each such application may be denied upon any ground which would have justified a denial of the original permit.

(D) Permits issued pursuant to this chapter shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued.

('86 Code, § 5.14.060) (Ord. 4001, passed - - ) Penalty, see § 5.14.180

Upon the filing of the application, it shall be referred to the Director of Public Safety for investiga-tion, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the Director of Finance within 14 days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

('86 Code, § 5.14.070) (Ord. 4001, passed - - )

The Director of Finance shall consider the application and the Director of Public Safety's report and recommendation at a hearing held not less than seven nor more than 14 days following receipt of the Director of Public Safety's report described in § 5.14.070. Notice of the time and place of the hearing and a copy of the Director of Public Safety's report shall be given to the applicant personally or by certified mail by the Director of Finance at least five days prior to the hearing. Any interested party shall be heard at the hearing. The city shall have the burden of proof to show why the permit should be denied. The decision of the Director to approve, deny or conditionally approve the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the Director of Finance shall make his or her decision approving, denying, or conditionally approving the permit within 24 hours after completion of the hearing on the application for a permit and shall notify the applicant of his or her action by personal service or certified mail.

('86 Code, § 5.14.080) (Ord. 4001, passed - - )

The Director of Finance shall approve or conditionally approve the permit if he or she makes all of the following findings;

(A) All the information contained in the application and supporting data is true;

(B) The applicant has not, within one year from the date of the application, been convicted of any violation of this chapter or crimes involving predic-tion of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude;

(C) The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.

('86 Code, § 5.14.090) (Ord. 4001, passed - - ) Penalty, see § 5.14.180

(A) Each person required to obtain a permit pur-suant to § 5.14.020 shall post on his or her business premises a sign containing the following information:

(1) The true name of the fortunetelling practitioner;

(2) Each service provided by the fortune-telling practitioner;

(3) The fees charged for each service provided by the fortunetelling practitioner;

(4) The statement, “By law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates.”

(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 fortuneteller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.

(C) If the fortunetelling service is provided at a location other than the fortuneteller's permanent place of business, the fortuneteller shall provide the information required by this section on eight and one-half inch by 11-inch paper and legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortunetelling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortunetelling services.

(D) No person shall charge any fee, payment, remuneration, or item of value for fortunetelling services in excess of the fees set forth on the sign or paper required by this section.

('86 Code, § 5.14.100) (Ord. 4001, passed - - ) Penalty, see § 5.14.180

Prior to the acceptance of any money or item of value from a client, other than the acceptance of a gratuitous tip given voluntarily by the client, the fortuneteller shall issue a written receipt to the client, clearly showing;

(A) Date;

(B) Name of client;

(C) Amount of money received or specific description of item of value received, and

(D) Purpose for which the money or item of value was received.

('86 Code, § 5.14.110) (Ord. 4001, passed - - ) Penalty, see § 5.14.180

No person engaging in fortunetelling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortuneteller.

('86 Code, § 5.14.120) (Ord. 4001, passed - - ) Penalty, see § 5.14.180

The provisions of this chapter shall not apply to any person engaged solely in the business of enter-taining the public by demonstrations of fortunetelling at public places and in the presence of and within the hearing of all other persons in attendance, and at which time 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.

('86 Code, § 5.14.130) (Ord. 4001, passed - - )

The provisions of this chapter shall not be applicable to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as minister) from any bona fide church or religious association having a creed or set of religious principles that is recognized by all churches of like faith which provides for fortunetelling; provided that;

(A) Except as provided in division (C) hereof, the minister's fees, gratuities, emoluments, and profits 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 section.

(B) The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this section, shall file with the Director of Finance a certified copy of the minister's certificate of ordination and the minister's name, age, street, address, and telephone number in this city where the activity set forth in this section is to be conducted.

(C) Such bona fide church or religious association, as defined in this section, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church or religious association and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.

('86 Code, § 5.14.140) (Ord. 4001, passed - - )

If any person to whom a permit has been issued pursuant to this chapter is thereafter convicted of a violation of any provision of this chapter, his or her permit shall be forthwith and summarily revoked, without the hearing otherwise provided for in § 5.82.040 of this title.

('86 Code, § 5.14.150) (Ord. 4001, passed - - )

Any decision by the Director of Finance denying an application for a permit or suspending a permit shall be subject to appeal to the City Council in accordance with the provisions of § 5.82.050.

('86 Code, § 5.14.160) (Ord. 4001, passed - - )

Except for those duties which are specifically delegated to the Director of Public Safety, it shall be the duty of the Director of Finance to enforce each and all of the provisions of this chapter, and the Director of Public Safety shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance or the City Council.

('86 Code, § 5.14.170) (Ord. 4001, passed - - )

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and shall be punished as provided in § 1.12.010 of this code.

('86 Code, § 5.14.180) (Ord. 4001, passed - - )