Division 6 — FORTUNETELLING

(Division 6 added by Ord. 1817 adopted 8-6-85)

6416. • DEFINITIONS.

"Board" shall mean the City Business Permit and License Review Board.

"For Pay" shall mean for a fee, reward, donation, loan or receipt of anything of value.

"Fortunetelling" shall mean 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, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, 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.

(a)

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 from the License Officer and without having posted and maintained in full force and effect a surety bond as required in Arcadia Municipal Code Section 6616.5(c)(2).

(b)

No person shall violate any of the terms and conditions of a permit issued pursuant to this Article, nor any of the regulations and provisions within this Article. Each day such a violation or violations occur shall constitute a separate offense.

(Amended by Ord. 2263 adopted 12-1-09)

Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a permit with the License Officer. The application shall contain, but not be limited to:

(a)

The name, home and business address, and home and business phone 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 Arcadia Police Department.

(d)

The address, city and state, and the approximate dates where and when the applicant practices a similar business, either alone or in conjunction with others.

(Amended by Ord. 2263 adopted 12-1-09)

Upon the filing of the application, it shall be referred by the License Officer to the Police Department for investigation, 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 License Officer within fourteen (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. At the time of the filing of the report and recommendation with the License Officer, a copy thereof shall be served personally or by certified mail by the License Officer on the applicant.

(Amended by Ord. 2263 adopted 12-1-09)

(a)

The License Officer shall consider the application and the report and recommendation on or before the seventh (7th) day after the filing of the report and recommendation referred to in Arcadia Municipal Code Section 6416.3.

(b)

The decision of the License Officer to grant or deny the permit shall be in writing, and if adverse to the applicant, shall contain information on the applicant's right to appeal to the Business License Review Board.

(Amended by Ord. 2263 adopted 12-1-09)

Editor's note— Ord. No. 2263, adopted Dec. 1, 2009, amended § 6416.4 in its entirety. Prior to amendment, § 6416.4 pertained to Hearing and Decision by the Board. See "Ordinance List and Disposition Table" for derivation.

The Business License Officer shall issue the permit when:

(1)

The applicant has complied with all of the provisions of this Article,

(2)

The fee required by Arcadia Municipal Code Section 6220.27 has been paid, and

(3)

The applicant has posted with the City Clerk, a surety bond in the principal sum amount of ten thousand dollars ($10,000.00) executed as surety by a good and sufficient corporate surety authorized to do a surety business in the State of California and as a principal by the applicant. The form of the bond shall have been approved by the City Attorney and shall have been given to 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.

The term of any permit issued under this Section shall be one (1) year subject to renewal.

(Amended by Ord. 1896 adopted 10-20-88; amended by Ord. 2263 adopted 12-1-09)

Upon the discovery of any false or misleading statement in the application or any misrepresentation by the applicant in procuring the permit or upon the termination of the bond required hereunder or upon the applicant's violation of any provision of this Article, the License Officer may revoke the permit. The applicant shall have the right to appeal any permit revocation to the Business License Review Board using the procedure as set forth in Sections 6216.8 and 6216.9.

(Amended by Ord. 2263 adopted 12-1-09)

(a)

The provisions of this Section 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 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, missionary, medium, healer or clairvoyant, hereinafter collectively referred to as 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 (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 file with the License Officer 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.

(Amended by Ord. 2263 adopted 12-1-09)