Azusa Municipal Code Div. 1 Generally

(a) The practice of fortunetelling 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 article 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 sections of this article 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 will not affect the nature of the information conveyed by the fortuneteller or the manner in which it is conveyed. These sections require only minimal expense and effort on the part of the fortuneteller and will not, therefore, impose any undue burden on his practices.

(d) Fortunetelling for entertainment purposes 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, this article is necessary to protect the health, safety and welfare of the community.

(Code 1971, § 5.54.010)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

For pay means for a fee, reward, donation, loan or receipt of anything of value.

Fortunetelling means and 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, mindreading, telepathy or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing or magic of any kind or nature.

(Code 1971, § 5.54.030)

Cross reference— Definitions and rules of construction generally, § 1-2.

The business license tax for fortunetelling for pay shall be paid in accordance with section 18-691.

(Code 1971, § 5.12.130)

(a) Each person required to obtain a permit pursuant to this article shall post on his business premises a sign containing the following information:

(1) The true name of the fortunetelling practitioner.

(2) Each service provided by the fortunetelling 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 8½ 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.

(Code 1971, § 5.54.090)

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 the following:

(1) Date;

(2) Name of client;

(3) Amount of money received or specific description of item of value received; and

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

(Code 1971, § 5.54.100)

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.

(Code 1971, § 5.54.110)

This article shall not apply to any person engaged solely in the business of entertaining 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 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.

(Code 1971, § 5.54.120)

This article 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 (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:

(1) Except as provided in subsection (3) of this section, 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.

(2) The minister holding a certificate of ordination from such bona fide church or religious association shall file with the business license officer 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.

(3) Such bona fide church or religious association 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.

(Code 1971, § 5.54.130)