Beaumont Municipal Code Ch. 5.40 Fortune Telling

It is the purpose of this Chapter to require the licensing and issuance of a permit as a condition for the practice of fortune telling in the City to reduce the risk of fraud and larceny to clients, and to set forth the standards for governing the issuance of the permits, rules and regulations under which such permits shall remain in force, the issuance of a license therefore, and providing a punishment for operation of a fortune telling establishment without a duly issued and valid permit and license.

(Ord. 1026, 10/2012)

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

A. "Fortune telling" shall consist of foretelling any event or events which may occur in the future or furnishing any information not otherwise obtainable by the ordinary process of knowledge, by means of cards, palmistry, astrology, crystal gazing, numerology, phrenology, clairvoyance, necromancy, mindreading, telepathy, magic or by any supernatural, mystic or occult means; or in locating or divining any treasure, mineral, lost or missing article, or person by such means; or in persuading, inducing or procuring any person to transfer, convey, donate, devise, bequeath, pledge, mortgage or deposit any money or property by such means; or to describe, expound or resolve any matter pertaining to business, finance, romance, bereavement, or good or bad fortune, by means, or pretending, assuming or undertaking to do any of the above mentioned things or to aid or assist any other person in so doing; or to make, sell or give away charms, potions, talismans or magic articles, or anything purporting to be such.

B. "Fortune teller" shall mean any person who advertises by sign, circular, handbill, newspaper, periodical, magazine or other means whatsoever the practice of fortune telling and/or occult arts, and shall include any person who advertises as a "psychic" or "spiritual reader" or "spiritual counselor" for the purpose of the practice of fortune telling and/or the occult arts;

C. "Fortune telling establishment" shall mean the premises, location or place advertised for or purported to be used for the practice of fortune telling and/or occult arts.

(Ord. 1026, 10/2012)

A. No person, association, partnership or corporation shall conduct, operate or advertise for an establishment in which the practice of fortune telling and occult arts is carried on for pay, compensation or gratuity without obtaining and maintaining in effect a permit as required in this Chapter.

1. No permittee hereunder shall employ any person who practices fortune telling and/or occult arts, or who offers to or solicits to perform fortune telling and occult arts, or who holds himself/herself out to be a fortune teller if said person does not hold a current, unrevoked permit as required by this Chapter.

2. No permit shall be issued to any person who is not 18 years of age or older.

(Ord. 1026, 10/2012)

This Chapter shall not apply to:

A. Any person who conducts or participates in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant from any bona fide church or set of religious principles that is recognized by all churches of like faith; provided further, that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of said church or religious association;

B. Any person solely engaged in the exhibition of fortune telling at a theater hall or public place for the purpose of entertainment and amusement only;

C. Nothing in this section shall be construed as exempting any person from the payment of any applicable business license fee which may be required to be paid by the licensing provisions of this Code.

(Ord. 1026, 10/2012)

An application for a permit to practice fortune telling and occult arts shall be made to a duly authorized representative of the Chief of Police under penalty of perjury on forms provided by the Chief of Police. The application to practice fortune telling and occult arts shall be accompanied by an investigation filing fee as provided by resolution establishing fees and charges therefor by the City Council, plus the fee charged by Department of Justice for fingerprint processing.

Said fees are not refundable in the event such application is denied.

Each permit under this chapter shall expire on June 30 of the current year. An unrevoked permit may be renewed for one year on written application to the Chief of Police, made on or before May 15 of each year, accompanied by the required fees. Said application for renewal shall be made on a form provided by the Chief of Police.

The annual renewal application shall be accompanied by a renewal filing fee. Permits issued April, May or June of the current year shall expire June of the following year.

Fortune telling permit fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code.

(Ord. 1026, 10/2012)

Any applicant for a permit under this chapter shall submit the following information under penalty of perjury:

A. The full name, present residence and telephone numbers of the applicant;

B. Address of the proposed location for the conduct of the profession, art or business;

C. Any and all maiden, fictitious or other names ever used by the applicant;

D. Prior residence and business addresses used by the applicant during the five year period preceding the date of the application;

E. The Social Security number and a California Driver's License or California Identification Card number or other satisfactory government-issued identification number of the applicant;

F. The applicant's height, weight, hair and eye color, and all distinguishing marks, scars or tattoos;

G. Business, occupation or employment history of the applicant for a period of five years preceding the date of application;

H. The name or names under which the applicant proposes to conduct said activity or practice and the business address of the premises where such practice is to be carried on in connection with a similar or other kind of business;

I. The name or names, both true or fictitious, and addresses of any and all persons, associations, partnerships or corporations holding an interest or involvement in said interest or involvement;

J. A statement of any and all criminal convictions, except minor traffic offenses not designated as a felony, including the nature thereof, where they occurred and the sentence therefore;

K. A list of fortune telling or similar licenses currently or previously held by the applicant and whether any such license had been revoked or suspended and the reason therefore;

L. A list of at least three character references unrelated to the applicant by blood or marriage, and known to the applicant for at least five years. The list shall include true and fictitious names and current addresses and telephone numbers of said character references;

M. Any additional information as needed by the Chief of Police to complete the investigation.

(Ord. 1026, 10/2012)

A. At the time the application is filed, the applicant shall pay the fee charged by Department of Justice for fingerprint processing and the permit fee for processing the application and investigation. The Chief of Police or his/her authorized representative, shall conduct and complete an investigation of the statements made in the application and the background of the applicant. Upon completion of the investigation, the Chief of Police may approve or deny the application. The endorsement "approved" shall constitute a permit for the applicant upon payment of the business tax to the City as required by BMC.

B. In the event of such refusal (denial of permit), a copy of the application with reasons shall be sent to the applicant by means of certified mail. The applicant shall have seven calendar days from receipt of the City's certified letter to appeal the decision. In the event the certified letter is returned to the City unsigned, the appeal period shall be deemed to be 14 calendar days from postmark.

(Ord. 1026, 10/2012)

Upon the Chief of Police's review of the application, the Chief of Police may refuse to issue a permit to the applicant under this chapter for any of the following reasons:

A. The investigation reveals that the applicant falsified information of the application, concealed a material fact or otherwise committed any fraud in the application.

B. The applicant has been convicted of a felony involving an offense against private property interest, such conviction being entered within the five years preceding the date of application. Such property offenses include, but the not limited to, larceny, false pretense, fraud, grand theft and embezzlement.

C. The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Chief of Police that the reasons for such denial no longer exist.

(Ord. 1026, 10/2012)

The Chief of Police shall revoke any permit upon any grounds for which he/she may have refused the issuance thereof or upon conviction or upon a plea of guilty or non contendere for any violation of this chapter or the operation of the establishment does not comport with the peace, health, safety and general welfare of the public.

A. To revoke a permit the Chief of Police or his/her authorized representative, shall serve upon the holder thereof, a written notice that said license shall be revoked effective upon receipt of the notice in person, or five days after the mailing of said notice.

B. A revoked permit shall be immediately surrendered to the Chief of Police or his authorized representative.

(Ord. 1026, 10/2012)

It shall be unlawful to keep open to the public or to conduct the activity and practices defined in this chapter on any day of the week between the hours of 12:00 midnight and 8:00 a.m.

(Ord. 1026, 10/2012)

The City's Police Chief, Fire Chief and Building Official and their authorized representatives, shall have the right to enter the fortune telling establishment from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with applicable building, fire or electrical regulations and the provisions of this chapter.

(Ord. 1026, 10/2012)

Every person, association, partnership or corporation operating a fortune telling establishment under a permit as herein provided shall keep accurate business records. Said records shall be maintained and open for inspection for a period of three years and shall be kept on the premises of the fortune telling establishment. Failure to keep and maintain said records as provided in this section shall be grounds for suspension or revocation.

(Ord. 1026, 10/2012)

A. Prior to the revocation and suspension of any permit issued pursuant to the provisions of this chapter, a hearing shall be held by the Chief of Police. Written notice of the grounds for the hearing as well as its time and place shall be mailed to the permittee seven days in advance of the hearing. Within 24 hours after the conclusion of the hearing the Chief of Police shall mail written notice to the permittee of his decision.

B. The decision of the Chief of Police may be appealed to the City Council in accordance with the provisions of Section 5.40.130.

(Ord. 1026, 10/2012)

An appeal may be taken to the City Council by any person aggrieved by an order of the Chief of Police concerning the denial, suspension or revocation of a permit. The right of appeal is subject to the conditions and procedures set forth in this section:

A. Procedures—Time Limitations. An appeal to the City Council shall be made by filing a petition in triplicate with the City Clerk not later than 14 days from the decision of the Chief of Police or the mailing thereof, whichever is later. The petition shall set forth the grounds of appeal and the reasons why such appeal should be granted. Upon receipt of the petition, the City Clerk shall immediately forward a copy to the Chief of Police and within ten days following the filing of appeal the petition shall be placed on the agenda of the City Council. If the City Council will not have held a meeting within the aforesaid ten-day period, then the petition shall be received by the City Council at its next regularly scheduled meeting. Upon receipt of the petition, the City Council shall set the matter for hearing and give the appellant notice of a time and place for the hearing. The notice shall be given in person or by mail not later than ten days prior to the hearing. The hearing shall be held not later than 30 days following receipt of the petition by the City Council.

B. Action by City Council. In considering and ruling upon the appeal of the petitioner, the City Council shall judge the merits of the appeal based upon those grounds set forth in Sections 5.40.090 and 05.40.130 of this chapter. The City Council may reverse or affirm wholly or partly or may modify any decision, determination, or requirement of the Chief of Police and may make such decisions or determinations or impose such conditions as the facts warrant, and may order that a permit be granted, suspended, or revoked in accordance with their ruling. The decisions of the City Council shall be final. Any hearing may be continued from time to time.

C. Stay or Order. The filing of an appeal to the City Council stays all proceedings in furtherance of the action appealed from until determination of the appeal as provided in this chapter.

(Ord. 1026, 10/2012)

Every person to whom or for whom a permit shall have been granted shall display the permit and shall post and continually keep posted a copy of the ordinance adopting this chapter in a conspicuous place so that the same may be readily seen by persons entering the premises where fortune telling is performed.

(Ord. 1026, 10/2012)

Upon sale or transfer of a fortune telling establishment, the permit and license therefore shall be null and void.

(Ord. 1026, 10/2012)

In the event of a violation of this Chapter:

A. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17.200 et seq. or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16.010. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030. Each such violation shall be deemed a separate offense as specified in Section 1.16.040; or

B. The City Attorney may bring an action to enjoin a violation of this Chapter; or

C. A violation of any provision of this Chapter may be prosecuted as a misdemeanor punishable under Section 1.24.110 of this Code or pursuant to applicable state law; or

(Ord. 1026, 10/2012)