Burbank Municipal Code Art. 23 Psychic Arts/Fortunetelling

3-4-2301: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, “fortune-telling” shall mean and include 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, 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 any form of consideration. [Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2302: LICENSE FEE:

It shall be unlawful for any person to engage, conduct, carry on, participate in or practice fortune-telling or cause the same to be done without having first obtained a license from the Community Development Department and paying a license fee in an amount as designated in the Burbank Fee Resolution, as amended from time to time. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2303: PERMIT APPLICATION PROCEDURE:

A. Permit Required: It shall be unlawful for any person to engage, conduct, carry on, participate in or practice fortunetelling or cause the same to be done without having first obtained a permit from the Community Development Department.

B. Permit Fee: Applicants for a permit hereunder shall pay a nonrefundable permit application fee in an amount as designated in the Burbank Fee Resolution, as amended from time to time.

C. Application for Permit; Contents: Any person desiring to obtain a fortune-telling permit shall make application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and contain the following information:

Applicant’s full name, date of birth, current residence and business addresses and telephone numbers.
The exact business name, including any fictitious name, if applicable, under which the applicant plans to conduct business.
A description of the service or services to be provided, the address of the proposed location, and the facilities thereof.
A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
Applicant’s California Driver’s License number or California identification number and social security number, if any.
Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation, excluding minor traffic violations, within the five (5) years immediately prior to the date of filing the application and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.
Applicant’s height, weight, sex, color of eyes and hair, photograph, and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to the filing of the application.
Applicant’s business, occupation and employment history for the five (5) years immediately preceding the date of the application and the address of each and every location where such business, occupation and employment was engaged in or performed.
Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application for the permit and any subsequent renewal application.

D. Police Investigation: Subsequent to the filing of an application for a fortune-telling permit, the Community Development Department shall transmit the application to the Chief of Police for investigation and report pursuant to Section 3-6-206 of this title. Thereafter, the Chief of Police or their representative shall file with the Community Development Department, within thirty (30) days after the filing of the application, their report in writing, stating the extent of the investigation, particulars of objections (if any) and recommendations. If more than thirty (30) days is required to complete this investigation, the applicant shall be so notified. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

E. Approval of Permit: The Community Development Department, within ten (10) days after receiving the above-mentioned report, shall approve or conditionally approve the permit if the following findings are made:

All of the information contained in the application and supporting data is true;
The applicant has not, within three (3) years from the date of the application, been convicted of any violation of this article or crimes involving larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude;
The applicant has paid the required business license and permit fees; and
The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.

F. Issuance of Permit: The Community Development Department shall issue the permit if granted. The permit shall be personal to the applicant and nontransferable and shall be limited to the uses requested in the application. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2304: DISPLAY OF LICENSE AND PERMIT:

The fortune-telling license and permit or copies thereof, certified by the Community Development Department, shall be conspicuously posted at the place of business of every fortune-telling practitioner. If the fortune-telling is provided at a location other than the fortune-telling practitioner’s permanent place of business, the fortune-telling practitioner shall show a true and correct copy of the fortune-telling license and permit, on demand, to any client or person authorized to enforce the provisions of this article. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2305: ANNUAL PERMIT RENEWAL APPLICATION:

A. Expiration of Permit: Every permit issued under this article shall expire on June 30 of each year.

B. Renewal of Permit: An unrevoked permit may be renewed for one year on written application to the Community Development Department; provided, however, that said renewal application shall not be made prior to May 15 of said year. A renewal application shall be processed in the same manner as a new application.

C. Application Update: An applicant for renewal of fortune-telling permit shall update, under penalty of perjury, all information set forth in the original permit application.

D. Renewal Fee: Applicants for renewal of a fortune-telling permit shall pay a nonrefundable annual permit renewal fee as set forth in the Burbank Fee Resolution. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2306: NEW APPLICATION AFTER DENIAL OR REVOCATION OF PERMIT:

No person may apply for any permit authorized by this article within one (1) year from any denial or revocation of such permit unless the cause of the denial or revocation has, to the satisfaction of the Community Development Department or Chief of Police, been removed within such time. [Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2307: POSTING OF FEES:

A. Required Information: Each person required to obtain a fortunetelling permit shall post on their business premises a sign containing the following information:

The true name of the fortune-telling practitioner;
Each service provided by the fortune-telling practitioner;
The fees charged for each service provided by the fortune-telling practitioner;
The statement, “by law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates”.

B. Manner of Posting: 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 fortune-telling practitioner. The sign lettering shall be of uniform size with each letter at least one-half inch (1/2") in height.

C. Services Provided At Other Location: If the fortune-telling service is provided at a location other than the fortune-telling practitioner’s permanent place of business, the fortune-telling practitioner shall provide the information required by this section on an eight and one-half inch by eleven inch (8 1/2" x 11") paper, legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortune-telling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortunetelling services.

D. No Fees in Excess of Posted Fees: No person shall charge any fee, payment, remuneration, or item of value for fortune-telling services in excess of the fees set forth on a sign or paper required by this section. [Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2308: RECEIPTS:

A. Prior to the acceptance of any money or item of value from a client, the fortune-telling practitioner shall issue a written receipt to the client, clearly showing the following:

Date:
License number of fortune-telling practitioner;
Name of client, if desired by the client;
Amount of money received or specific description of item of value received; and
Service for which the money or item of value was received.

[Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2309: CLIENT’S RECORD OF CONSULTATION:

No person engaging in fortune-telling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortunetelling practitioner. [Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2310: EXCEPTION; ENTERTAINMENT:

The provisions of this article shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortune-telling 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. [Added by Ord. No. 3279, eff. 12/14/91.]

3-4-2311: EXCEPTION; RELIGIOUS PRACTICE:

A. The provisions of this article shall not apply 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, provided that the minister holding a certificate of ordination from such bona fide church or religious association, shall file with Community Development Department the following documents and information:

Proof of the current State and Federal tax exempt status of such church;
A certified copy of the minister’s certificate of ordination; and,
The minister’s name, age, and the address and telephone number within the City where the activity set forth in this section is to be conducted.

[Added by Ord. No. 3279, eff. 12/14/91; Amended by Ord. No. 3828, eff. 8/24/12.]