Carlsbad Municipal Code Ch. 5.50 Fortunetelling and Related Occupations

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless from the context a different or contrary meaning is clearly intended:

"For pay"

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

"Fortunetelling"

means 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, mindreading, 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.

(Ord. 6077 § 2, 1985)

No person shall conduct, engage in, carry on, participate in, advertise or practice fortunetelling or cause the same to be done for pay without having first obtained a permit from the Chief of Police and a business license from the license collector. Any permit issued pursuant to this chapter shall be valid for one year from the date of issuance unless suspended or revoked.

(Ord. 6077 § 2, 1985)

Each application for a fortunetelling permit shall be submitted to the Chief of Police on a form provided by the Police Chief and shall contain the following information:

A. The name, home and business address and home and business phone number of the applicant;

B. A record of convictions of violations of law of the applicant and of any person who is employed by the applicant to conduct or conducts fortunetelling on behalf of the applicant;

C. A set of fingerprints and current photograph of the applicant and of any person who is employed by the applicant to conduct or conducts fortunetelling on behalf of the applicant;

D. The address, city and state, and approximate dates where and when the applicant and any person employed by the applicant to conduct or conducting fortunetelling on behalf of the applicant practiced a similar business either alone or in conjunction with others;

E. A site plan showing the location of the business and the interior layout;

F. An application fee of $150.00.

(Ord. 6077 § 2, 1985)

Upon receipt of a complete application and fee the Police Chief shall, within a reasonable period of time not to exceed 30 days, conduct an investigation to verify the facts contained in the application and shall grant a fortunetelling permit if the chief makes all of the following findings:

A. That all the information contained in the application and supporting data is true;

B. The applicant or any person employed by the applicant to conduct or conducting fortunetelling on behalf of the applicant has not, within the previous two years, been convicted of any violation of this chapter or any law relating to fraud or moral turpitude;

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

D. The City Planner has certified that the business location complies with the provisions of Title 21 of this code.

(Ord. 6077 § 2, 1985; Ord. NS-676 § 4, 2003; Ord. CS-164 § 10, 2011)

A fortunetelling permit shall be issued only after the applicant has paid the license fee required by Section 5.08.160.

(Ord. 6077 § 2, 1985)

A fortunetelling permit shall be valid for the same period of time and shall run concurrently with the term of the regular business license issued for the fortunetelling business.

(Ord. 6077 § 2, 1985)

A fortunetelling permit may be revoked at any time by the Chief of Police after providing not less than 10 days' notice and a hearing to the applicant. A permit may be revoked if the applicant or any person employed by the applicant to conduct or conducting fortunetelling on behalf of the applicant violates any provision of this chapter or, if during the permit period, any event occurs which would disqualify the applicant from the issuance of a permit.

(Ord. 6077 § 2, 1985)

If on or before the 45th day prior to the expiration of a currently valid fortunetelling permit the permittee applies for the renewal of the permit the Police Chief shall grant such renewal, provided the chief finds that all the facts set forth in the original application are substantially the same and provided that such application is accompanied by a fee in the amount of $50.00, no part of which is refundable. If all facts set forth in the original application are not substantially the same, the applicant for renewal shall comply with all requirements set forth in the chapter for an initial application for a permit.

(Ord. 6077 § 2, 1985)

If a permittee has had a permit revoked under Section 5.50.070 of this chapter, a new permit shall not be issued unless the permittee qualifies for a new permit under this chapter and in addition posts with the City Clerk a surety bond in the principal amount of $5,000.00 executed as surety by good and sufficient corporate surety doing business in the state and as a principle by the applicant. The form of the bond shall be approved by the City Attorney and shall be given to ensure good faith and fair dealing on the part of the applicant as a guarantee of indemnity for any and all loss, damage, theft or other unfair dealing suffered by any patron or customer of the applicant within the city during the term of the permit.

(Ord. 6077 § 2, 1985)

The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstration of mindreading, mental telepathy, thought conveyance, or the giving of horoscope readings in public places and in the presence of or 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 the public place to hear such answers.

(Ord. 6077 § 2, 1985)

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 or 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 or religious principles that is recognized by all churches of like faith provided that:

A. Except as provided in subsection B of this section, the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to and for the benefit of the bona fide church or religious association, as defined in this section;

B. Such bona fide church or religious association, as defined in this section, may pay to its ministers a salary or compensation based on 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 said church or religious organization.

(Ord. 6077 § 2, 1985)