Cathedral City Municipal Code Ch. 5.56 Psychic Activities

Note: Prior ordinance history: Ords. 15 and 95.

No person shall conduct, engage in, carry on, participate in, or practice fortune-telling or cause the same to be done for pay without having first obtained a permit therefor and without having posted and maintained in full force and effect a surety bond as required by this chapter.

(Ord. 121 § 1, 1985)

"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, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, oriental mysteries or magic of any kind or nature or other similar means or act.

"For pay"

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

(Ord. 121 § 1, 1985)

The application, investigation, and permit fees shall be as from time to time set by resolution of the city council.

(Ord. 121 § 1, 1985)

Any person desiring to obtain a permit to operate or engage in any fortune-telling business shall make application to the city code compliance officer. A nonrefundable fee shall be paid to the city to defray, in part, the cost of investigation and report required by this chapter.

B. The application for permit does not authorize operation or engagement in the fortune-telling business.

(Ord. 121 § 1, 1985; Ord. 776 § 4, 2016)

Each application for a fortune-telling permit shall contain the following information:

A. The full, true name and any other names used by the applicant.

B. The present residential address and telephone number of the applicant.

C. The address of the location at which the business is to be conducted.

D. The previous business and residential addresses and telephone numbers of the applicant, if any, for a period of five years immediately prior to the date of the application and the dates at each.

E. The applicant's height, weight, color of eyes and hair, date and place of birth, and sex.

F. Two photographs of the applicant at least two inches by two inches taken within the last six months and fingerprints of the applicant on a form provided by the police department.

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

H. If the applicant, in this or any other city, state, or territory has ever had a license or permit of any kind revoked or suspended, or the applicant has ever been subject to disciplinary action by the issuer of such license or permit, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

I. All convictions within the last five years of any crime involving dishonesty, fraud, deceit, or moral turpitude.

J. Such other identification and information as the code compliance officer may reasonably require in order to discover the truth of the matters required to be set forth in the application.

K. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged.

L. Any individual who will perform fortune-telling for an applicant's business, as an employee, independent contractor, or volunteer, shall complete and sign all application forms in the same manner as an applicant, and a separate fee shall be charged for each individual.

(Ord. 121 § 1, 1985; Ord. 776 § 5, 2016)

Upon the filing of the application, it shall be referred 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 code compliance officer within thirty 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 therein. At the time of the filing of the report and recommendation with the code compliance officer, a copy thereof shall be mailed to the applicant, accompanied by a notice that the applicant may request to be heard when the code compliance officer considers the application and report. Said notice shall state the date, time and place where applicant may appear before the code compliance officer.

(Ord. 121 § 1, 1985; Ord. 776 § 6, 2016)

The code compliance officer shall consider the application and the report and recommendation at a hearing held on or before the seventh day after the filing of the report and recommendation. Notice of the time and place of the hearing shall be given to all parties by the code compliance officer at least three days prior to the hearing. The applicant for the permit may attend the hearing. Any interested party shall be heard upon a reasonable request. The decision of the code compliance officer to grant or deny the permit to the applicant shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the code compliance officer shall make his or her order denying or granting or conditionally granting the permit within twenty-four hours after completion of the hearing on the application for a permit and shall notify the applicant of his or her action by personal service or certified mail.

(Ord. 121 § 1, 1985; Ord. 776 § 7, 2016)

The code compliance officer shall grant the permit if all the requirements for the permit have been met and it has been found that:

A. All the information contained in the application and supporting date is true;

B. 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; and

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

(Ord. 121 § 1, 1985; Ord. 776 § 8, 2016)

Any applicant who is dissatisfied with the decision of the code compliance officer may appeal that decision to the city council pursuant to the provisions of Chapter 2.04 of this code.

(Ord. 121 § 1, 1985; Ord. 776 § 9, 2016)

If the code compliance officer grants the permit, he shall thereafter issue said permit only after the applicant has paid the permit fee and has posted with the city clerk a good and sufficient surety bond in the principal amount of fifteen thousand dollars executed as surety by a corporate surety 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 or customer of the applicant within the city during the term of the permit. The permit fee and term of bond shall be prorated between date of issuance and date of expiration.

(Ord. 121 § 1, 1985; Ord. 776 § 10, 2016)

The term of the permit shall be the same as the term of a regular business license. A renewal application shall be filed not later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application.

(Ord. 121 § 1, 1985)

The provisions of this chapter shall not apply to any person solely in the business of entertaining the public by demonstrations of mind reading, mental telepathy, thought conveyance, the giving of horoscopic readings or similar activities 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.

(Ord. 121 § 1, 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 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:

A. Except as provided in subsection C, 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 herein defined.

B. The minister holding a certificate of ordination from such bona fide church or religious association, shall file with the code compliance officer a declaration under penalty of perjury which states the minister's name, age, street address, and telephone number in this city where the activity set forth herein is to be conducted.

(Ord. 121 § 1, 1985; Ord. 776 § 11, 2016)

A violation of Section 5.56.010 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions, including, but not limited to, the imposition of administrative fines, set forth in Chapter 13.80.

(Ord. 506 § 3, 1999)

A violation of Section 5.56.010 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 506 § 3, 1999)

Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.

(Ord. 506 § 3, 1999)

In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 13.58, to any person responsible for committing, causing or maintaining a violation of Section 5.56.010 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 506 § 3, 1999)

Note: Former § 5.56.190, Administrative fine, adopted by Ord. 506 was repealed by Ord. 892, 10/22/2025.

A violation of Section 5.56.010 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13.150.

(Ord. 506 § 3, 1999)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140, including, but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of a stop work orders and injunctive relief.

(Ord. 506 § 3, 1999)