Ceres Municipal Code Ch. 12 Fortunetelling

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Applicant means a person who is required to file an application for a permit under this chapter, including a fortuneteller, individual owner, managing partner, managing officer of a corporation, or any other operator, manager or employee of a fortunetelling establishment.

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

Fortuneteller means any person who, for any consideration whatsoever, engages in the practice of fortunetelling as defined in subsection C of this section unless otherwise excepted.

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, mind-reading, 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.

Fortunetelling establishment means any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities defined in subsection (c) of this section.

Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The purpose and intent of the City Council in enacting this chapter is to protect the health, welfare, and safety of the public at large and patrons of fortunetelling establishments by ensuring that the services provided by those establishments are, to the greatest extent possible, free from fraud, corruption, vice, trickery and other criminal influences. It is also the purpose and intent of the City Council to minimize the impact upon local neighborhoods caused by concentration of fortunetelling establishments in localized areas and to provide that such establishments are located in areas designated to serve broader portions of the community.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Every application submitted to the Chief of Police shall include the following information:

1. The type of permit for which application is made;

2. The name, including all aliases, by which the applicant is or has ever been known;

3. The applicant's present residence address and the residence addresses and dates thereof for the three years immediately preceding the date of the application;

4. Written proof that the applicant is at least 18 years of age;

5. The applicant's height, weight, color of eyes and hair;

6. The business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

7. The applicant's social security number and driver's license number or California identification card number;

8. The fortunetelling or similar business license or permit history of the applicant including:

a. Whether such person has previously operated in this or another city or state under a license or permit,

b. Whether such person has had such license or permit revoked or suspended and the reason therefor,

c. The business activity or occupation of such person subsequent to such action of suspension or revocation;

9. Whether the applicant has ever been convicted of theft, fraud or crimes involving moral turpitude or any felony involving such offenses unless a period of not less than five years shall have elapsed since the date of conviction or the date of release from confinement for such offenses, whichever is later. The applicant may any certificates of rehabilitation from a court of competent jurisdiction;

10. The location at which the permittee is to be employed;

11. Every application for a permit to operate a fortunetelling establishment shall also set forth the exact nature of the services to be provided and the proposed place of business and facilities therefor;

12. Every application for a permit to operate a fortunetelling establishment shall give the name and address of the owners and lessors of the real property upon or in which the business is to be conducted;

13. If an applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding five percent or more of the stock of the corporation;

The corporation shall designate one of its officers to act as the responsible managing officer of the fortunetelling establishment. Such officer shall complete the application form as an individual applicant under this chapter;

14. If the applicant is a partnership, the application shall also set forth the name and residence address of each of the partners, including limited partners;

The partnership shall designate one of the partners to act as the managing partner of the fortunetelling establishment. Such a partner shall complete the application form as an individual applicant under this chapter. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;

15. Such other identification and information necessary to disclose the truth of matters specified required to be set forth in the application pursuant to subparagraphs 1 through 14 above; and

16. Every application for a permit shall be verified by affidavit, or by declaration or certification, dated and signed by the applicant, under penalty of perjury as provided in the California Code of Civil Procedure.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. All applications for permits for fortunetelling establishments shall be referred by the Chief of Police to the Planning Commission of the City, who shall determine if a proper use permit has been obtained for the proposed location of the use. The Planning Commission shall report to the Chief of Police any conditions placed upon the use permit. No permit shall be issued without a use permit having first been obtained from the Planning Commission.

B. The Chief of Police shall require an applicant to have his or her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant. In addition to permit fees as set forth under section 5.01.140 to be paid, the applicant shall pay for the cost of fingerprinting and processing. The fee for this expense shall be the current fee charged by the Department of Justice of the State of California.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The Chief of Police shall issue all permits after the filed application has been reviewed and approved by Chief of Police. For good cause the Chief of Police may refuse, revoke, or suspend a permit for a fortunetelling establishment, for any of the reasons in section 5.02.040 in addition to the for the following reasons. The Chief of Police shall state the reasons in writing and deliver his or her written determination to the applicant or permittee:

A. That the operation as proposed by the applicant permitted, will not or does not comply with all applicable laws, including but not limited to ordinances relating to planning, zoning or other applicable laws and regulations which the departments named in this chapter have a responsibility to administer, and particularly the provisions of this chapter related to minimum distances between fortunetelling establishments;

B. That the applicant or any other person who will be directly engaged in the management and operation of a fortunetelling establishment has been convicted of any of the offenses enumerated in subsection A.9 of section 5.12.030, or convicted of an offense outside of the State of California that would have constituted any of the described offenses if committed within the State of California.

C. A permit may be issued to any person convicted of any of the offenses enumerated in subsection A.9 of section 5.12.030 if such conviction occurred more than five years prior to the date of the application; or

D. That any of the provisions of this chapter have been violated or that the permittee or fortuneteller is engaged in any conduct at a fortunetelling establishment which violates any State or local law, or ordinance, or that such permittee or any other person acting on the permittee's behalf has refused to allow any duly authorized building inspector or police officer of the City to inspect the premises or the operations therein pursuant to the provisions of this chapter.

E. Any person whose permit is denied or revoked may not apply for a permit to operate a fortunetelling establishment or practice fortunetelling in the City for a period of one year from the date of such revocation.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Every person who proposes to maintain, operate or conduct a fortunetelling establishment in the City shall file an application with the Chief of Police Chief of Police upon a form provided by the City and shall pay a filing fee an amount established by the City Council which shall not be refundable, which may be amended by the City Council from time to time by resolution, and which shall be on file with the City Clerk and the Chief of Police.

B. Every person who proposes to engage in the practice of fortunetelling shall file an application with the Chief of Police upon a form provided by the City and shall pay a filing fee of an amount set by the City Council, which shall not be refundable, and which may be amended by the City Council from time to time by resolution, and which shall be on file with the City Clerk and the Chief of Police.

C. A permit when issued shall state whether it is for a fortunetelling establishment or for a fortuneteller.

D. Fortunetelling establishment applicant(s) must post with the City Clerk, a surety bond in the principal sum amount of $10,000.00 executed as surety by a good and sufficient corporate surety authorized to do a surety business in the State of California and as a principal by the applicant. The form of the bond shall be approved by the City Attorney and shall be 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 of the applicant during the term of the permit.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Permits issued under the provisions of 5.12.050 of this chapter shall be valid for a period of one year from the date of issuance and may be renewable annually.

A. An application for the renewal of a fortunetelling establishment permit shall be accompanied by a filing fee of $85.00 which shall not be refundable, and which may be amended from time to time by the City Council by resolution and which shall be on file with the City Clerk and Chief of Police, and shall contain the same information as in subsection A of section 5.12.030, excluding therefrom subsections A.4, 6, 7, and 8.

B. An application for the renewal of a fortuneteller permit shall be accompanied by a filing fee of an amount set by the City Council, which shall not be refundable, and which may be amended from time to time by the City Council by resolution and which shall be on file with the City Clerk and Chief of Police and shall contain the same information as in subsection A of section 5.12.030, excluding therefrom subsections A.4, 6, 7 and 8.

C. All applications for renewal shall be referred to the Chief of Police, who may require an applicant to have his or her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant. In addition to any permit fees as required pursuant to section 5.12.060 to be paid, the applicant shall pay for the cost of fingerprinting and processing. The fee for this expense shall be the current fee charged by the Department of Justice of the State of California.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Upon the sale, transfer, or relocation of a fortunetelling establishment, the permit therefor shall be null and void. However, upon the death or incapacity of the permittee, a fortunetelling establishment may continue in business for a reasonable period of time, not to exceed three months, to allow for an orderly transfer of the business.

B. No permittee shall operate under any name or conduct his business under any designation or at any location not specified in the permit.

C. Any fortuneteller may have a valid and unexpired permit transferred for use at any other fortunetelling establishment upon written application to the Chief of Police accompanied by a nonrefundable fee of an amount set by the City council, which fee may be amended from time to time by resolution of the City council.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No fortunetelling establishment or any portion of a building in which the fortunetelling establishment is located, shall be used for residential purposes.

B. Fortunetelling establishments may be open for operation only between the hours of 7:00 a.m. and 12:00 midnight, inclusive, of each day, or as otherwise permitted by applicable zoning regulations.

C. No fortunetelling establishment shall be located closer than 1,000 feet to any other licensed fortunetelling establishment, nor shall any fortunetelling establishment be located closer than 1,000 feet from any church or school facility.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Every permittee of a fortunetelling establishment must maintain a register of all fortunetellers employed on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer of the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The Chief of Police shall provide each fortuneteller, or other employee granted a permit with an identification card which shall contain a photograph and the name and permit number of said fortuneteller or employee which must be displayed at all times during the hours of employment.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It shall be unlawful for any individual owner, managing partner, managing officer, or other person in charge of any fortunetelling establishment to employ any person who is not at least 18 years of age.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The Chief of Police shall from time to time cause an inspection to be made of the premises of each fortunetelling establishment in the City for the purpose of determining compliance with the provisions of this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of a fortunetelling establishment to employ any person who is not in possession of a valid permit to practice fortunetelling within a fortunetelling establishment.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The provisions of this section shall not apply to any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations of mind-reading, mental telepathy, thought conveyance, or the giving of horoscopic readings, at public places and in the presence of and within the hearing of other persons 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.

B. 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 a "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:

1. Except as provided in subsection B.3 hereof, 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 defined in this subsection B.

2. The minister holding a certificate of ordination from a church or religious association, as defined in this subsection B, shall file with the Chief of Police a certified copy of the minister's certificate of ordination with the minister's name, age, street address, and phone number in this City where the activity set forth in this subsection B is to be conducted.

3. Such bona fide church or religious association, as defined in this subsection B, may pay to its ministers a salary or compensation based upon 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 such church or religious association.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A violation of any provision of this chapter shall be punishable as an infraction, except where provisions of this title specifically make such violation a misdemeanor.

(Ord. No. 2020-1057, § 1, 3-23-2020)