Corona Municipal Code Ch. 5.18 Fortunetelling

For the purpose of this chapter, "fortunetelling" means every person advertising by sign, circular, handbill, newspaper, periodical, magazine or other means whatsoever, the telling of fortunes, forecasting of futures or furnishing any information not otherwise obtainable by the ordinary processes of knowledge for or without pay by means of any occult or psychic power, faculty or force, clairvoyance, psychology, psychometry, cartomancy, psychology, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy or other crafty art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, hypnotism, oriental mysteries or magic of any kind of nature.

(`78 Code, § 5.18.010.) (Ord. 2315 § 1 (part), 1997.)

No person shall exercise, practice or engage in any activity, as described in § 5.18.010, unless such person obtains a permit, as provided in this chapter, and pays the application and permit fees required by this chapter.

(`78 Code, § 5.18.020.) (Ord. 2315 § 1 (part), 1997.)

Each and every person desiring to practice, exercise or engage in any of the activities described in § 5.18.010 shall file a written, signed and acknowledged application with the Chief of Police of the city, showing:

(A) The true and fictitious names, aliases and residences of the applicant if an individual, firm, association or partnership or the true and fictitious names and aliases of the principal officers and their residences if the applicant is a corporation. The applicant shall also state the true and fictitious names and aliases of one or more persons whom the applicant shall designate as manager or person in charge of the activities with the residential addresses of the person;

(B) The place of birth, birth date and social security number of each and every applicant;

(C) Name or names under which the applicant proposes to conduct the activity or practice and the business address of the premises where such practice or activity is to be carried on and maintained, giving the street and address number;

(D) The street, city, county and state address where the applicant practiced or conducted any one of the activities described in § 5.18.010, or any business or practice kindred thereto, within 12 months previous to the date of the application, if any, and the name under which the same was conducted at the place;

(E) The length of residence of applicant within the city. No person may make an application under this chapter unless such person has been a bona fide resident of the city for a period of at least 12 consecutive months next preceding the date of such application;

(F) Whether such practice or activity is to be carried on in connection with some other kind of business;

(G) A statement of the nature and character of applicant’s proposed practice or activity;

(H) Whether the applicant or his or her manager, if any, either alone or with someone else, has previously engaged as owner or employee in conducting a similar practice or activity; if so, when, where and how long;

(I) Applicant’s places of previous employment within a period of ten years immediately prior to filing the application. Applicant shall list the city, county, state and street address, giving the street and address number;

(J) Whether applicant is married or single and whether he or she or his or her spouse, if any, have ever been convicted of a felony or misdemeanor; if so, applicant shall state the nature of the offense, date of conviction, the sentence received therefor and the court in which the conviction and sentence was entered;

(K) Whether or not the person or persons who will manage or supervise applicant’s practice and activity have been convicted of a felony or misdemeanor; if so, applicant shall state the nature of such offense, the date of conviction, the sentence received therefor and the court in which the conviction and sentence was entered;

(L) Such other reasonable information as to the identity, character and background of applicant and of the person or persons having the management or supervision of applicant’s business as the Chief of Police may deem necessary.

(`78 Code, § 5.18.030.) (Ord. 2347 § 23, 1998; Ord. 2315 § 1 (part), 1997.)

A nonrefundable fee which shall be established by resolution shall be paid simultaneously with the filing of each application for a permit required under this chapter for the purpose of defraying the expenses incidental to the processing of the application.

(`78 Code, § 5.18.040.) (Ord. 2347 § 24, 1998; Ord. 2315 § 1 (part), 1997.)

(A) After the receipt of a properly completed and filed application, the Chief of Police shall refer the matter for an investigation concerning the statements made in such application, the character and reputation of the applicant and those he stated to be managers or supervisors of his or her practice and activity, the condition of the premises and equipment and methods to be used, with a view to the preservation of public health, peace, safety and welfare.

(B) Prior to the Police Department initiating the investigation and the granting of a permit, the applicant shall file with the Police Department his or her photograph and his or her fingerprints and, subject to acceptance by the Police Department as being satisfactory, shall leave the photograph and fingerprint impressions with the Police Department as a part of the records of the Department, for the purpose of enabling the Department to make any investigation of any complaints which may have been made, if any, against such applicant at any time or place; or the applicant shall be fingerprinted in the usual and approved method for the identification of the applicant by the Police Department and a photograph of the applicant shall be taken and made by the Police Department or under its direction. The photographs shall be permanently affixed to the permit issued to the applicant if the same is issued. In the event the photograph is removed from the permit or becomes defaced so that the original thereof cannot be identified, then the permit, at the option of the Council, may immediately be revoked.

(C) If at the end of 30 days from the date of referral for the report no adverse report has been made by the Police Department as to the record of the applicant, and if applicant’s proposed activity will not, in the opinion of the Police Chief, be detrimental to the public peace, health, safety and welfare, the application shall be deemed completed, and the Chief of Police shall issue a permit, numbered and in due form, allowing applicant to practice the activity specified in the application upon payment of the prescribed permit fee and the filing of a surety bond in the principal sum of $2,000, executed as surety by good and sufficient corporate surety, authorized to do a surety business in the state and as principal by the applicant which shall have been approved by the City Manager as to sufficiency, and by the City Attorney as to form, which bond 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, injury, theft or other unfair dealing suffered by any patron of the applicant within the city during the term of the permit.

(`78 Code, § 5.18.050.) (Ord. 2347 § 25, 1998; Ord. 2315 § 1 (part), 1997.)

The application may be rejected for the following reasons:

(A) If any of the persons named in the application or connected or associated with the applicant in the practice of the proposed activity are not of good moral character, within five years prior to the date of the application have been convicted of a felony or within one year of the date of application have been convicted of a misdemeanor;

(B) If any of such persons have previously been connected with the fortunetelling business, as defined in § 5.18.010, the license or permit for which has been revoked; or

(C) If the activity sought to be permitted does not comply in every way with the rules, regulations and laws applicable thereto. No license shall be refused except for specific reasons and for the protection of the public health, peace, safety, welfare and good order or morals. If the application is rejected, the Chief of Police shall notify the applicant in writing, giving the reason for the same and shall refund all of the deposits made with the application, save and except the cost incurred by the city in investigating the same.

(`78 Code, § 5.18.060.) (Ord. 2347 § 26, 1998; Ord. 2315 § 1 (part), 1997.)

(A) The liability on any bond deposited with the city as required by § 5.18.050 may be terminated upon the filing with the Director of Finance by the surety on the bond of a written notice to the city wherein shall be stated that the surety intends to terminate the liability upon the bond, the termination to become effective 30 days from and after the day upon which such notice of intention to terminate liability is filed with the Director of Finance; provided, however, that in no case shall the termination of liability by the surety on any bond affect any liability incurred prior to the date of termination thereof.

(B) Upon the termination of liability by the surety upon any bond as provided in this chapter, the permit of the principal of the bond shall be automatically revoked.

(`78 Code, § 5.18.070.) (Ord. 2315 § 1 (part), 1997.)

Every natural person actively carrying on, conducting or engaging in any activity for which a permit is required under this chapter and enumerated in § 5.18.010 shall file a separate application, separate photograph and fingerprints and pay a separate application and permit fee as required under this chapter and post a separate bond as provided in § 5.18.050, regardless whether or not such natural person is engaged in such activity on behalf of or for any firm, corporation, partnership, association, society or any other such organization.

(`78 Code, § 5.18.080.) (Ord. 2315 § 1 (part), 1997.)

No transfer of permit as to location or ownership shall be allowed or granted, except after application therefor has been made upon forms provided by the Chief of Police, who may grant or reject such application after an investigation by him, her or other city departments. If the application for transfer is approved, this action shall be endorsed upon the permit by the Chief of Police.

(`78 Code, § 5.18.090.) (Ord. 2347 § 27, 1998; Ord. 2315 § 1 (part), 1997.)

Every person granted a permit in accordance with the provisions of this chapter shall immediately post such permit and keep the same posted while in operation in a conspicuous place upon the premises where such activity is authorized to be carried on. It is unlawful for any person to post such permit or allow it to be posted upon the premises other than those named in the application or knowingly to deface or destroy any such permit. Whenever a permit is lost or destroyed without fault on the part of the owner, or his or her agents or employees, a duplicate permit in lieu thereof may be issued by the Chief of Police in his or her discretion.

(`78 Code, § 5.18.100.) (Ord. 2347 § 28, 1998; Ord. 2315 § 1 (part), 1997.)

It is unlawful to keep open to the public or to conduct the activity and practices defined in § 5.18.010 on any day of the week between the hours of 12:00 midnight and 8:00 a.m.

(`78 Code, § 5.18.110.) (Ord. 2315 § 1 (part), 1997.)

(A) It shall be the duty of the Chief of Police and he or she is authorized and empowered, from time to time, to inspect and examine, or cause to be inspected and examined, the premises where the activity or practices as described in § 5.18.010 are carried on, for the purpose of ascertaining the general reputation and character of the place and of the persons who habitually frequent such place; the name and kind of such activity conducted at such place by the permittee or by any other persons; the nature and kind of entertainment, if any, at such place; and whether such place is conducted in a lawful, quiet or orderly manner. The inspection and examination shall be made when the premises are open to the public for business or otherwise occupied as provided in § 5.18.110.

(B) It shall be his or her duty in the event he or she finds that the activity is not carried on in a lawful, quiet and orderly manner or that the permittee is violating or has violated the provisions of this chapter or any other law of the city or of the state to recommend to the Council that the permit be suspended or revoked. The Council may, upon such recommendation being filed, or upon its own motion, serve or cause to be served upon the permittee a notice specifying the grounds for the complaint and fixing a time and place at which the Council shall hear and determine such charges, which time shall not be less than three days from the date of the service of the notice, at which time and place the person against whom the complaint is filed shall have the opportunity to be heard and to make his or her defense against such complaint.

(`78 Code, § 5.18.120.) (Ord. 2315 § 1 (part), 1997.)

Upon the discovery of any false or misleading statements in the application or any misrepresentation by the applicant in procuring the permit, or upon the failure, neglect or refusal of the applicant to promptly, voluntarily and without notice furnish and file a new bond when the surety on any bond has terminated its liability and cause the same to be approved by the City Manager as to sufficiency of sureties and by the City Attorney as to form, or in case of death, bankruptcy or removal from the city of any one or both of the sureties on the bond, the Council may, upon five days notice to the applicant, cancel and annul the permit, whereupon the applicant shall be amenable to the penalties prescribed in this chapter from and after the date of the cancellation as though the permit has never been granted.

(`78 Code, § 5.18.130.) (Ord. 2315 § 1 (part), 1997.)

Any permittee who violates or permits a violation of the laws of the state, county or of the city within such permitted establishment shall be liable to have his or her permit suspended or revoked by the Council. The Council shall also have the right to suspend or revoke such permit whenever it is shown to its satisfaction that the activity so licensed is being conducted in a manner which is detrimental to the health, morals, peace or safety of the community; provided, however, that any suspension or revocation should be ordered only after the Council has followed the procedure set out in § 5.18.120; and provided, further, however, that when such permit is suspended or revoked, the Council shall notify the permittee in writing and give the reason for such suspension or revocation. When a permit has been revoked, no other permit shall be issued to the same permittee within one year.

(`78 Code, § 5.18.140.) (Ord. 2315 § 1 (part), 1997.)

Any notice provided for in this chapter shall be served either by delivering a copy personally to the permittee; or by leaving a copy with some person of suitable age and discretion at the place of activity of the permittee and actually or apparently in charge thereof; or, if no such person may be found at the place of activity, by posting the notice in a conspicuous place on the premises and mailing a copy of the notice to the permittee at his or her place of activity as set forth in his or her application for a permit.

(`78 Code, § 5.18.150.) (Ord. 2315 § 1 (part), 1997.)

No person shall conduct, carry on or engage in any of the activities described in § 5.18.010 for which a permit is required by the provisions of this chapter, except in an area where the city’s zoning laws, rules and regulations allow such activity.

(`78 Code, § 5.18.160.) (Ord. 2315 § 1 (part), 1997.)

No person engaged in any of the activities enumerated in this chapter shall, while so engaged in such activities, discuss, reveal or purport to foretell anything pertaining to military camps, emplacements, troops movements, supply movements, military ordinance, location of plants or factories engaged in filling military orders, harbors, air fields, shipping or ship movements or any other thing similar in nature which might be detrimental to the internal or military security of the United States.

(`78 Code, § 5.18.170.) (Ord. 2315 § 1 (part), 1997.)

No person shall commence, engage in, carry on or advertise that he or she will engage in or carry on any activity as described in § 5.18.010 without first having procured a permit as required by the permit provisions of this chapter or without complying with any and all regulations of such activity contained in this or any other ordinance of the city. The engaging in any activity described in § 5.18.010 without first having procured such a permit when required to do so or without complying with any and all regulations of such activity contained in this chapter constitutes a separate violation of this chapter for each and every day that such activity is so advertised, engaged in or carried on.

(`78 Code, § 5.18.180.) (Ord. 2315 § 1 (part), 1997.)

The provisions of this chapter shall not apply to or affect the following persons.

(A) 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, when not conducted in connection with the business of fortunetelling. Nothing in this section, however, exempts any person from the payment of the applicable business license fee, if any, required to be paid by the licensing provisions of this code.

(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 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, further, that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious association; provided, further, that such person holding a certificate of ordination from such bona fide church or religious association, as set forth in this section, shall, before practicing such activity specified in this chapter, file with the Chief of Police a certified copy of his or her certificate of ordination, with his or her name, age and street address in this city where he or she intends to carry on such activity. The bona fide church or religious association as defined in this chapter may, however, pay to its ministers, missionaries, mediums or workers a salary or compensation based upon a percentage basis; provided, that the agreement between the church and the minister, missionary, medium or worker is embodied in a resolution and transcribed in the minutes of such church or religious association.

(C) No person shall be required to pay any fee or take out any permit for carrying on the practice of reading tea leaves in any bona fide, regularly established restaurant for the purpose of amusement to the patrons of the restaurant where no charge for the readings is made.

(`78 Code, § 5.18.190.) (Ord. 2347 § 29, 1998; Ord. 2315 § 1 (part), 1997.)

Any person, firm, association, partnership or corporation violating any of the provisions of this chapter is guilty of a misdemeanor.

(`78 Code, § 5.18.200.) (Ord. 2315 § 1 (part), 1997; Ord. 1809 § 28, 1986.)

(A) Appeals - filing. Any person claiming to be aggrieved by a decision of the Chief of Police with respect to the issuance, renewal or refusal to issue or renew the license required by the provisions of this chapter may appeal to the Council by filing a written notice of appeal with the Clerk of the Council. The appellant shall state in the notice the factual and legal grounds, if any, in support of his or her appeal.

(B) Hearings - notice. The City Clerk shall thereupon fix the time and date for the City Council’s hearing the appeal, which date shall not be earlier than ten days from the date the notice of appeal was filed. The Clerk shall give notice to the person of the time, date and place of the hearing by serving him or her personally or by depositing the notice in the United States post office at Corona, California, postage prepaid, addressed to the person at his or her last known address.

(C) Hearings - determinations. The Council shall hear the appellant and the Chief of Police or his or her representative. It may also hear any other person. After the hearing is concluded, the Council shall determine the appeal, and the determination is final. No such determination shall conflict with any substantive provision of this chapter.

(`78 Code, § 5.18.210.) (Ord. 2347 § 30, 1998.)