Downey Municipal Code Ch. 8 Fortune-Telling

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.

(Added by Ord. 803, adopted 9-10-85; amended by Ord. 883, adopted 2-14-89)

"Fortune-telling"

shall mean 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, crystal gazing, oriental mysteries or magic, of any kind or nature. "For Pay" shall mean for a fee, reward, donation, loan or receipt of anything of value.

(Added by Ord. 803, adopted 9-10-85)

Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortune-telling shall file a separate verified application for a permit with the licensing authority (City Manager). The application shall contain:

1. The name, home and business address, and home and business phone numbers of the applicant.

2. The record of conviction for violations of the law, excluding minor traffic violations.

3. The fingerprints of the applicant on a form provided by the law enforcement agency.

4. The address, City and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.

5. An application fee in the amount established by City Council Resolution.

(Added by Ord. 803, adopted 9-10-85; amended by Ord. 878, adopted 1-10-89)

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 City Manager within 14 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. At the time of the filing of the report and recommendation with the City Manager, a copy thereof shall be served personally or by certified mail on the applicant, accompanied by a notice to the applicant that he or she may request to be heard when the City Manager considers the application and report.

(Added by Ord. 803, adopted 9-10-85)

The City Manager shall consider the application and the report and recommendation. The City shall have the burden of proof to show the permit should be denied. The decision of the City Manager to grant or deny the permit shall be in writing, and if adverse 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 City Manager shall make his order denying or granting the application within 10 days after completion of the Police Department report and shall notify the applicant of its action by personal service or certified mail.

(Added by Ord. 803, adopted 9-10-85)

The City Manager shall approve issuance of the permit if he finds: All the information contained in the application and supporting data is true; the applicant has not, within the previous six months, been convicted of any violation of this article or any law relating to fraud or moral turpitude; the applicant appeared in person at the hearing; and the applicant agrees to abide by and comply with all conditions of the permit and this article.

(Added by Ord. 803, adopted 9-10-85)

If the City Manager approves the permit, the License Collector shall thereafter issue it when the applicant has paid the license fee required by Section 6810.

(Added by Ord. 803, adopted 9-10-85; amended by Ord. 883, adopted 2-14-89)

The term of the permit shall be for no more than the term of a regular business tax certificate or one year from the date of issue, whichever is earlier. A renewal application shall be filed no later than 30 days prior to the expiration of the permit and shall be processed in the same manner as a new application.

(Added by Ord. 803, adopted 9-10-85)

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.

(Added by Ord. 803, adopted 9-10-85)

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:

1. Except as provided in 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 section.

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

3. Such bona fide church or religious association, as defined in this section, 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.

(Added by Ord. 803, adopted 9-10-85)

The license fee for fortune-telling, as defined in Section 6801, shall be $1,000 per year.

(Added by Ord. 803, adopted 9-10-85)

A. Each person required to obtain a permit pursuant to Section 6800 shall post on his or her business premises a sign containing the following information:

1. The true name of the fortune-telling practitioner;

2. Each service provided by the fortune-telling practitioner;

3. The fees charged for each service provided by the fortune-telling practitioner;

4. The statement, "By law this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates."

B. 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-teller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.

C. If the fortune-telling service is provided at a location other than the fortune-teller's permanent place of business, the fortune-teller shall provide the information required by this section on eight and one-half by eleven inch paper and 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 fortune-telling services.

D. No person shall charge any fee, payment, remuneration, or item of value for fortune-telling services in excess of the fees set forth on the sign or paper required by this section.

(Added by Ord. 883, adopted 2-14-89)

Prior to the acceptance of any money or item of value from a client, other than the acceptance of a gratuitous tip given voluntarily by the client, the fortune-teller shall issue a written receipt to the client, clearly showing:

1. Date;

2. Name of client;

3. Amount of money received or specific description of item of value received; and

4. Purpose for which the money or item of value was received.

(Added by Ord. 883, adopted 2-14-89)

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 fortune-teller.

(Added by Ord. 883, adopted 2-14-89)