Duarte Municipal Code Ch. 9.08 Fortunetelling

(a) "Agent" means every person who acts as an agent for any other person, assists or procures customers for another person for the purpose of engaging in anything which is defined in this section as "fortunetelling," or who receives any fee, reward or donation for such procuring.

(b) "Fortunetelling" means every person who engages in, practices or professes to practice, or acts as an agent for, the business or art of astrology, phrenology, life reading, mesmerism, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, spirit photography, spirit writing, spirit voices, spirit psychometry, seership, prophecy, augury, palmistry, materialization, etherealization, numerology, physiognomy, necromancy, clairsentience, dreams, apportism, ectoplasm, levitation, mediumship, seance, sooth-saying, psychic healing, divination by magic, radiesthesia, or any other similar art or business, or craft.

"Fortunetelling" further means (in the alternative) every person who, by means of occult or psychic powers, faculties or forces, spirits, cards, talismans, charms, potions, magnetism or magnetized articles or substances, animal sacrifice or by using parts of animals or human beings, effigies, or any craft or art described in this chapter, or similar art or craft which may be known by another name or title in any other language, which purports to do or does tell fortunes, life readings, find or restore lost or stolen property, locate oilwells, gold or silver, or other ore or metal, restore lost love or affection, unite loved ones, wives, husbands, children, lost relatives or friends, procure lovers, wives or husbands, diagnose disease or injury, cast spells, cause sickness or injury, advise of the past, present or future, or by such means give counseling or advice whatsoever, and who demands, solicits or receives directly or indirectly a fee or reward or who accepts any donation therefor.

(c) "For pay" means for a fee, reward, donation, loan or receipt of anything of value.

(Ord. 607 § 2 (part), 1985)

(a) No person shall conduct, engage in, carry on, participate in, or practice (or act as an agent for) fortunetelling or cause the same to be done for pay without having first obtained a permit from the city council.

(b) No person shall violate any of the terms and conditions of a permit issued pursuant to this chapter, nor any of the regulations and provisions within this chapter. Each day such violation or violations occur shall constitute a separate offense.

(Ord. 607 § 2 (part), 1985)

Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortunetelling, whether as principal or agent, shall file a separate verified application for a permit with the city clerk. The application shall contain or be accompanied by:

(a) The name, home and business address, and home and business phone number of the applicant;

(b) The applicant's record of conviction for violations of law, excluding minor traffic violations;

(c) The Social Security number of the applicant;

(d) The fingerprints of the applicant on a form provided by the Los Angeles County sheriff's department;

(e) The address, city and state, and the approximate dates, if any, where and when the applicant has previously practiced fortunetelling, either alone or in conjunction with others;

(f) A nonrefundable application fee in an amount established by resolution of the city council.

(Ord. 781 § 1 (part), 2006; Ord. 607 § 2 (part), 1985)

Upon the filing of the application, it shall be referred by the city clerk to the sheriff's 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 council 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. At the time of the filing of the report and recommendation with the city council, a copy thereof shall be served personally or by certified mail by the city clerk on the applicant, accompanied by a notice to the applicant who may request to be heard when the city council considers the application and report.

(Ord. 607 § 2 (part), 1985)

(a) The city council shall consider the application and the report and recommendation at a hearing held at a council meeting on or before the twenty-first day after filing of the report and recommendation referred to in Section 9.08.040.

(b) Notice of time and place of the hearing shall be given to all parties by the city clerk at least three days prior to the hearing.

(c) Any interested party shall be heard upon a reasonable request.

(d) The city shall have the burden of proof to show why the permit should be denied; otherwise, it shall be granted.

(e) The decision of the city council 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.

(f) Unless the applicant agrees in writing to an extension of time, the city council shall make its order denying or granting the application within fifteen days after completion of the hearing on the application for a permit and shall notify the applicant of its action by personal service or certified mail.

(g) Any member of the city council who is absent from the hearing and who has not read or heard the record of the proceedings shall not vote on the decision.

(Ord. 607 § 2 (part), 1985)

(a) The city council shall approve the issuance of the permit if it shall find:

(1) All the information contained in the application and supporting data is true.

(2) The applicant has not, within the previous six months, been convicted of any violation of this chapter or any law relating to fraud or moral turpitude.

(3) The applicant appeared in person at the hearing.

(4) The applicant agrees to abide by and comply with all conditions of the permit and this chapter.

(b) The city council shall deny the permit only if it cannot make each of the findings set forth above.

(c) If the city council approves the permit, the city clerk shall thereafter issue said permit only after the applicant has paid the license fee required by Chapter 5.08 of this code and has posted with the city clerk a surety bond in the principal amount of fifteen thousand dollars, executed by a good and sufficient corporate surety business in the state 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.

(d) The term of the initial permit shall not exceed one year. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application. The city council, at its discretion, may grant a permit for a period of less than one year, and may impose such reasonable conditions upon the granting of such permit as, in the discretion of the city council, based upon the evidence presented in connection with the application for the permit, are necessary for the protection of the public health, safety and welfare. The fee for a renewal permit shall be established by resolution of the city council.

(Ord. 781 § 1 (part), 2006; Ord. 607 § 2 (part), 1985)

(a) The provisions of this chapter 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 readings, mental telepathy, thought conveyance, or the giving of horoscopic readings, at public places in the presence of and within the hearing of an audience.

(b) No person shall be required to pay any fee or take out any permit for conducting or participating in a 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 the church, holding regular services and having a creed or set of religious principals that is recognized by all churches of like faith; provided that:

(1) Except as provided in subdivision (3) of this subsection, 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 the certificate of ordination from such bona fide church or religious association as defined in this section, shall file with the finance director of the city a 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 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.

(c) This chapter does not apply to any activity or profession duly certified or licensed by the state or other competent licensing authority.

(Ord. 607 § 2 (part), 1985)