El Cerrito Municipal Code Ch. 6.65 Fortunetellers

A. No person shall conduct, engage in, carry on, participate in or practice fortunetelling or cause the same to be done for pay without having:

1. First obtained a permit therefor; and,

2. Posted and maintained in full force and effect a surety bond as required by this chapter.

B. The intent of these permit and bond requirements is to provide consumer protection against fraudulent fortunetelling and thereby to promote the general welfare.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. "Fortunetelling" means and includes:

1. Telling of fortunes; or

2. Forecasting of future events; or

3. Purporting to influence future events; or

4. Furnishing of any information not otherwise obtainable by the ordinary process of knowledge.

Fortunetelling does this by means of any occult or psychic power, faculty or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, 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.

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

C. Those persons practicing fortunetelling under this chapter shall be eligible to apply for a home office occupation permit under Title 19 of this code.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Every natural person who actively conducts, engages in, carries on or practices fortunetelling for pay shall file a separate verified application for a permit in the manner specified in Chapter 6.05 of this title. The police chief is the public official who will conduct the investigation.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

The police chief shall grant the permit if all the following findings are made:

A. All the information contained in the application 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;

C. The applicant appeared in person at the hearing;

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

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

If the police chief grants the permit, he/she shall thereafter issue the permit only after the applicant has paid the license fee required by the master fee schedule, and posted with the city clerk a surety bond in the principal amount of one thousand dollars. The form of the bond shall have been approved by the city attorney. The bond 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 or customer of the applicant within the city during the term of the permit.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. The term of the permit shall be for no longer than the term of a regular business license. A renewal application, if any, shall be filed no later than thirty days prior to the expiration of the permit. Upon receipt of a renewal application, the police chief shall automatically renew the permit if:

1. The city has received no written consumer complaints concerning the applicant's business during the prior permit term;

2. The applicant's surety bond remains in effect;

3. The applicant has paid the application renewal fee specified in the master fee schedule.

B. In all other circumstances, the renewal application shall be processed in the same manner as a new application.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Every fortuneteller, at all times while operating under a permit issued pursuant to this chapter, shall have such permit in his/her immediate possession, or on display where he/she is so operating, and shall display such permit upon demand of any customer or of any police officer of the city.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Termination of the surety bond required under Section 6.65.050, or the applicant's violation of any provision of this chapter constitute additional grounds for revocation of any permit issued pursuant to the provisions of this chapter.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. Each person operating under a permit issued pursuant to this chapter shall post, in a conspicuous place on the business premises a sign, titled "Consumer information," containing the following information:

1. The true name of the fortunetelling practitioner;

2. The services provided by the practitioner;

3. The fees charged for each service;

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

5. The statement: "By law, this business is prohibited from recommending, requesting or accepting any funds, or thing of value, to be transferred either temporarily or permanently, to the practitioner, or his/her agents or associates";

6. The statement: "By law, this business is prohibited from purporting to influence future events or the attitude, condition or behavior of any natural person, business entity, enterprise, or public or governmental agency";

7. The statement: "Fraudulent or suspect practices, or any violation of the prohibitions listed should be reported to the City of El Cerrito," and a listing of the telephone numbers and address of the police department.

The letters in the sign title "Consumer Information" must be at least one inch in height, and the other material in the sign must be of uniform size at least one-quarter-inch in height.

B. The applicant shall produce a card of a convenient size and with readable print containing the information in subsections A4, A5, A6, and A7 of this section. This card shall be given to any consumer on request or inquiry, and in any instance where the practitioner solicits a consumer outside his/her place of business.

C. The applicant shall inform the police chief in writing of any changes in services or fees in advance of such change, stating the exact date services and fees will be changed. The purpose of this section is to allow verification of compliance with the above provisions. Nothing in this section shall be construed to imply that the city has the authority to regulate services provided or fees charged by practitioners, other than those herein prohibited.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. Aside from posted fees, no fortunetelling practitioner shall accept or keep any customer's money, property or thing of value, either temporarily or permanently.

B. Aside from posted fees, no fortunetelling practitioner shall demand, request or suggest that any customer deliver any money, property or thing of value to an associate of the practitioner to be kept either temporarily or permanently by such associate.

C. Neither this section nor Section 6.65.090A shall be construed to prevent a fortunetelling practitioner from accepting a gratuitous tip given voluntarily by a customer out of satisfaction with services provided.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by a demonstration of mind-reading, mental telepathy, thought conveyance, or the giving of horoscopic readings at a public place. Such entertainment shall be in the presence of and within the hearing of all other persons in attendance, and no questions shall be 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 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 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;

2. The minister holding a certificate of ordination from such bona fide church or religious association shall file with the police chief a certified copy of the minister's name, age, street address, and telephone number in the city where the activity set forth in this subsection is to be conducted;

3. Such bona fide church or religious association 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 of religious association.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Nothing in this chapter shall be construed as relieving any person engaged in the fortunetelling business from complying with the provisions of Chapter 4.32 of this code.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)