El Segundo Municipal Code Ch. 9 Fortunetelling

A. The practice of "fortunetelling", as defined in this Chapter, has historically been subject to abuse by certain unscrupulous practitioners using the practice to commit fraud and larceny upon clients.

B. It is the purpose of this Chapter to regulate the practice of fortunetelling in such a manner as to reduce the risk of fraud and larceny to clients while allowing fortunetellers to provide their services to clients with only minimal restrictions.

C. The provisions of this Chapter requiring a permit, posting of fees, providing receipts and allowing client recordation of the consultation, will make it more difficult for an unscrupulous fortuneteller to commit fraud or larceny, and yet, as informational regulations, will not affect the nature of the information conveyed by the fortuneteller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the fortuneteller and will not, therefore, impose any undue burden on their practices.

D. "Fortunetelling" for entertainment purposes, as defined in this Chapter, does not create the same risk of fraud and larceny by an unscrupulous practitioner as would the practice with an individual client because it is done with a group at a public place for the purpose of entertaining and not to deal with the private concerns of an individual.

E. For these and other reasons, the provisions of this Chapter are necessary to protect the health, safety and welfare of the community. (Ord. 1080, 2-4-1986)

As used in this Chapter:

FOR PAY: For a fee, reward, donation, loan or receipt of anything of value.

FORTUNETELLING: Means and includes telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature. (Ord. 1080, 2-4-1986)

No person shall conduct, engage in, carry on, participate in, or practice fortunetelling or cause the same to be done for pay without having first obtained a permit therefor. (Ord. 1080, 2-4-1986)

Every natural person who, for pay, conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a permit with the licensing authority. The application shall contain: (Ord. 1080, 2-4-1986; amd. 2000 Code)

A. The name, home and business address, and home and business telephone number of the applicant;

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

C. The fingerprints of the applicant on a form provided by the Police Department;

D. 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; and

E. A nonrefundable application fee in an amount set by Council resolution. (Ord. 1080, 2-4-1986)

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 licensing authority within fourteen (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 therein. (Ord. 1080, 2-4-1986; amd. 2000 Code)

The licensing authority shall consider the application and the Police Department report and recommendation at a hearing held not less than seven (7) nor more than fourteen (14) days following receipt of the Police Department report described in Section 4-9-5 of this Chapter. Notice of the time and place of the hearing and a copy of the Police Department report shall be given to the applicant personally or by certified mail by the licensing authority at least five (5) days prior to the hearing. Any interested party shall be heard at the hearing. City shall have the burden of proof to show the permit should be denied. The decision of the licensing authority to approve, deny or conditionally approve 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 licensing authority shall make his or her decision approving, denying, or conditionally approving the permit within twenty four (24) hours after completion of the hearing on the application for a permit and shall notify the applicant of his or her action by personal service or certified mail. (Ord. 1080, 2-4-1986; amd. 2000 Code)

The licensing authority shall approve or conditionally approve the permit if he or she makes all the following findings:

A. All the information contained in the application and supporting data is true;

B. The applicant has not, within one year from the date of the application, been convicted of any violation of this Chapter or crimes involving prediction of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude;

C. The applicant has paid the required business license fee; and

D. The applicant agrees to abide by and comply with all conditions of the permit and applicable laws. (Ord. 1080, 2-4-1986; amd. 2000 Code)

The term of the permit shall be for no more than the term of the business license. A renewal application shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application. (Ord. 1080, 2-4-1986)

A. Fees Established: Every person engaged in operating a fortunetelling business "for pay", as defined in Section 4-9-2 of this Chapter, shall pay a license fee in accordance with the following schedule:

1. Basic Fee; Employees: A basic fee of fifty dollars ($50.00) per year and sixty dollars ($60.00) per year for each employee.

2. Square Feet: In addition, each such person shall pay a fee of five cents ($0.05) per square foot of floor area occupied for such business purpose; and

3. Additional Locations: In addition, each such person shall pay ten dollars ($10.00) per year for each additional business location within the City.

B. Determination Of Number Of Employees:

1. For the purpose of determining the number of employees in any business subject to this Section, the term "employee" shall mean any person employed in a full-time, part-time, or temporary capacity and working in said business for a wage, salary, commission, fee or board and room.

2. The number of employees of the said business, for the purposes of this Section, shall be determined by totaling the number of hours worked by all employees (as defined herein) during the license period, and thereafter dividing that number by forty (40), and the result thereof by fifty two (52), or a number less than fifty two (52) which reflects the number of weeks the business operated during the license period.

C. Floor Area Defined: For the purpose of this Section, "floor area" means the total floor space in terms of square footage occupied by an owner, lessee or renter in a building except:

• 1. Elevator shafts;
• 2. Stairwells;
• 3. Courts or atriums uncovered and open to the sky;
• 4. Rooms exclusively housing building operating equipment; and,
• 5. Parking areas. (Ord. 1080, 2-4-1986)

A. Requirement; Information: Each person required to obtain a permit pursuant to Section 4-9-3 of this Chapter shall post on his or her business premises a sign containing the following information:

• 1. The true name of the fortunetelling practitioner;
• 2. Each service provided by the fortunetelling practitioner;
• 3. The fees charged for each service provided by the fortunetelling practitioner; and

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

B. Visibility Of Sign: 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 fortuneteller. The sign lettering shall be of uniform size with each letter at least one- half inch (1/2") in height.

C. Other Location: If the fortunetelling service is provided at a location other than the fortuneteller's permanent place of business, the fortuneteller shall provide the information required by this Section on eight and one-half inch by eleven inch (81/2" x 11") paper and legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortunetelling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortunetelling services.

D. Fee Charged To Comply With Sign: No person shall charge any fee, payment, remuneration, or item of value for fortunetelling services in excess of the fees set forth on the sign or paper required by this Section. (Ord. 1080, 2-4-1986)

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

A. Date;

B. Name of client;

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

D. Purpose for which the money or item of value was received. (Ord. 1080, 2-4-1986)

No person engaging in fortunetelling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortuneteller. (Ord. 1080, 2-4-1986)

A. Entertainment: The provisions of this Chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortunetelling at public places and in the presence of and within the hearing of all other persons in attendance, 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. Religious Practice: The provisions of this Chapter shall not be applicable to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as minister) from any bona fide church or religious association having a creed or set of religious principles that is recognized by all churches of like faith which provides for fortunetelling; provided, that:

1. Except as provided in subsection B3 of this Section, the minister's fees, gratuities, emoluments, and profits 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; (Ord. 1080, 2-4-1986)

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 licensing authority a certified copy of the minister's certificate of ordination and the minister's name, age, street address, and telephone number in this City where the activity set forth in this Section is to be conducted; and

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 or religious association and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association. (Ord. 1080, 2-4-1986; amd. 2000 Code)