Fullerton Municipal Code Ch. 7.160 Fortuneteller Establishments, Fortunetellers and Fortuneteller Employees

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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

FORTUNETELLER. Any person who tells a fortune to another person in a fortuneteller establishment for pay.

FORTUNETELLER EMPLOYEE. Any individual other than a fortuneteller and a fortuneteller establishment permittee, who works, whether or not for pay, at the premises of a fortuneteller establishment in any capacity whether as manager, instructor, receptionist, telephone operator or otherwise.

FORTUNETELLER ESTABLISHMENT. Any place where fortunetelling is conducted.

FORTUNETELLING. The 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, 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, or foresight, crystal gazing, oriental mysteries or magic, of any kind or nature.

(Ord. 2556, passed - -1985)

(A) It is unlawful for any person to be a fortuneteller employee unless such person has been issued a permit which has not been revoked under this chapter.

(B) It is unlawful for any person to fortune tell to another person in any fortuneteller establishment within the city unless a permit has been issued and not revoked under this chapter for the operation of such establishment and the person telling such fortune has been issued a permit which has not been revoked under this chapter.

(C) No person shall do or allow others to do any of the acts which are the subject of this chapter except pursuant to a permit issued in accordance with this chapter and at the place of business or establishment set forth in the permit.

(Ord. 2556, passed - -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-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 at which no questions are answered, as part of such entertainment, except to permit all persons present at such places 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 division (B)(3) below, 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 division (B);

(2) The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this division (B), shall file with the Chief of Police a copy of the minister’s certificate of ordination with the minister’s name, age, street address and phone number in the city where the activity set forth in this division (B) is to be conducted; and

(3) Such bona fide church or religious association, as defined in this division (B), 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.

(Ord. 2556, passed - -1985)

(A) Any person may file a written application in duplicate with the Chief of Police upon a form provided for a permit to operate a fortuneteller establishment, to be a fortuneteller employee or to act as a fortuneteller. Each application for a permit to operate a fortuneteller establishment shall be accepted only upon a showing that a fee of $500 for each initial permit applied for pursuant to the provisions of this chapter, and a fee of $200 for each renewal thereof has been paid to the City Treasurer as a fee to investigate such applicant. Each applicant for a permit to be a fortuneteller employee shall be accepted only upon a showing that a fee of $200 for each initial permit applied for pursuant to the provisions of this chapter, and a fee of $50 for each renewal thereof, has been paid to the City Treasurer as a fee to investigate such applicant. A copy of the application to operate a fortuneteller establishment shall be promptly sent by the Chief of Police to the business registration division of the city.

(B) The permits and fees required by this chapter shall be in addition to any license tax, permit or fee required under any other chapter of this code. A permit issued under this chapter for a person to perform fortuneteller services does not authorize such person to operate a fortuneteller establishment. A permit issued under this chapter for a person to operate a fortuneteller establishment does not authorize such person to act as a fortuneteller. However, the holder of a fortuneteller establishment permit need not also hold a fortuneteller or fortuneteller employee permit and the holder of a fortuneteller permit need not also hold a fortuneteller employee permit.

(Ord. 2556, passed - -1985)

Any applicant for a permit shall submit on the form provided the following information:

(A) The full true name and present residence and business addresses of the applicant;

(B) The two previous residence and business addresses immediately prior to the present address of applicant, and the beginning and ending dates at each;

(C) The driver’s license number, if any, and state of issuance;

(D) Written proof that the applicant is over the age of 18 years;

(E) The applicant’s height, weight, color of eyes and hair;

(F) Two portrait photographs at least two by two inches in size;

(G) The business, occupation or employment of the applicant for the three years immediately preceding the date of the application;

(H) The fortunetelling or similar business license history of the applicant, whether the applicant has ever had any such license revoked or suspended, and if so, the reason therefor, and the business activity or occupation engaged in by the applicant, and the place thereof, subsequent to any such action of suspension or revocation;

(I) Whether the applicant has ever been convicted of any crime, other than traffic infractions, and if so, the circumstances thereof and the sentence therefor;

(J) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as may be required to be set forth in the application form;

(K) The Chief of Police may require the applicant to give the fingerprints and additional photographs of the applicant and may confirm the height and weight of the applicant;

(L) All other names previously used by applicant and the dates of use of each such name; and

(M) The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statements must first be furnished from residents of the city, then the county, then the state, and lastly from the rest of the United States. These references must be persons other than relatives or business associates.

(Ord. 2556, passed - -1985)

No permit to conduct a fortuneteller establishment shall be issued unless an inspection by the Chief of Police, or an employee authorized by him or her to do so, reveals that the establishment complies with each of the following minimum requirements.

(A) A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a fortuneteller establishment; provided, that all such signs shall comply with the sign requirements of the city.

(B) Minimum lighting shall be provided in accordance with the City Building Code, and, in addition, at least one artificial light of not less than 40 watts shall be provided and illuminated in each enclosed room or booth where fortunetelling services are being performed.

(C) Minimum ventilation shall be provided in accordance with the City Building Code.

(Ord. 2556, passed - -1985)

(A) Any applicant for a permit under this chapter shall personally appear at the Police Department of the city with the Treasurer’s receipt and the application completed and containing the items and information required by this chapter. The Chief of Police shall have a reasonable time within which to investigate the application and the background of the applicant for the protection of the public interests, and upon the completion thereof, shall either issue and send the permit applied for to the applicant, by registered or certified mail at his or her address shown on the application, or send a written notice in like manner informing the applicant that such permit will not be issued.

(B) The Chief of Police may request the services of any city department to inspect and report upon the condition of the premises proposed to be used for the fortuneteller establishment and the details of any failure of such premises to be in compliance with the provisions of this chapter or any other provision of this code.

(Ord. 2556, passed - -1985)

(A) The Chief of Police may deny a fortuneteller establishment permit, a fortuneteller permit or a fortuneteller employee permit when it is determined that any individual required to comply with § 7.160.050 has:

(1) Within five years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of a fortuneteller establishment, whether as a fortuneteller establishment owner or operator, or as a fortuneteller, or a fortuneteller employee; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a fortuneteller establishment;

(2) Within five years of the date of application has been convicted in a court of competent jurisdiction in or outside the state of any felony offense involving larceny, embezzlement, extortion, false impersonation or cheating;

(3) Within five years of the date of application been convicted in a court of competent jurisdiction of any crime of violence, or conspiracy or attempt to commit any such offense, or any such offense in a jurisdiction outside the state which is the equivalent of any of the aforesaid offenses;

(4) Have ever been subjected to a permanent injunction against the conducting or maintaining of a deceptive or fraudulent practice or any similar provision of law in a jurisdiction in or outside the state;

(5) Knowingly made a false statement or omission of a material fact in the application for the license or permit;

(6) Not attained the age of 18 years; or

(7) The applicant has not posted with the Chief of Police a surety bond in the principal sum amount of $10,000 executed as surety by a good and sufficient corporate surety authorized to do a 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 ensure 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 of the applicant within the city during the term of the permit. Only one bond shall be required if the fortunetelling establishment and the fortuneteller applicant are the same person. No bond is required of a fortuneteller employee.

(B) The Chief of Police shall grant a fortunetelling establishment permit to an applicant who has satisfied the requirements of §§ 7.160.040, 7.160.050, 7.160.060 and division (A) above, unless the establishment, proposed by the permit applicant, would not comply with all other applicable laws, including, but not limited to, the city’s building, zoning and health regulations.

(C) The Chief of Police shall grant a fortune- teller permit to an applicant who has satisfied the requirements of §§ 7.160.040 and 7.160.050 and division (A) above.

(D) The Chief of Police shall grant a fortuneteller employee permit to an applicant who has satisfied the requirements of §§ 7.160.040 and 7.160.050 and division (A) above.

(Ord. 2556, passed - -1985)

(A) The Chief of Police shall issue a permit to operate the fortunetelling establishment and shall issue a permit to perform fortunetelling or to be a fortuneteller employee to any person who is entitled thereto under the provisions of this chapter.

(B) Any permit issued pursuant to this chapter shall expire one year from the date of issuance. Any permit issued shall be nontransferable.

(Ord. 2556, passed - -1985)

Upon any permit required by this chapter being refused, suspended or revoked by the Chief of Police, the applicant or permittee may, within ten days after notice thereof has been sent by certified mail, addressed to the address shown on the application, or otherwise on file with the Chief of Police, file a written request, containing his or her address, with the City Manager for a hearing by him or her to review such action. The City Manager shall set such hearing within 30 days from the receipt of any such request and send, by certified mail, addressed to the person making such request at the address shown therein, a notice of the time and place of such hearing at least 15 days in advance thereof. Within 30 days after the date set for such hearing, the City Manager shall direct the Chief of Police to issue, continue in effect, reinstate, refuse, suspend or revoke such permit. Upon the City Manager so directing any such permit to be refused, suspended or revoked, he or she shall send notice thereof, by certified mail, addressed to the person who requested such review at the address shown therein. Such action by the City Manager shall be final.

(Ord. 2556, passed - -1985)

Every person to whom a permit for a fortunetelling establishment, fortuneteller or fortuneteller employee shall have been issued shall display the permit in an open and conspicuous place therein so that the same may be readily seen by persons entering the premises where the fortunetelling is given. Any police officer shall be allowed to inspect such permit and the display thereof during normal business hours.

(Ord. 2556, passed - -1985)

A change of location of any fortunetelling establishment, having a permit issued and not revoked under this chapter, may be made upon approval by the Chief of Police and the Director of Development Services and upon compliance with all ordinances and regulations of the city and the payment of a change of location fee of $100 to the City Treasurer.

(Ord. 2556, passed - -1985)

No fortunetelling establishment shall be kept open for business and no fortunetelling establishment licensee or fortuneteller shall tell any fortune between the hours of 10:30 p.m. of one day and 7:00 a.m. of the following day.

(Ord. 2556, passed - -1985)

No person to whom a permit for a fortunetelling establishment is issued under the provisions of this chapter shall permit any person to be employed as a fortuneteller employee or fortuneteller unless such person has a permit therefor issued and not revoked pursuant to this chapter.

(Ord. 2556, passed - -1985)

The Chief of Police or his or her designee may inspect or request an inspection and report from the Director of Development Services or from the Fire Chief from time-to-time, and at least twice each year, of each fortunetelling establishment in the city to determine whether there is full compliance with the provisions of this chapter.

(Ord. 2556, passed - -1985)

No person licensed to do business as a fortuneteller establishment permittee, as a fortuneteller or as a fortuneteller employee herein provided shall operate under any name or conduct his or her business under any name not specified on his or her permit.

(Ord. 2556, passed - -1985)

Any permit issued pursuant to this chapter may be suspended or revoked by the Chief of Police where he or she finds by clear and convincing evidence that:

(A) The permittee has violated any provision of this chapter;

(B) The permittee has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any section of the Cal. Penal Code described in § 7.160.075;

(C) The permittee has knowingly made a false statement or omission of a material fact in the application for a license or permit;

(D) The permittee has been subjected to a permanent injunction against the conducting or maintaining of a deceptive practice according to the Cal. Business and Professions Code, or any similar provision of law in any jurisdiction outside the state;

(E) The permittee has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for a fortunetelling establishment;

(F) The permittee has continued to operate the fortunetelling establishment after the license has been suspended or revoked;

(G) The permittee has knowingly allowed a person to work as a fortuneteller or fortuneteller employee who:

(1) Does not have a valid permit; or

(2) Has engaged in conduct or has been convicted of conduct described in division (B) above.

(H) Notice of any such suspension or revocation shall be given in writing delivered or sent by registered or certified mail to the person to whom such permit was issued and shall take effect at the expiration of the tenth day after such mailing unless the permittee has theretofore filed an appeal therefrom to the Chief of Police or City Manager pursuant to § 7.160.090 of this chapter.

(Ord. 2556, passed - -1985)

No person may apply for any permit authorized by this chapter within one year from any denial of any such permit to such person or from the revocation of any such permit to such person, unless the cause of the denial or revocation has been, to the satisfaction of the Chief of Police, cured within such time.

(Ord. 2556, passed - -1985)

Each person to whom a permit has been issued under this chapter shall immediately surrender his or her permit to the Chief of Police or his or her designee upon its revocation or suspension.

(Ord. 2556, passed - -1985)

Upon the sale or transfer of any interest in a fortunetelling establishment, the permit therefor which has been issued under this chapter shall forthwith terminate and expire and shall be thereafter null and void. A new application shall be made by the new owner to operate such fortunetelling establishment. A fee of $500 shall be payable for each such application involving the sale or other transfer of any interest in an existing fortunetelling establishment. The provisions of this chapter shall apply to any person, firm or entity applying for a fortunetelling establishment permit.

(Ord. 2556, passed - -1985)

The provisions of this chapter, as amended, shall be applicable to all activities described herein, whether or not engaged in before or after the effective date of the ordinances codified in this chapter. Any person lawfully engaged in any such activities prior to the effective date of the ordinances codified in this chapter may continue such activities for a period of 60 days and thereafter shall terminate such activities or pay the fee and file the application required by this chapter. Any such person who pays such fee and files such application within that time may continue such activities until 15 days after such application is denied by the Chief of Police or by the City Manager in the event an appeal of a denial by the Chief of Police.

(Ord. 2556, passed - -1985)

(A) Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or whether acting as a participant or worker in any way, or who tells any fortune or conducts any fortunetelling establishment or room or who does or practices any of the other things or acts mentioned in this chapter, in the city, without having a permit issued and not suspended or revoked under this chapter so to do, or violates any provision of this chapter, is guilty of an infraction.

(B) Any owner, operator, manager or permittee in charge, or in control, of a fortunetelling establishment who knowingly employs any person as a fortuneteller or fortuneteller employee who is not in possession of a permit issued under this chapter and not suspended or revoked, and who allows such an employee to perform, operate or practice within such establishment is guilty of a misdemeanor.

(C) Any fortunetelling establishment operated, conducted or maintained contrary to the provisions of this chapter is declared to be a public nuisance and the City Attorney may, in addition to, or in lieu of, prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and may take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such fortuneteller establishments and restrain and enjoin any person from operating, conducting or maintaining a fortunetelling establishment or acting as a fortuneteller or fortuneteller employee, in the city, contrary to the provisions of this chapter.

(Ord. 2556, passed - -1985)

Pursuant to the provisions of Cal. Gov’t Code §§ 36900 and 36901, violations of § 7.160.210(A) shall be infractions. Every violation is punishable by:

(A) A fine of $100 for a first violation;

(B) A fine of $200 for a second violation of this chapter, within one year; and

(C) A fine of $500 for each additional violation of this chapter, within one year.

(Ord. 2556, passed - -1985; Ord. 2784, passed - -1991)

If any word, phrase, clause, sentence or section of this chapter is for any reason invalid, such invalidity shall not impair the validity of any other part of this chapter and the City Council hereby declares that it would have enacted each and every part of this chapter without any such invalidity of any other part thereof.

(Ord. 2556, passed - -1985)