Grand Terrace Municipal Code Ch. 5.36 Fortunetelling

Footnotes:

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Prior ordinance history: County code §§ 41.141 and 41.142, and Ordinance 1 § 1(part).

For the purpose of this Chapter, "fortunetelling" means the practice of the art of astrology, palmistry, phrenology, life reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, spirit, augury, devination, necromancy, character reading or fortunetelling by handwriting analysis or other similar business or art, whether predicted by manual or electronic device, and demand or receive directly or indirectly a fee, gift, donation or reward for the exercise or exhibition.

(Ord. 102 § 15(part), 1986)

No person shall conduct or carry on any fortunetelling business or activity without first having applied and received a permit to do so from the City Council as provided in this Chapter, or after any such permit shall be revoked.

(Ord. 102 § 15(part), 1986)

A. Any person required by this Chapter to have a permit shall submit a written application to the City Clerk. A fee as set by resolution of the City Council shall be charged to cover the costs incurred by the City for processing the application and is in addition to the business license tax. The application shall contain:

1. The name and address of the person proposing to operate the business.

2. The method and means used to arrive at these fortunetelling predictions.

3. The proposed location.

4. The operating hours.

B. At the time of filing the applicant shall also furnish to the City Clerk written statements of at least three bona fide residents, who have been residents in the City no less than three years, that the applicant is of good moral character.

(Ord. No. 330, § 23, 5-12-2020; Ord. 102 § 15(part), 1986)

A. Upon the filing of the application required by this Chapter together with the fee, the City Clerk shall transmit one copy to the Chief of Police. The Chief of Police shall report to the City Council in writing recommending the approval or denial of the permit and stating the reasons therefor.

B. The City Council shall not order the issuance of the permit unless all of the following requirements are met:

1. The applicant has submitted a correct and complete application form.

2. The applicant has paid all required fees and taxes.

3. The applicant has not been charged with or convicted of any felony or any crime involving theft, embezzlement or moral turpitude, or committed any act constituting dishonesty or fraud.

4. The time and the place of proposed license activities is in accordance with the regulations set forth in this Chapter.

(Ord. 102 § 15(part), 1986)

A business license application shall be made and a business license tax paid based on gross receipts in accordance with this Code. All permits and licenses shall be issued on an annual basis and expire on December 31st. A renewal permit may be issued upon application to the City Clerk. Any application for renewal must be made before December 31st. A person whose permit has expired shall be deemed a new applicant and shall have to requalify under the provisions of this Chapter. No such renewal shall be issued without first having been submitted to the Chief of Police for his approval. Any objection to the renewal of the application shall be submitted in writing to the City Council for a hearing.

(Ord. 102 § 15(part), 1986)

Churches or recognized religious organizations shall be exempt from permit and license regulations of this Chapter provided that the generated revenue is for the exclusive benefit of the church, all revenue will be deposited directly to the church treasury, no single person will benefit from the generated revenue, and that the church has maintained headquarters or a place of worship in the City for at least one year preceding the date on which the activity shall be initiated. Proof of religious exemption shall be furnished to the City Clerk in the form of a determination letter from the United States Treasury (Internal Revenue Service) relating to federal taxes or a determination letter from the State Franchise Tax Board relating to franchise taxes. All churches or houses of worship shall comply with the regulations of this Code pertaining to conditional use permits.

(Ord. 102 § 15(part), 1986)

Every applicant for a license as a fortuneteller shall, before the issuance of the permit to operate, file with the City a surety bond in the amount of $10,000.00 from a reputable surety company licensed to do business in the State, conditioned that such licensee shall not suffer or permit any fraud or imposition to be practiced upon the public and that he comply with all terms of this Chapter. The bond shall be maintained in the City Clerk's office and shall be renewed annually in accordance with the permit renewal date. Cancellation of the surety bond shall be constituted as a reason for revocation of the permit to operate.

(Ord. 102 § 15(part), 1986)

Any person conducting a business as a fortuneteller shall not provide to any minor child any fortunetelling services without the minor being accompanied by a parent or legal guardian. A readable sign shall be posted at the main entrance identifying the establishment as a fortuneteller premises and no person under the age of 18 is permitted unless accompanied by a parent or guardian.

(Ord. 102 § 15(part), 1986)

Any permit issued under this Chapter may be revoked by the City Council at any time whenever it appears to the City Council that the holder thereof has violated any provisions of this Chapter or that the continued conducting of such business would be detrimental to the City or the inhabitants thereof.

(Ord. 102 § 15(part), 1986)

The premises for which the applicant is issued a permit to conduct the business of fortunetelling shall be subject to inspection by the Chief of Police for purposes of determination that no devices shall be present which might act to deceive or mislead customers of this service. Refusal to allow inspection may be considered grounds for revocation of the permit.

(Ord. 102 § 15(part), 1986)