Hawaiian Gardens Municipal Code Ch. 9.52 Fortunetelling

For the purposes of this chapter, the words set out in this section shall have the following meanings:

Council means the City Council.

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

Fortunetelling means 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, 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, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic, of any kind or nature.

(Ord. 292 § 2, 1985; Ord. 291 § 2, 1985)

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 first obtained a permit from the Council and without having posted and maintained in full force and effect a surety bond as required in Section 9.52.060.

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 a violation or violations occur shall constitute a separate offense.

(Ord. 292 § 2, 1985; Ord. 291 § 2, 1985)

Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a permit with the City Clerk. The application shall contain:

A. The name, home and business address, and home and business phone 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 Sheriff's 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;

E. Written consent of the property owner is required.

(Ord. 292 § 2, 1985; Ord. 291 § 2, 1985)

Upon the filing of the application, it shall be referred by the City Clerk for investigation, report, and to the proper Law Enforcement Agencies for 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 Council within 30 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 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 Council considers the application and report.

(Ord. 292 § 2, 1985; Ord. 291 § 2, 1985)

A. The Council shall consider the application and the report and recommendation at a hearing held at a regularly scheduled meeting on or before the 14th day after the filing of the report and recommendation referred to in Section 9.52.060.

B. Notice of the 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. City shall have the burden of proof to show the permit shall be denied.

E. The decision of the 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 Council shall make its order denying or granting the application within 24 hours 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 Council who is absent from the hearing or has not read or heard the record of the proceedings shall not vote on the decision.

(Ord. 292 § 2, 1985; Ord. 291 § 2, 1985)

A. The Council shall approve the issuance of the permit if they 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 Council shall deny the permit only if it cannot make each of the findings set forth above.

C. If the Council approves the permit, the City Finance Officer shall thereafter issue the permit when:

1. The fee required by Section 9.52.090 has been paid;

2. The applicant has posted with the City Clerk, surety bond in the principal sum amount of $10,000.00 executed as surety by a good and sufficient corporate surety authorized to do a surety business in the State of California 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 of the applicant within the City during the term of the permit.

3. Alternately, in lieu of the surety bond as provided in paragraph 2. of this subsection, the applicant may post with the City a cash bond in the sum of $1,000.00 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. The form of the bond shall be approved by the City Attorney and given to insure good faith and fair dealing on the part of the applicant.

D. The term of the permit shall be for no more than the term of a regular business tax certificate. A renewal application shall be filed no later than 30 days prior to the expiration of the permit and shall be processed in the same manner as a new application.

(Ord. 300 § 1, 1986; Ord. 292 § 2, 1985; Ord. 291 § 2, 1985)

Upon the discovery of any false or misleading statement in the application or any misrepresentation by the applicant in procuring the permit or upon the termination of the bond required under this chapter or upon the applicant's violation of any provision of this chapter, the Council may conduct a hearing upon five days' written notice to the applicant to determine whether the permit should be revoked.

(Ord. 292 § 2, 1985; Ord. 291 § 2, 1985)

A. The provisions of this section shall not apply to any person solely by reason of the fact that he/she is engaged in the business of entertaining the public by demonstrations of mindreading, 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 and at which no questions are answered, as part of such entertainment, except in a manner to permit all persons present at such 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, as defined in this subsection.

2. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection, shall file with the City Clerk a certified 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 subsection is to be conducted.

3. Such bona fide church or religious association, as defined in this subsection, 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. 292 § 2, 1985; Ord. 291 § 2, 1985)

The permit fee for a fortunetelling permit shall be $500.00 per year for each fortuneteller.

(Ord. 292 § 2, 1985; Ord. 291 § 2, 1985)

Fortunetelling shall be permitted in a commercial zone only.

(Ord. 292 § 2, 1985; Ord. 291 § 2, 1985)