Irvine Municipal Code Ch. 5 Fortunetelling and Related Arts

Footnotes:

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Editor's note— The California Supreme Court inSpiritual Psychic Science Church of Truth, Inc., vs. City of Azusa, 39 Cal. 3d 501 (1985), stated that cities may not prohibit fortunetelling but may enact reasonable regulations thereon. By Emergency Interim Ord. No. 86-14, § 1, adopted July 8, 1986, effective for 45 days unless extended pursuant to a duly noticed public hearing, the City Council established land use regulations applicable to such activities. By Urgency Ord. No. 86-16, adopted Sept. 9, 1986, Ord. No. 86-14 was extended for an additional period of 10 months and 15 days, until July 7, 1987. By Urgency Ord. No. 87-17, § 1, adopted July 23, 1987, Ord. No. 86-14 was extended until July 7, 1988. Subsequently, these provisions were amended by § 2 of Ord. No. 88-4, adopted Jan. 12, 1988.

The term "fortunetelling" shall mean the telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, by means of any occult or psychic power or faculty or force, clairvoyance, cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, science, cards, talisman, charms, potions, magnetism, magnetized articles, or substances, oriental mysteries or magic of any kind or nature, or numerology, or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter.

(Code 1976, § II.M-801; Ord. No. 88-4, § 2, 1-12-88)

A. It shall be the duty of the City of Irvine and all officers of the City otherwise charged with the enforcement of the law to enforce this chapter and all provisions of the same. The City Manager, his or her deputies and/or duly authorized assistants with the power to enforce this chapter, in the exercise of their duties imposed hereunder, may examine or cause to be examined all places of business in the City involved with fortunetelling, to ascertain whether the provisions of this chapter have been complied with.

B. The City Manager, his or her deputies and/or duly authorized assistants, and any police officer shall have the power to demand an exhibition of any permit issued hereunder. Any person having any such permit theretofore issued, in his or her possession or under his or her control, who fully fails to exhibit the same on demand shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this chapter. It shall be the duty of the City Manager, his or her deputies and/or duly authorized assistants, to cause a complaint to be filed against any and all persons found to be violating any of said provisions.

(Code 1976, § II.M-802; Ord. No. 88-4, § 2, 1-12-88)

No person shall conduct, engage in, carry on, participate in, or practice fortunetelling or cause the same to be done for any direct or indirect charge, gift, donations, or subscription by any means whatsoever, without having first obtained a fortunetelling permit from the Department of Public Safety.

(Code 1976, § II.M-803; Ord. No. 88-4, § 2, 1-12-88)

Each and every person who requests a fortunetelling permit must have procured a valid current City of Irvine business permit as directed in Irvine Municipal Code Section 4-6-201.

(Code 1976, § II.M-804; Ord. No. 88-4, § 2, 1-12-88)

Every person shall make application on such form as may be prescribed by the City Council from time-to-time.

(Code 1976, § II.M-805; Ord. No. 88-4, § 2, 1-12-88)

No statements on the application for a permit required by the provisions of this chapter shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Such application and each of the several items therein contained shall be subject to verification by the City Manager, his or her deputies and/or authorized assistants.

(Code 1976, § II.M-806; Ord. No. 88-4, § 2, 1-12-88)

No person shall violate any of the terms of a permit issued pursuant to this chapter nor any of the regulations and provisions within this chapter. Each day such violation or violations occur shall constitute a separate offense.

(Code 1976, § II.M-807; Ord. No. 88-4, § 2, 1-12-88)

A. No person shall conduct, carry on, or engage in any of the professions, arts, businesses, or callings for which a license is required by the provisions of this chapter at any place except in an area zoned for that activity under the zoning provisions of the City of Irvine.

B. Home occupation shall require the applicant to comply with all zoning regulations included in the zoning code of the City.

(Code 1976, § II.M-808; Ord. No. 88-4, § 2, 1-12-88)

The permit fee is as established by resolution of the City Council, which may be amended from time-to-time. This fee will recover in part expenses for public safety to make an in-depth investigation as to the validity of the application.

(Code 1976, § II.M-809; Ord. No. 88-4, § 2, 1-12-88)

A. The term of a fortunetelling permit issued pursuant to this chapter, unless sooner suspended or revoked, shall be for a period of one year.

B. A fortunetelling permit, issued pursuant to the provision of this chapter, which has not been suspended or revoked, may be renewed for a period of not to exceed one year on written application to the Director of Public Safety made at least 60 days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required by Section 2-10-514 of this chapter and shall be processed in accordance with the provisions of this chapter.

(Code 1976, § II.M-810; Ord. No. 88-4, § 2, 1-12-88)

Every natural person actively carrying on, conducting or engaging in fortunetelling for which a permit is required shall file a separate application, separate photograph and fingerprints, and pay a separate permit fee as required by the provisions of this chapter. No permittee shall transfer the permit to any other person.

(Code 1976, § II.M-811; Ord. No. 88-4, § 2, 1-12-88)

A. Every person desiring a permit pursuant to this chapter shall file an application form approved by the Department of Public Safety to assist in confirming background information 60 days prior to a license being issued.

B. This form shall request the following:

1. The full, true name and any other names or aliases now or previously used by the applicant.

2. The driver's license and social security cards issued to the applicant.

3. The present address and telephone number of the applicant for residence and business locations.

4. The previous addresses of applicant, if any, for a period of five years immediately prior to the date of the application and dates of residence at each.

5. The applicant's height, weight, color of eyes and hair, and date and place of birth.

6. Two photographs of the applicant to be taken at the Irvine Police Facility.

7. Business, occupation employment history of the applicant for five years immediately preceding the date of application.

8. If in previous operations in Irvine or any other cities, the applicant has had such license or permit for fortunetelling or similar activity revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action or suspension or revocation.

9. All convictions of any crime involving dishonesty, fraud, deceit, or moral turpitude.

10. The fingerprints of the applicant taken by the Department of Public Safety on standard CII forms. Any fees for fingerprint analysis by the Department of Justice must be paid by the applicant at the time of printing. This fee may vary, and is controlled by the Department of Justice.

11. Address of the proposed location for the conduct of the proposed profession, art or business of fortunetelling.

12. Such other identification and information as reasonably may be required in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

(Code 1976, § II.M-812; Ord. No. 88-4, § 2, 1-12-88)

At the conclusion of the investigation, approval of an applicant for a permit required by this chapter, and upon payment of the required fee, the Department of Public Safety shall approve the issuance of the permit if they shall find:

A. The information contained in the application or supporting data is true;

B. The applicant has not, within the previous five years, been convicted of any violation of this chapter or any law relating to dishonesty, fraud, deceit, or moral turpitude;

C. The applicant agrees to abide by and comply with all terms of the permit and applicable laws of the Irvine Municipal Code;

D. That the operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including zoning;

E. No information has been brought to the attention of the Department of Public Safety as a result of the investigation which would require the denial of such permit;

F. That the applicant has been granted a valid, current business permit for the City of Irvine; and

G. That the applicant conforms to all applicable local ordinances or laws relating to this chapter.

(Code 1976, § II.M-813; Ord. No. 88-4, § 2, 1-12-88)

A. If the Department of Public Safety, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this chapter, they shall deny the application and shall notify the applicant by certified mail of such denial, within 60 days of the date of application.

B. Any applicant who is denied a permit by the Department of Public Safety may appeal such denial to the City Manager or designee of the City Manager pursuant to provisions of this chapter.

(Code 1976, § II.M-814; Ord. No. 88-4, § 2, 1-12-88)

A. If the applicant is aggrieved by any decision of the Department of Public Safety with the refusal, suspension or revocation of a permit, he or she may appeal to the City Manager by filing a notice of appeal with the City Clerk. The City Clerk shall thereupon fix a time and place for a hearing of such appeal. The City Clerk shall give notice to such person of the time and place of hearing as herein provided.

B. If the applicant is aggrieved by any decision of the City Manager with respect to the issuance or refusal to issue such permit, he or she may appeal to the Council by filing a notice of appeal with the City Clerk. The City Clerk shall thereupon fix a time and place for hearing such appeal. The Council shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter.

(Code 1976, § II.M-815; Ord. No. 88-4, § 2, 1-12-88)

A. All notices to be given pursuant to the terms of this chapter shall be served by personally serving the notice or by depositing it in the United States mail, certified and postage prepaid, addressed to the person to be notified at his or her last-known address.

B. All hearings hereunder, except on appeal to the City Council, shall be before the City Manager. The City Clerk shall give at least 10 days' notice of the time and place of the hearing to the applicant. The City Manager shall consider all evidence produced and shall make findings thereon. Notice of such findings shall be served on the applicant.

(Code 1976, § II.M-816; Ord. No. 88-4, § 2, 1-12-88)

A. Any permittee transacting and carrying on business at a fixed place of business in the City shall keep the permit available for inspection where such business is carried on.

B. Any permittee transacting or carrying on business but not operating at a fixed place of business in the City shall have his or her business permit upon his or her person at all times while transacting and carrying on such business.

(Code 1976, § II.M-817; Ord. No. 88-4, § 2, 1-12-88)

A. The Department of Public Safety may, based on evidence that any of the provisions of this chapter have been violated, suspend or revoke a permit, provided that written notice by certified mail of such suspension or revocation is furnished to the permittee. The permittee, within 15 days after receipt of notice of suspension or revocation, may file an appeal with the City Clerk to be taken to the City Manager or designee. In the event an appeal is filed within the 15-day time frame, the suspension shall be in effect until the final decision has been rendered by the City Manager or designee.

B. If the permittee fails to take an appeal within the 15-day filing period provided herein, suspension or revocation shall take effect immediately upon expiration of such filing period. Procedures for appeals shall be those set forth in section 2-10-517.

(Code 1976, § II.M-818; Ord. No. 88-4, § 2, 1-12-88)

Upon the discovery of any false statement in the application or any misrepresentation by the applicant in procuring the permit, or in case of death, or bankruptcy, the City Manager may, upon five days' notice to the applicant, cancel and annul the permit; whereupon the applicant shall be amenable to the penalties prescribed in this chapter, from and after the date of the cancellation, as though in this chapter the permit had never been granted.

(Code 1976, § II.M-819; Ord. No. 88-4, § 2, 1-12-88)