La Mesa Municipal Code Ch. 10.04 Fortunetelling

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.

(a) Definitions.

(1) "Fortunetelling" shall mean and include 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, psychology, 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, crystal gazing, oriental mysteries or magic, of any kind or nature.

(2) "For Pay" shall mean for a fee, reward, donation, loan or receipt of anything of value.

(b) Permit Application. 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 business license officer. The application shall contain:

(1) The name, home and business address, and home and business telephone number of the applicant.

(2) The record of conviction for violations of the law, excluding minor traffic violations.

(3) The fingerprints of the applicant on a form provided by the police department.

(4) 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.

(5) An application fee of one hundred dollars.

(c) Investigation. 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 business license officer within fourteen 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. At the time of the filing of the report and recommendation with the business license officer a copy thereof shall be served personally or by certified mail on the applicant, accompanied by a notice to the applicant that he or she may request to be heard when the business license officer considered the application and report.

(d) Hearing and decision by business license officer. The business license officer shall consider the application and the report and recommendation at a hearing held on or before the seventh day after the filing of the report and recommendation referred to in paragraph (c). Notice of the time and place of the hearing shall be given to all parties by the business license officer at least three days prior to the hearing. The applicant for the permit shall be required to attend the hearing. Any interested party shall be heard upon a reasonable request. City shall have the burden of proof to show the permit should be denied. The decision of the business license officer to grant or deny the permit or conditionally grant the permit shall be in writing, and if adverse to the applicant, shall contain findings of the fact and a determination of the issues presented. Unless the. applicant agrees in writing to an extension of time, the business license officer shall make its order denying or granting or conditionally granting the permit within twenty-four 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.

(e) Granting of permit. The business license officer shall grant the permit if he or she makes all the following findings:

(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 section or any law relating to fraud or moral turpitude;

(3) The applicant appeared in person at the hearing; and

(4) The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.

(f) Issuance of the permit. If the business license officer grants the permit, he shall thereafter issue said permit only after the applicant has paid the license fee required by paragraph (b) above.

(g) Term of permit. The term of the permit shall be for no more than the term of a regular business license. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application.

(h) Exception—entertainment. The provisions of this section shall not apply to any person engaged solely 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 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.

(i) Exception—religious practice. 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 or 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 subparagraph (3) hereof, 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 paragraph (i).

(2) The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this paragraph (i), shall file with the business license officer a certified copy of the minister' s name, age, street, address, and telephone number in this city where the activity set forth in this paragraph (i) is to be conducted.

(3) Such bona fide church or religious association, as defined in this paragraph (i), 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. 2406 § 3; November 26, 1985)