La Puente Municipal Code Ch. 5.28 Fortunetelling

Sections:

• 5.28.010 Permit required.

• 5.28.020 Definition.

• 5.28.030 Additional information required for application.

• 5.28.040 Additional criteria for issuance or denial of permit.

• 5.28.050 Additional grounds for modification, revocation or suspension.

*Prior ordinance history: Ord. 147.

No person shall engage in, conduct or carry on the business of fortunetelling without a permit issued pursuant to Chapter 5.08 of this title. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 788 § 8 (part), 1999)

For purposes of this chapter, “fortunetelling” or “fortunetelling business” is the same as “fortunetelling” or “fortunetelling business” defined in Section 5.04.090 of this title. The activities exempted from the definition of fortunetelling in Section 5.04.090 of this title are likewise exempt from the provisions in this chapter.

(Ord. 788 § 8 (part), 1999)

In addition to the application requirements set forth in Section 5.08.030 of this title, the applicant shall provide the following information:

(a) The two most recent previous business and residential addresses of the applicant;

(b) Two color photographs, taken within six months prior to the date of the application, that clearly show the applicant’s face. Any fees for the photographs shall be paid by the applicant;

(c) Two color photographs of each employee, taken within six months prior to the date of the application, that clearly show the employee’s face. Any fees for the photographs shall be paid by the applicant;

(d) Fingerprints of the applicant and his or her employees in the manner prescribed by the Los Angeles County sheriff’s department;

(e) The driver’s license numbers of the applicant and his or her employees. If the applicant or any of his or her employees does not have a driver’s license, then the applicant shall provide the California identification number of his or her employees and of the applicant;

(f) The applicant’s height, weight, color of eyes and hair, and date and place of birth;

(g) The business license history of the applicant and whether such applicant or any of his or her employees, in previous operations in this or any other city or state has had a license or permit for a fortunetelling business or similar type of business revoked or suspended, and the reason therefor;

(h) The applicant’s convictions and the convictions of his or her employees, within the last five years, of: (i) violating Section 484 of the California Penal Code, and the act which led to the conviction was committed while the applicant was simultaneously engaged in the act of fortunetelling; (ii) violating Section 532 of the California Penal Code, and the act which led to the conviction was committed while the applicant was simultaneously engaged in the act of fortunetelling; or (iii) violating a statute of any jurisdiction outside California where the statute prohibits the same activity prohibited by Section 484 or Section 532 of the California Penal Code, and the act which led to the conviction was committed while the applicant was simultaneously engaged in the act of fortunetelling; and

(i) In the event the applicant is not the owner of record of the real property upon which the fortunetelling business or service is or will be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that a fortunetelling business or service is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the fortunetelling business or activity is or will be located.

(Ord. 788 § 8 (part), 1999)

The director shall grant the permit only if he or she finds that there is no reason to deny the permit under Section 5.08.060(a) of this title and that all of the following requirements have been met:

(a) Operation of the fortunetelling business will not disturb the peace in any adjacent residential zone of the city during the hours of eight p.m. to eight a.m. of the following day. A fortunetelling business disturbs the peace pursuant to this subsection if noise caused by the operation of the fortunetelling business violates the provisions of Chapter 4.34 of this code; and

(b) If the application is for renewal of a permit, the applicant has not violated conditions of the previous permit.

(Ord. 788 § 8 (part), 1999)

In addition to the grounds set forth in Section 5.08.110(a) of this title, a permit authorizing a person to engage in, carry on or conduct the business of fortunetelling shall be modified, revoked or suspended by the city for any of the additional following reasons:

(a) The permittee failed to satisfy any of the criteria set forth in Section 5.28.040 of this chapter;

(b) The permittee failed to comply with any condition imposed by the city on the issuance of the permit; or

(c) The permittee is convicted in a court of competent jurisdiction in this or any city or state, by a final judgment of an offense involving fortunetelling.

(Ord. 788 § 8 (part), 1999)