La Verne Municipal Code Ch. 5.20 Fortunetelling

As used in this chapter, "fortunetelling" means the telling of fortunes, forecasting the future or furnishing any information by means of astrology, phrenology, cartomancy, crystal gazing, divination, prophecy, augury, occult or psychic powers, telepathy, clairvoyance, numerology, psychometry, spirits mediumship, seership, palmistry, necromancy, biochart, or any similar business or craft of a similar nature.

(Prior code § 6509.01)

No person shall conduct, engage in, carry on or practice fortunetelling for gain or pay, or operate a business establishment where the same is conducted, carried on, engaged in or practiced for gain or pay, without first obtaining a regulatory permit from the city.

(Prior code § 6509)

A. Nothing in this chapter shall apply to any person solely by the reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations of fortunetelling at public places in the presence of and within the hearing of other persons.

B. No person shall be required to pay any fee or take out any permit for conducting or participating in a religious ceremony or service when such person has been ordained by a bona fide church or religious association provided that the fees, gratuities and proceeds shall be regularly accounted for and paid solely to or for the benefit of the church or religious association. Any individual wishing to be excepted from the requirement of a permit under this chapter pursuant to this subsection shall file with the business license official a copy of his or her certificate of ordination and provide his or her name, age, street address and phone number and the location in the city where the activity set forth in this section is to be conducted.

C. This chapter shall not apply to any activity or profession duly certified or licensed by the state or other competent licensing authority.

(Prior code § 6509.02)

An applicant for a permit for a fortuneteller shall provide:

A. Applicant's name, home and business addresses, home and business telephone numbers, and driver's license number;

B. Written proof that the applicant is over the age of eighteen years;

C. Written statements of at least two persons that the applicant is of good moral character;

D. Applicant's height, weight, color of eyes and hair;

E. Two portrait photographs of at least two inches by two inches;

F. Business, occupation or employment history of the applicant for the three years immediately preceding the application;

G. Copies of business and professional licenses of the applicant, and a statement whether the applicant has had a license for any business or similar activity issued by this or any other city, by the county or by the state revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action or suspension or revocation;

H. All convictions, except for traffic violations, and the reasons therefor;

I. Such other information as the city may reasonably require;

J. Payment of the required filing fee.

(Prior code § 6509.03)

No licensee or persons required by Section 5.08.020 to obtain a business license shall hire or employ a fortuneteller unless that person possesses a valid regulatory permit issued by the city.

(Prior code § 6509.04)

No holder of a permit under this chapter shall conduct or operate a fortuneteller establishment, or engage in any activity requiring a permit under this chapter between the hours of ten-thirty p.m. and seven a.m. of any day.

(Prior code § 6509.05)

If the city determines that a permit shall be issued, it shall be issued after the applicant has posted a surety bond with the city in the principal sum of ten thousand dollars, executed as surety by a good and sufficient corporate surety authorized to do surety business in the state. The form of the bond shall have been approved by the city attorney. The bond shall be to insure good faith and fair dealing on behalf of the applicant and is 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. Alternatively, a cash bond may be posted.

(Prior code § 6509.06)

A permit under this chapter may, after hearing before the city, be denied or revoked on any of the following grounds:

A. The business is or has been a public nuisance;

B. The applicant is unfit to be trusted with the privileges granted by such permit, and that the applicant, the applicant's agent or employee, or any person connected or associated with the applicant, as partner, director, stockholder or manager has committed or abetted in the commission of any crime involving prostitution, fraud, theft, any offense involving the use or possession of dangerous drugs or narcotics, or any offense involving moral turpitude;

C. The operation as proposed by the applicant does not comply with all applicable laws, including, but not limited to, the city's building, zoning, health and sign regulations;

D. The applicant has wilfully made false statements on the permit application.

(Prior code § 6509.07)

A copy of the permit issued to the permittee shall be posted in a conspicuous place on the premises described in the permit. It shall contain an endorsement indicating that the city, by issuing the permit neither condones nor endorses the activity of fortunetelling.

(Prior code § 6509.08)