Laguna Woods Municipal Code Ch. 6.38 Commercial Fortunetelling and Psychic Regulations

(a) The practice of commercial fortunetelling, as defined in this chapter, has historically been subject to abuse by certain unscrupulous practitioners using the practice to commit fraud and larceny upon their customers.

(b) It is the purpose of this chapter to regulate the practice of commercial fortunetelling in such a manner as to reduce the risk of fraud and larceny to customers while allowing commercial fortunetellers to provide their services to customers with only minimal restrictions.

(c) The provisions of this chapter requiring a license, posting of fees, providing receipts, and allowing customer recordation of the consultation, will make it more difficult for an unscrupulous commercial fortuneteller to commit fraud or larceny, and yet, as informational regulations, will not affect the nature of the information conveyed by the commercial fortuneteller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the commercial fortuneteller and will not, therefore, impose any undue burden on their practices.

(d) Fortunetelling for entertainment purposes, as defined in this chapter, does not create the same risk of fraud and larceny by unscrupulous practitioners, as would the practice with an individual customer, since it is done with a group in a public place for the purpose of entertaining, and does not involve the private concerns of an individual.

(e) It is the purpose of this chapter to regulate commercial fortunetelling to promote the health, safety, and general welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials.

(Ord. No. 04-03, § 1(6.06.010), 5-19-2004)

(05) Commercial fortuneteller means any person who engages in or performs commercial fortunetelling.

(10) Commercial fortunetelling means fortunetelling for a fee, reward, donation, loan, or receipt of anything of value, except fortunetelling for entertainment or fortunetelling in conjunction with religious practice.

(15) Establishment means and includes any of the following:

(1) The opening or commencement of any commercial fortunetelling business as a new business; or

(2) The conversion of an existing business, whether or not a commercial fortunetelling business, to a commercial fortunetelling business; or

(3) The addition of any commercial fortunetelling business to any other existing business, with or without the expansion of floor area; or

(4) The relocation of any commercial fortunetelling business.

(20) Fortunetelling means and includes the 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, clairvoyancy, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, cards, talisman, charm, potion, energy healing, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter.

(25) Fortunetelling for entertainment purposes means any person engaged solely in the business of entertaining the public by demonstrations of fortunetelling 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.

(30) Particular criminal act and particular criminal acts means convictions for violating the fortunetelling ordinance of any city or county or conviction of California Penal Code § 332.

(35) Person means and includes persons, firms, corporations, partnerships, associations, limited liability companies, joint ventures, or any other form of business organization or group.

(40) Religious purposes means the exercise of any religious or spiritual function of any priest, minister, rector, or an accredited representative of any bona fide church or religion where such priest, minister, rector, or accredited representative holds a certificate of credit, commission, or ordination under the laws of any state or territory of the United States of America or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association synod of the system, or faith with which they are affiliated, provided, however, that any church or religious organization which is organized for the primary purpose of conferring certificates of commission, credit, or ordination for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief, is not deemed to be a bona fide church or religious organization.

(Ord. No. 04-03, § 1(6.06.020), 5-19-2004)

(a) 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, donation, or subscription by any means whatsoever, without having first obtained a license from the City.

(b) No person shall violate any of the terms of a license 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.

(Ord. No. 04-03, § 1(6.06.030), 5-19-2004)

The issuance of fortuneteller licenses shall be based on a three-year renewal cycle. Application for renewal must be submitted a minimum of 30 days prior to license expiration.

(Ord. No. 04-03, § 1(6.06.040), 5-19-2004)

(a) The provisions of this chapter shall not apply to:

(1) Any person solely by reason of the fact that he 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 public places to hear such answers.

(2) Club meetings, classes and conferences related to fortunetelling and the related practices in which general fees are paid for the event or meeting and no individual compensation is paid for personalized readings or services related to defined fortunetelling activities.

(3) Charitable events and fundraiser for qualified 501(c)(3) organizations where the proceeds from fortunetelling activities, including one on one reading, go to the nonprofit organization and not the specific practitioner.

(4) Fortunetellers with valid licenses from other jurisdictions may apply for an exemption from City licensing requirements. The City Manager shall create a list of jurisdictions that are consistent with the intent of the City of Laguna Woods fortuneteller regulations and qualify for the exemption. The applicant's existing license must be at least six months from expiration and the practitioner is subject to all City codes and regulations contained herein. Failure to abide by the City Code shall result in the loss of the exemption and any additional enforcement action that may be required.

(b) No person shall be required to pay any fee or take out any license 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 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, however, that the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious associations;. Such bona fide church or religious association, as defined in this section, may, however, pay to its ministers, missionaries, mediums, or workers a salary or compensation based upon a percentage basis; provided, that the agreement between the church and the minister, missionary, medium or worker, is embodied in a resolution and transcribed in the minutes of such church or religious association.

(Ord. No. 04-03, § 1(6.06.050), 5-19-2004)

(a) Every person desiring a license pursuant to this chapter shall file an application with the City upon a form provided by the City and, at such time, pay the required fee. The application shall be filed at least 60 days prior to the practicing of fortunetelling or conducting such business and shall contain the following information:

(1) The applicant's full name and any other names or aliases used by the individual during the last five years;

(2) Age, date, and place of birth;

(3) Height, weight, and color of hair and eyes;

(4) Present business address and telephone number;

(5) Present residence address and telephone number;

(6) State driver's license or identification number;

(7) Social security number;

(8) A statement describing the business, occupation, or employment history of the applicant for three years immediately preceding the date of the filing of the application;

(9) A statement detailing the license or permit history of the applicant for the three years immediately preceding the date of the filing of the application, including whether such applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended;

(10) A statement listing all criminal convictions or pleas of nolo contendere, for specified criminal acts, except those which have been expunged or sealed by court order, or authorized or required to be kept confidential pursuant to Welfare and Institutions Code §§ 600—900, for five years prior to the date of the application. This disclosure shall include identification of all specified criminal acts, stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court, providing court identifying case numbers or docket numbers;

(11) Payment of an application fee as set by resolution of the City Council; and

(12) Attached to the application form as provided above, two color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on a form provided by the entity providing law enforcement services to the City. For persons not residing in the City, the photographs may be on a form from the law enforcement jurisdiction where the person resides. Any fees for the photographs and fingerprints shall be paid by the applicant. The application form shall be signed under penalty of perjury.

(b) Notwithstanding the fact that an application filed hereunder may be a "public record" under Government Code § 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or social security number, and/or personal financial data. The City Council in adopting the application and licensing system set forth herein has determined in accordance with Government Code § 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The City Clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above.

(Ord. No. 04-03, § 1(6.06.060), 5-19-2004)

(a) Within 30 days following receipt of a completed application and fingerprint clearance, the City Manager shall complete his review of the completed application and either issue the license or mail a written statement of the reasons for denial.

(b) The City Manager shall deny any license to the license applicant where any of the following conditions exist:

(1) The applicant has made one or more material misstatements in the completed application for a license; or

(2) The applicant is a person who has a history of disqualifying conduct including but not limited to theft, fraud or violent crimes; or

(3) The commercial fortuneteller establishment, as proposed by the applicant, would not comply with all the applicable laws, including, but not limited to, all the City's building, fire, zoning, and health regulations; or

(4) The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation related to fortuneteller or fortunetelling.

(Ord. No. 04-03, § 1(6.06.070), 5-19-2004)

Every license holder shall post the license required by this chapter in a conspicuous place upon the permitted premises.

(Ord. No. 04-03, § 1(6.06.080), 5-19-2004)

Prior to the acceptance of any money or item of value from a customer, the commercial fortuneteller shall issue a written invoice to the customer, clearly showing:

(1) The date;

(2) The name of the customer;

(3) The amount of money to be received or specific description of item of value received; and

(4) The purpose for which the money or item of value is to be received.

(Ord. No. 04-03, § 1(6.06.090), 5-19-2004)

No person engaging in commercial fortunetelling shall prohibit a customer from making an audio recording or taking written notes of the information conveyed by the commercial fortuneteller.

(Ord. No. 04-03, § 1(6.06.100), 5-19-2004)

(a) Each person required to obtain a license pursuant to the provisions of this chapter shall post on his business premises a sign containing the following information:

(1) The true name of the commercial fortuneteller; and

(2) Each service provided by the commercial fortuneteller; and

(3) The fees charged for each service provided by the commercial fortuneteller; and

(4) The statement, "By law, this business is prohibited from charging or soliciting any fee, payment, or remuneration beyond these established rates."

(b) The sign required by this section shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the commercial fortuneteller. The sign lettering shall be of uniform size with each letter at lease one-half inch in height.

(c) If the commercial fortunetelling service is provided at a location other than the commercial fortuneteller's permanent place of business, the commercial fortuneteller shall provide the information required by this section on 8½ x 11 inch paper in at least 12-point print or type. The paper shall also include the name and permanent address of the person providing the commercial fortunetelling services. A true, correct, and complete copy of such paper shall be given to each customer prior to providing any commercial fortunetelling services.

(d) No person shall charge any fee, payment, remuneration, or item of value for commercial fortunetelling services in excess of the fees set forth on the sign or paper required by this section.

(Ord. No. 04-03, § 1(6.06.110), 5-19-2004)

(a) If the application for a commercial fortunetelling license is denied by the City Manager, the applicant shall have 15 days from the date the notice was mailed in which to appeal the decision to the City Council. If appealed, notice of the hearing before the City Council shall be mailed to the applicant and to the party filing the appeal if other than the applicant and published in the City's official newspaper, and the hearing shall be held at the earliest possible date authorized by law, but in no event later than 35 days from the date of the City Manager's action to deny the application. The City Council shall act on the appeal within 45 days from the date the application was deemed approved or denied by the City Manager.

(b) If the application for a commercial fortunetelling license is approved or deemed approved by the City Manager's action or, such action or inaction may be appealed by any aggrieved person by filing a notice of appeal with the City Clerk within 15 days of the date of the application's approval or deemed approval and shall be subject to the time limits of this section. The City Clerk shall cause notice of this appeal to be published at least once during the 15-day period and mailed to the applicant and any other person appealing the action or failure to act. The City Council hearing on the appeal shall be held at the earliest possible date authorized by law, but in no event later than 45 days from the date of the City Manager's action to approve, deny, or failure to act on the application. Otherwise, the application shall be deemed approved and the applicant shall be entitled to work as a commercial fortuneteller in the City, subject to the remaining provisions of this chapter and all other applicable laws and City ordinances and regulations.

(Ord. No. 04-03, § 1(6.06.120), 5-19-2004)

(a) A commercial fortunetelling license shall be suspended if the evidence at the hearing establishes any one or more of the following conditions exist:

(1) The conduct of the commercial fortunetelling business or commercial fortuneteller does not comply with all applicable laws, including, but not limited to, the City's fire, building, zoning, or health and safety ordinances; or

(2) The licensee, his employees, agent, partner, director, officer, controlling stockholder, or manager has violated any provision of this title or this Code; or

(3) The commercial fortunetelling business is being operated, managed, or conducted in violation of any condition of approval of the commercial fortunetelling license.

(b) The suspension shall be for a period of up to 30 days or until the violation is corrected, whichever is longer.

(Ord. No. 04-03, § 1(6.06.130), 5-19-2004)

A commercial fortunetelling license shall be revoked and no new commercial fortunetelling license may be requested by the licensee for any location within the City within a one-year period following revocation if the evidence presented at the hearing on the revocation of the license establishes that one or more of the following conditions exists:

(1) The licensee, his employee, agent, partner, director, officer, controlling stockholder, or manager has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a license or permit, or in any report or record required to be filed with the City's law enforcement agency, Health Department, or any other City department or office in connection with the operation of the business; or

(2) The licensee, manager, any agent, employee, or independent contractor of the licensee or manager has been convicted of a felony in a court of competent jurisdiction in conjunction with or as a result of the operation of the commercial fortunetelling business; or

(3) There have been two suspensions of a commercial fortunetelling license within a one year period; or

(4) The licensee or manager continued to operate the commercial fortunetelling business during a period when the commercial fortunetelling license was suspended; or

(5) The licensee has been convicted of a specified criminal act for which the required time period has not yet elapsed.

(Ord. No. 04-03, § 1(6.06.140), 5-19-2004)

(a) If the City Manager, or designee thereof, suspends or revokes a license, the City Clerk shall send to the applicant or licensee, by both certified mail, return receipt requested, and regular first-class mail, written notice of the action. The decision to suspend or revoke the license shall be effective 20 days after the notice of the decision has been deposited in the U.S. mail.

(b) An appeal of the decision to suspend or revoke the license may be made to the City Council by filing a notice of the same with the City Clerk prior to the date on which the decision becomes effective. A properly filed application for appeal stays the decision to suspend or revoke the license until a decision is rendered on the appeal.

(c) The appeal proceedings shall be conducted pursuant to Section 6.38.120 of this chapter.

(Ord. No. 04-03, § 1(6.06.150), 5-19-2004)

The initial application fee, the initial license fee, the annual renewal fee, and all appeal fees for license related activities pursuant to this chapter shall be set by resolution of the City Council.

(Ord. No. 04-03, § 1(6.06.160), 5-19-2004)