Lancaster Municipal Code Ch. 5.12 Fortunetelling and Hypnotism

A. The practice of 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 clients.

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

C. The provisions of this chapter requiring a license, posting of fees, providing receipts and allowing client recordation of the consultation, will make it more difficult for an unscrupulous fortuneteller to commit fraud or larceny and yet, as informational regulations, will not affect the nature of the information conveyed by the fortuneteller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the 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 an unscrupulous practitioner as would the practice with an individual client because it is done with a group at a public place for the purpose of entertaining and not to deal with the private concerns of an individual.

E. For these and other reasons, the provisions of this chapter are necessary to protect the health, safety and welfare of the community.

(Prior code § 6-3.1)

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 license therefor.

(Prior code § 6-3.2)

As used in this code:

"For pay" means for a fee, reward, donation, loan or receipt of anything of value.

"Fortunetelling" means and includes 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, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature.

"Tax collector" means the tax collection for the county of Los Angeles or his/her designee.

(Prior code § 6-3.3)

Every natural person who, for pay, conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a license with the tax collector. The application shall contain:

A. The name, home and business address, and home and business telephone numbers of the applicant;

B. The record of conviction for violations of the law, excluding minor traffic violations;

C. The fingerprints of the applicant on a form provided by the Los Angeles County sheriff's department;

D. 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;

E. A nonrefundable application fee in an amount set by council resolution.

(Prior code § 6-3.4)

The tax collector shall approve or conditionallyapprove the license if he or she makes all the following findings:

A. All the information contained in the application and supporting data is true; and

B. The applicant has not, within one year from the date of the application, been convicted of any violation of this chapter or crimes involving prediction of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude; and

C. The applicant has paid the required business license fee; and

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

(Prior code § 6-3.5)

A. Each person required to obtain a permit pursuant to Section 5.12.010 shall post on his or her business premises a sign containing the following information:

1. The true name of the fortunetelling practitioner;

2. Each service provided by the fortunetelling practitioner;

3. The fees charged for each service provided by the fortunetelling practitioner;

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 fortuneteller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.

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

(Prior code § 6-3.6)

Prior to the acceptance of any money or item of value from a client, other than the acceptance of a gratuitous tip given voluntarily by the client, the fortuneteller shall issue a written receipt to the client, clearly showing:

A. Date;

B. Name of client;

C. Amount of money received or specific description of item of value received; and

D. Purpose for which the money or item of value was received.

(Prior code § 6-3.7)

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

(Prior code § 6-3.8)

The provisions of this chapter shall not apply to 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 answer.

(Prior code § 6-3.9)

No person shall carry on, practice, exhibit or teach, for a fee, the business or the art or practice of hypnosis, nor teach for a fee, self-hypnosis to any person undergoing a course of treatment or program of self-improvement except for the following:

A. A person licensed in the practice of psychology pursuant to the Psychology Licensing Law set forth in Business and Professional Code Sections 2900 et seq., may render or offer to render for a fee, services which include hypnosis or the teaching of self-hypnosis.

B. A person may render for a fee, services involving hypnosis or the teaching of self-hypnosis, pursuant to the provisions of and for the purposes set forth in Section 2908 of the Business and Professional Code.

C. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the California Penal Code, may utilize hypnosis in the fulfillment of his or her duties as a peace officer.

(Ord. 696 § 1, 1995: prior code § 6-3.10)