Lemoore Municipal Code Ch. 4 Fortunetelling

The purpose of this chapter is to protect the health, welfare and safety of the public at large and patrons of fortunetelling establishments by ensuring that the services provided by those establishments are, to the greatest extent possible, free from fraud, corruption, vice, trickery and other criminal influences. It is also the purpose of this chapter to minimize the impact upon local neighborhoods caused by concentrations of fortunetelling establishments in localized areas and to provide that such establishments are located in areas designated to serve broader portions of the community. (Ord. 2002-10, 8-6-2002)

For the purpose of this chapter, certain terms are defined as follows:

APPLICANT: An individual who is required to file an application for a permit under this chapter, including a fortuneteller, individual, owner, managing partner, managing officer of a corporation, or any other operator, manager, or employee of a fortunetelling establishment.

FOR PAY: A fee, reward, donation, loan or receipt of anything of value.

FORTUNETELLER: Any individual who, for any consideration whatsoever, engages in the practice of "fortunetelling" as herein defined unless otherwise excepted.

FORTUNETELLING: Telling of fortunes, forecasting of futures, or furnishing of any information by means of any occult, psychic power, faculty, force, chiromancy, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such reading, mediumship, telepathy, or other craft art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries, or magic, of any kind or nature, or other means beyond the ordinary process of knowledge.

FORTUNETELLING ESTABLISHMENTS: Any establishment having a fixed place of business where any individual or entity engages in, or carries on, or permits to be engaged in or carried on any activities defined in this section. (Ord. 2002-10, 8-6-2002)

A. It is unlawful and a misdemeanor for any individual to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a fortunetelling establishment without first having obtained a permit from the city as herein required. A fortunetelling establishment permit shall include the right of the individual permittee to practice fortunetelling at such establishment.

B. It is unlawful and a misdemeanor for any individual to act as a fortuneteller in the city without first having obtained a permit from the city as required.

C. It is unlawful and a misdemeanor for any individual to act as a fortuneteller in other than a duly licensed fortunetelling establishment. (Ord. 2002-10, 8-6-2002)

A. Every individual or entity that proposes to maintain, operate or conduct a fortunetelling establishment in the city shall file an application with the director of finance upon a form provided by the city, together with a nonrefundable filing fee. Said filing fee shall be established by the city council, and may be revised from time to time. This fee is separate from and in addition to the business tax as required by section 3-1A-2-9 of this code.

B. A permit, when issued, shall state whether it is for a fortunetelling establishment or for a fortuneteller.

C. Fortunetelling establishment applicant(s) must post, with the city manager, a surety bond in the principal sum amount of ten thousand dollars ($10,000.00) executed by a good and sufficient corporate surety authorized to do surety business in the state of California. This form of bond shall be approved by the city attorney and shall be given to insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, theft, or other injury suffered by any patrons of the applicant during the term of the permit. (Ord. 2002-10, 8-6-2002)

To obtain the permit required by this chapter, the applicant shall submit an application to the city manager on a form provided by the city manager and shall include such information as may be required by the chief of police to complete his/her investigation. (Ord. 2002-10, 8-6-2002)

A. All applications for permits for fortunetelling establishments shall be referred by the city manager to the planning department, which shall make written recommendations to the city manager concerning compliance with the laws and ordinances that he/she administers and enforces.

B. All applications for permits for fortunetelling establishments or for the practice of fortunetelling shall be referred by the city manager to the chief of police, who shall cause an investigation to be conducted to verify the facts contained in the application. To this effect, the chief of police shall require the applicant to have his/her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant. When the investigation is completed a report and recommendation shall be made in writing to the city manager. (Ord. 2002-10, 8-6-2002)

The city manager shall issue the permit if, based upon the investigation, it is found:

A. That the operation, as proposed by the applicant, would comply with all applicable laws;

B. That the applicant has not been convicted in a court of competent jurisdiction of any of the following offenses:

1. An offense involving use of force or violence upon another individual,

2. An offense involving the element of fraud or theft,

3. A crime requiring registration under section 290 of the California Penal Code, or of any violation of sections 311 through 311.7, 314, 315, 316, 318, or 647 (a), (b) or (d) of the California Penal Code,

4. A crime requiring registration under section 11590 of the California Health and Safety Code, or violations of section 11360, 11366, 11377, 11352, or 11379 of the Health and Safety Code,

5. Any other crime involving moral turpitude,

6. Any of the above substantive offenses as defined in the laws of any jurisdiction other than the state of California or as defined by any law of the state of California in effect before the above sections were adopted;

C. That the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statements of fact in the license application or any other document required by the city in conjunction therewith. (Ord. 2002-10, 8-6-2002)

A. If one or more of the findings set forth in section 5-4-7 of this chapter cannot be made, the permit shall be denied. In the event of denial, notification and reasons for denial shall be communicated by the city manager to the applicant. The denied applicant shall, upon submission of his/her written request, have the right to receive a hearing before the city council. If such a hearing is not requested within ten (10) days of the date of notification of denial of permit by the city manager, the denial shall be final.

B. Any individual who operates a fortunetelling establishment or practices fortunetelling after denial of an application, is guilty of a misdemeanor. (Ord. 2002-10, 8-6-2002)

Permits issued under the provisions of section 5-4-7 of this chapter shall be valid until January 1 of the next year and may be renewable annually. Initial permit application fees will not be prorated; however, application submitted on or after October 1 will be valid until January 1 of the second successive year. All applications for renewal of fortunetelling establishment permits and fortuneteller permits shall be filed with the city manager on forms provided by the city.

A. An application for renewal of a fortunetelling establishment permit shall be accompanied by a nonrefundable filing fee. The amount of the fee shall be established by the city council.

B. An application for renewal of a fortuneteller permit shall be accompanied by a nonrefundable filing fee. The amount of the fee shall be established by the city council.

C. All applications for renewal shall be referred to the chief of police, who may require an applicant to have his/her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant. (Ord. 2002-10, 8-6-2002)

Upon the sale, transfer or relocation of a fortunetelling establishment, the permit therefor shall be null and void; provided, however, that upon death or incapacity of the permittee, a fortunetelling establishment may continue in business for a reasonable period of time, not to exceed three (3) months, to allow for an orderly transfer of the business. No permittee shall operate under the name or conduct his/her business under any designation or at any location not specified in the permit. Any fortuneteller may have a valid permit transferred for use at any other fortunetelling establishment upon written application to the city manager accompanied by a nonrefundable transfer fee. Said transfer fee shall be established by the city council. (Ord. 2002-10, 8-6-2002)

A. No fortunetelling establishment or any portion of a building in which the fortunetelling establishment is located shall be used for residential or sleeping purposes.

B. Fortunetelling establishments may be open for operation only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight, inclusive of each day, or as otherwise permitted by applicable zoning regulations.

C. No fortunetelling establishment shall be located closer than one thousand feet (1,000') to any other licensed fortunetelling establishment.

D. No fortunetelling establishment shall provide service of any kind to any person under the age of eighteen (18) years. It shall be the responsibility of the fortunetelling establishment to verify the customer's age by requiring proper identification. (Ord. 2002-14, 11-5-2002)

A. Every fortunetelling establishment shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such establishment in a conspicuous place so that the same may be readily seen by all individuals entering this establishment.

B. The city manager shall provide each fortuneteller, or other employee granted a permit, with an identification card which shall contain a photograph and the name and permit number of said fortuneteller or employee which must be displayed at all times during the hours of employment. The chief of police or his/her designee shall be responsible for providing the photograph for the identification card. (Ord. 2002-10, 8-6-2002)

It is unlawful for any individual owner, managing partner, managing officer, or other individual in charge of any fortunetelling establishment to employ any individual who is not at least eighteen (18) years of age. (Ord. 2002-10, 8-6-2002)

Every permittee of a fortunetelling establishment shall post a sign in a conspicuous place so that the same may be readily seen by all individuals entering the fortunetelling establishment, printed in bold letters not less than one inch (1") in height, listing the services available and the rate to be charged therefor. No services shall be performed and no sums shall be charged for such services other than those shown on the sign posted. (Ord. 2002-10, 8-6-2002)

Every permittee of a fortunetelling establishment shall post a sign in a conspicuous place so that the same may be readily seen by all individuals entering the fortunetelling establishment, printed in bold letters not less than one inch (1") in height, with the following thereon:

These premises are subject to inspection without notice by authorized officials of the city.

(Ord. 2002-10, 8-6-2002)

The chief of police shall from time to time cause an inspection to be made of the premises of each fortunetelling establishment in the city for the purpose of determining compliance with the provisions of this chapter. (Ord. 2002-10, 8-6-2002)

It is unlawful for any owner, operator, manager, or permittee in charge of or in control of a fortunetelling establishment to employ any individual who is not in possession of a valid, nonrevoked permit to practice fortunetelling within a fortunetelling establishment. (Ord. 2002-10, 8-6-2002)

Any permit issued under this chapter shall be subject to suspension or revocation by the director of finance for violation of any provision of this chapter or for grounds that would warrant denial of the issuance of such permit in the first instance. (Ord. 2002-10, 8-6-2002)

A. Within ten (10) days after any denial, suspension, or revocation of a permit, the individual aggrieved may appeal such action to the city manager by filing a written request for a hearing with the city council. Upon the filing of such a request, the city manager shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be set within thirty (30) days after the request is filed. At the hearing, any individual may present evidence in opposition to or in support of the appellants case. The suspension or revocation of the permit shall be stayed pending a decision of the city council on the appeal.

B. Any individual who operates a fortunetelling establishment or practices fortunetelling after suspension of a permit or after revocation of a permit is guilty of a misdemeanor. (Ord. 2002-10, 8-6-2002)

Any individual whose permit is denied or revoked may not apply for a permit to operate a fortunetelling establishment or practice fortunetelling in the city for a period of one year from the date of such revocation. (Ord. 2002-10, 8-6-2002)

A. The provisions of this chapter shall not apply to any individual solely by reason that he/she is engaged 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 other individuals and at which no questions are answered, as part of such entertainment, except in a manner to permit all individuals present at such public place to hear such answers.

B. No individual shall be required to pay any fee or take out any permit for conducting or participating in any religious ceremony or service when such individual holds a certificate of ordination as a minister, missionary, hereinafter collectively referred to as a minister, 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 that:

1. Except as provided in subsection B3 of this section, the fees, gratuities, emolument 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 section.

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

3. Such bona fide church or religious association, as defined in this section, 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. 2002-10, 8-6-2002)