Lincoln Municipal Code Art. I General Provisions

It is the purpose and intent of the city council that the operation of fortunetelling and/or occult arts establishments and persons operating as fortunetellers should be regulated so as to further the public interest, safety and welfare by providing minimum qualifications for such persons. It is the purpose of this chapter to prescribe means of licensing practitioners who engage in fortunetelling for profit so that information about those so engaged is available to the public and the city government.

(Ord. 762B §1(part), 2004)

As used in this chapter:

"Fortuneteller" means any person who advertises by sign, circular, handbill, newspaper, periodical, magazine or other means whatsoever the practice of fortunetelling and/or occult arts, and shall include any person who advertises as a "psychic" or "spiritual reader" or "spiritual counselor" for the purpose of the practice of fortunetelling and/or occult arts.

"Fortunetelling and occult arts" mean engaging for profit, directly or indirectly, in the act of telling of fortune and forecasting of futures by means of an occult, psychic power, faculty, force, clairvoyance, cartomancy, psychology, psychometry, numerology, hypnosis, phrenology, spirits, tea leaves or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, cunning or foresight, crystal gazing, mysteries or magic of any kind or nature.

(Ord. 762B §1(part), 2004)

This chapter shall not apply to:

(1) Any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations or mind reading, mental telepathy, thought conveyance, or the giving or 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 place to hear such answers, when not conducted in connection with the business of fortunetelling;

(2) Any person who conducts or participates 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, further, 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 association;

(3) Nothing in this section shall be construed as exempting any person from the payment of any applicable business license fee which may be required to be paid by the licensing provisions of this Code.

(Ord. 762B §1(part), 2004)