Los Alamitos Municipal Code Ch. 5.28 Fortune-Telling and Similar Practices

Every natural person who engages in, practices or professes to practice, within the city, the business or art of astrology, phrenology, life reading, fortune-telling, cartomancy, clairvoyance, crystal gazing, hypnotism, mediumship, mesmerism, oriental mysteries, palmistry, spirits, etherealization, numerology, physiognomy, seership, prophecy, augury, divination, magic, necromancy, reading of tarot or similar cards, or use of other similar occult powers for any form of compensation, shall pay the sum of $500 for the first year of operation and $250 per year thereafter.

(Ord. 478 § 2, 1985; Ord. 529, 1990)

No person shall commence, engage in or advertise that he or she will engage in any business or activity specified in Section 5.28.010 without first having procured a license as required by the licensing provisions of this chapter or without complying with any and all regulations of such business or activity contained in this chapter or any ordinance of the city. Each person who engages in any of the activities specified in Section 5.28.010 shall procure a license in the manner prescribed in this chapter, regardless of whether or not such person is practicing such activity on behalf of or in conjunction with any corporation, partnership, organization or any other person or persons. The advertisement, commencement or practice of any activity mentioned herein, without first having procured such license when required to do so or without complying with any and all laws of this city, shall constitute a separate violation of this chapter for each and every day such business or activity is so advertised or practiced.

(Ord. 478 § 2, 1985)

Every person desiring to practice a profession, art or business specified in Section 5.28.010 shall submit an application to the city manager. The applicant shall provide the following:

A. Name and address of the applicant;

B. Address of the proposed location for the conduct of the proposed profession, art or business;

C. Record of conviction for violations of the law, excluding minor traffic violations;

D. Two copies of a photograph, one inch by one inch in size, taken within six months of the application;

E. Fingerprints of the applicant on a form approved by the police department;

F. Address, including city and state, and approximate dates when the applicant practiced a similar business, either alone or in conjunction with others;

G. Such other and further information as the city manager may find necessary.

(Ord. 478 § 2, 1985)

The city manager shall make, or cause to be made, an investigation of each application in order to verify the facts contained in the application. After conducting the investigation, the city manager shall approve the issuance of the license if it is found that:

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

B. The applicant has not previously engaged in any fraudulent activity or has not been convicted of a crime involving dishonesty, fraud, deceit or moral turpitude.

(Ord. 478 § 2, 1985)

In the event the city manager denies a permit to any applicant, the city manager shall give the applicant written notice of the denial, in person or by registered mail, stating the reasons or by registered mail, stating the reasons for such denial.

(Ord. 478 § 2, 1985)

Any applicant may file an appeal to the city council with the city clerk from a decision of the city manager denying a license application without 15 days after notice of such decision is given.

A. Contents of Notice of Appeal. Any such appeal shall be in writing and shall specify:

1. The name and address of appellant;

2. The matter being appealed;

3. A statement of the ground of appeal.

B. Hearing on Appeal. The city council shall hold a hearing in the manner provided herein on any appeal duly filed pursuant to the provisions of this section. Notice of such hearing shall be given to the appellant not less than ten days before such hearings either by registered or certified mail, postage prepaid, return receipt requested, addressed to the appellant at the address stated in the notice of appeal or as filed with or known to the city clerk, or in the manner required for the service of summons in civil actions. At the time of the hearing, the council shall hear and consider any relevant evidence. At such hearing, the appellant shall be given an opportunity to appear either personally or by counsel and to be heard and to call witnesses on his or her behalf. The council may place any witness, including the appellant, under oath. The hearing may be continued from time to time as determined necessary by the council or upon request of the appellant upon good cause being shown therefor, in the discretion of the city council.

C. Decision. At the close of the hearing or at any time within 30 days thereafter, the city council shall determine whether to grant or deny the appeal and may impose any conditions it deems necessary. The decision of the city council shall be final.

D. Notice of Decision. Unless the council publicly announces its decision at the close of the hearing, it shall, within thirty days thereafter, cause notice of its decision to be given. Such notice shall be given either by personal delivery thereof to the appellant or to an employee of such appellant at the address set forth in the notice of appeal, providing such appellant is absent from the place of business, or by depositing such notice in the United States Mail in a sealed envelope, first class registered or certified mail, postage prepaid, return receipt requested, addressed to the appellant at the address or to such other address of the appellant as may be filed with or known to the city clerk. Service by mail shall be deemed to have been completed at the time of deposit in a facility of the United States Post Office Department.

(Ord. 478 § 2, 1985)

Any license issued pursuant to this section shall be valid for a period of one year unless revoked by the city manager. Upon the expiration of such license and written request by the applicant, the city manager shall renew the license within ten days of such request if the factual information upon which the original application was granted remains unchanged and there has been no violation of this chapter.

(Ord. 478 § 2, 1985)

The applicant shall post with the city manager a surety bond in the principal sum amount of $5,000 to be executed as surety by a good and sufficient corporate surety authorized to do a surety business in the state of California and as a principal by the applicant. The form of the bond shall have been approved by the city attorney and shall have been 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 unfair dealings suffered by any patron of the applicant within the city during the term of the permit. Only one bond shall be required if the fortune-telling establishment and the fortune-teller applicant are the same person. No bond is required of a fortune-teller employee.

(Ord. 478 § 2, 1985)