Article VI — FORTUNETELLING

The practice of fortunetelling is subject to abuse by certain unscrupulous practitioners using the practice to commit fraud and larceny upon clients. The purpose of this article is to identify the operators of the business of fortunetelling in such a manner as to reduce the risk of fraud and larceny to clients. The provisions of this article are necessary to protect the health, safety and welfare of the community at large and the patrons of fortunetelling establishments in particular.

(Ord. No. 1837, § I(4-80), 9-4-90)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

For pay shall mean a fee, reward, donation, loan or receipt of anything of value.

Fortuneteller shall mean any operator who, for any consideration whatsoever, engages in the practice of fortunetelling.

Fortunetelling shall mean and include, but is not limited to, 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 clairvoyance, cartomancy, clairaudience, phrenology, spirits, tea leaves or such reading, mediumship, seership, augury,

palmistry, necromancy, mind-reading, telepathy or other craft, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing or oriental mysteries of any kind or nature.

Operator shall mean any individual, partnership, copartnership, firm, association, joint stock company, corporation or combination of the above in whatever form or character.

(Ord. No. 1837, § I(4-81), 9-4-90)

No operator shall conduct, engage in, carry on, participate in, or practice fortunetelling or cause the same to be done for pay without first registering with the Chief of Police and obtaining a business license as provided in chapter 14 of this Code. A business license shall not be issued until a certificate of registration has been filed with the Tax and License Collector.

(Ord. No. 1837, § I(4-82), 9-4-90; Ord. No. 2031, § VI, 7-21-97)

(a)

Every operator who proposes to maintain, operate, or conduct a fortunetelling establishment and every fortuneteller operating in the Town shall register with the Chief of Police upon a form provided by the Chief of Police and shall pay a nonrefundable processing fee in the amount to be specified by resolution of the Town Council.

(b)

Every registration form submitted to the Chief of Police shall include the following information:

(1)

The name, including any aliases, home address and present business address of the registrant;

(2)

The applicant's height, weight, color of eyes and hair, and the date and place of birth of the registrant;

(3)

The registrant's social security number and driver's license number or State identification card number;

(4)

The address and telephone number of the proposed location for the conduct of business in the Town;

(5)

Whether the applicant has ever been convicted of a crime involving embezzlement, fraud, larceny, false pretenses, misrepresentation, or any other act of deceit or moral turpitude resorted to with intent to deprive

another person of the other person's right, or resulting in injury to another, and if so, the nature of the offense;

(6)

Employment or business record of the applicant for the previous five (5) years; and

(7)

Fingerprints of the registrant on a form provided by the Police Department.

(Ord. No. 1837, § I(4-83), 9-4-90)

(a)

Every operator required to register pursuant to this article shall post on the operator's business premises a sign containing the following information:

(1)

The true name of the fortunetelling practitioner;

(2)

Each service offered and provided by the fortunetelling practitioner;

(3)

The fees charged for each service offered and provided by the fortunetelling practitioner; 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 operator seeking the services of the fortuneteller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.

(Ord. No. 1837, § I(4-84), 9-4-90)

No operator shall charge any fee, payment, remuneration, or item of value for fortunetelling services in excess of the fees set forth on the sign required by this article.

(Ord. No. 1837, § I(4-85), 9-4-90)

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 showing the date, name of client, amount of money received or specific description of item of value received, and purpose for which the consideration was received.

(Ord. No. 1837, § I(4-86), 9-4-90)

(a)

All fortunetelling establishments must comply with chapter 29 of this Code and all other Federal, State and local laws, codes and regulations.

(b)

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

(c)

Fortunetelling establishments may be open for operation only between the hours of 7:00 a.m. and 10:00 p.m., inclusive, of each day or as otherwise permitted by applicable zoning regulations.

(d)

In addition to registering the business with the Chief of Police and obtaining a business license from the Tax and License Collector, every operator of a fortunetelling establishment shall maintain a register of all fortunetellers employed on the premises. Such register shall be available for inspection during regular business hours by any Police Officer of the Town.

(Ord. No. 1837, § I(4-87), 9-4-90; Ord. No. 2031, § VII, 7-21-97)

(a)

Entertainment. The provisions of this article shall not apply to any operator 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 operators in attendance and at which no questions are answered as part of such entertainment except in a manner to permit all operators present at such public place to hear such answers.

(b)

Religious practice. The provisions of this article shall not be construed to include, prohibit or interfere with the exercise of any religious or spiritual function of any priest, minister, rector or accredited representative of either any church exempt from the payment of Federal income taxes under Internal Revenue Code

section 170(b)(1)(A)(i), or any religious organization with a body of believers or communicants which assemble regularly to worship, and which is readily available to the public in its conduct of worship, educational instruction and promulgation of a doctrine or belief.

(Ord. No. 1837, § I(4-88), 9-4-90)

Any fortuneteller or fortunetelling establishment operated, conducted or maintained contrary to the provisions of this article shall be and the same is declared to be a misdemeanor and a public nuisance.

(Ord. No. 1837, § I(4-89), 9-4-90)