Modesto Municipal Code Art. 1 General Provisions

The purpose and intent of the City Council in enacting this chapter is to protect the health, welfare, and safety of the public at large and patrons of fortune-telling 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 and intent of the City Council to minimize the impact upon local neighborhoods caused by concentrations of fortune-telling establishments in localized areas and to provide that such establishments are located in areas designated to serve broader portions of the community.

(Added by Ord. 2390-C.S., § 1, effective 11-26-85)

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) Applicant. A person who is required to file an application for a permit under this chapter, including a fortune-teller, individual owner, managing partner, managing officer of a corporation, or any other operator, manager or employee of a fortune-telling establishment.

(b) For Pay. A fee, reward, donation, loan or receipt of anything of value.

(c) Fortune-Telling. Shall mean telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, 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.

(d) Fortune-Telling Establishment. Any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities defined in subsection (c) of this section.

(e) Fortune-Teller. Any person who, for any consideration whatsoever, engages in the practice of fortune-telling as herein defined unless otherwise excepted.

(f) Person. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

(Added by Ord. 2390-C.S., § 1, effective 11-26-85)

(a) It shall be unlawful and a misdemeanor for any person 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 of Modesto, the operation of a fortune-telling establishment without first having obtained a permit from the City of Modesto as herein required. A fortune-telling establishment permit shall include the right of the individual permittee to practice fortune-telling at such an establishment.

(b) It shall be unlawful and a misdemeanor for any person to act as a fortune-teller in the City of Modesto without first having obtained a permit from the City of Modesto as herein required.

(c) It shall be unlawful and a misdemeanor for any person to act as a fortune-teller in other than a duly licensed fortune-telling establishment.

(Added by Ord. 2390-C.S., § 1, effective 11-26-85)