Modesto Municipal Code Art. 4 Enforcement

The Chief of Police shall from time to time cause an inspection to be made of the premises of each fortune-telling establishment in the City of Modesto for the purpose of determining compliance with the provisions of this chapter.

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

It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of a fortune-telling establishment to employ any person who is not in possession of a valid, unrevoked permit to practice fortune-telling within a fortune-telling establishment.

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

All persons who possess an outstanding business license heretofore issued for the operation of a fortune-telling establishment must apply for and obtain a permit within ninety (90) days of the effective date of this chapter. Failure to do so and continued operation of a fortune-telling establishment or continued employment as a fortune-teller of such an establishment without a permit shall constitute a violation of this chapter.

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

(a) The provisions of this section shall not apply to any person solely by reason of the fact that he or 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 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.

(b) No person shall be required to pay any fee or take out any permit for conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant, or when such person is studying under, receiving instruction, or operating under the direction of a person holding a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant, hereinafter collectively referred to as a minister, 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 (3) hereof, the fees, gratuities, emoluments, 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 subsection (b).

(2) The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection (b), shall post such certificate at the location of the activity described in this section and shall show such certificate on demand by any person or police officer.

(3) Such bona fide church or religious association, as defined in this subsection (b), 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.

(Added by Ord. 2390-C.S., § 1, amended by Ord. 2510-C.S., § 3, effective 7-2-87)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective.

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

A violation of any provision of this chapter shall be punishable as an infraction as set forth in Section 1-2.01 of this Code, except where provisions of this chapter specifically make such violation a misdemeanor.

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