Monrovia Municipal Code Ch. 5.76 Fortune Telling

For the purpose of this chapter, the following words and phrases shall be defined as follows, unless it is apparent from the context that another meaning is intended:

CITY COUNCIL. The City Council of the city of Monrovia.

FOR PAY. Any fee, reward, gift, donation, loan or receipt of anything of value.

FORTUNE TELLING. The telling of fortunes, forecasting the future or furnishing any information by means of astrology, phrenology, cartomancy, crystal gazing, divination, prophecy, augury, occult or psychic powers, telepathy, clairvoyance, numerology, psychometry, spirits mediumship, seership, palmistry, necromancy, biochart or any similar business, craft, art or science through the use of cards, talismans, charms, potions, magnetized articles or substances, gypsy cunning, mysteries or magic of any kind or nature.

(`83 Code, § 5.76.010) (Ord. 85-28 § 1 (part), 1985)

(A) No person shall conduct, engage in, carry on or practice fortune telling for pay, or operate a business establishment where the same is conducted, carried on, engaged in or practiced for pay, without first obtaining a permit from the city in the manner set forth in this chapter.

(B) It shall be unlawful for any person to knowingly allow any person to conduct, engage in, carry on or practice fortune telling for pay as defined in this chapter without first obtaining a permit from the city.

(C) No person shall violate any of the terms, conditions, regulations or provisions of a permit issued pursuant to this chapter. Each day any such violation occurs shall constitute a separate offense.

(`83 Code, § 5.76.020) (Ord. 85-28 § 1 (part), 1985)

Every person who conducts, engages in, carries on, or practices fortune telling for pay, or operates a business establishment where the same is conducted, carried on, engaged in or practiced for pay, shall file a separate verified application for a permit with the City Manager. The application shall include or be accompanied by the following:

(A) The name, home address and business address, home and business phone number, social security number, and driver's license number of the applicant;

(B) A list of all criminal violations of the law of which the applicant has been convicted, excluding minor traffic violations;

(C) A recent passport-size photograph of the applicant;

(D) A list which contains the address and dates of when and where the applicant conducted a similar business either alone or in conjunction with others;

(E) A description of the type of fortune telling activity which the applicant proposes to conduct, engage in, carry on or practice, together with references to available literature on that type of activity;

(F) Any other information required by the City Manager;

(G) A permit fee in the amount set forth in a resolution of the City Council.

(`83 Code, § 5.76.030) (Ord. 85-28 § 1 (part), 1985; Ord. 93-17 § 3 (part), 1993)

Upon receipt of the completed written application, the City Manager, with the aid of the Police Department and such other city departments as he or she deems necessary, shall conduct an investigation to determine whether the permit should be issued in accordance with the provisions of this chapter. The applicant shall submit a set of fingerprints if required by the Chief of Police. The investigation shall be conducted to verify the information contained in the application and all other relevant supporting data. After completion of the investigation, the City Manager shall compile a report and submit a written recommendation to the City Council within 15 working days after the completed permit application was filed, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit, the grounds for denial shall be set forth in writing. A copy of the report and the recommendation shall be sent by first-class mail or otherwise made available to the applicant.

(`83 Code, § 5.76.040) (Ord. 85-28 § 1 (part), 1985)

(A) The City Council shall consider the application, report, and recommendation of the City Manager at its next regularly scheduled meeting after the filing of the report and recommendation of the City Manager.

(B) Notice of the time and place of the hearing shall be given to all interested persons, including the applicant, at least five days prior to the City Council meeting.

(C) Any interested party shall be heard upon reasonable request.

(D) The decision of the City Council granting or denying the permit shall be in writing. If adverse to the applicant, it shall contain findings of fact and a determination of the issued presented.

(E) The City Council shall make its order denying or granting the application within 15 days after completion of the hearing on the application for a permit and shall notify the applicant by personal service or certified mail, unless the applicant agrees in writing to an extension of time.

(`83 Code, § 5.76.050) (Ord. 85-28 § 1 (part), 1985)

(A) The City Council shall approve the issuance of the permit if it finds:

(1) All the information contained in the application and supporting data is true, and the applicant made no false, misleading, or fraudulent statement of fact on the application or any other documents required by the city.

(2) The applicant and any other person with a financial interest, or who will be directly engaged in the management and operation of the fortune telling establishment has not been convicted of any violation of this chapter or any law relating to (a) fraud, theft, or any offense involving moral turpitude; (b) an offense involving the use of force or violence upon the person of another; (c) an offense involving the use or possession of dangerous drugs or narcotics; (d) an offense requiring registration under Cal. Penal Code § 290; or (e) a violation of Cal. Penal Code § 647(b) (prostitution).

(3) The operation as proposed by the applicant complies with all applicable laws including but not limited to the city's building, zoning, health and sign regulations.

(4) The applicant agrees to abide by and comply with all conditions of the permit and this chapter.

(B) The City Council shall deny the permit application if any of the conditions set forth above are found against the applicant.

(C) If the City Council approves the permit, the City Manager shall issue the permit provided that:

(1) The fee required by § 5.76.030 has been paid.

(2) The application has posted a surety bond with the City Clerk in the principal sum of $10,000 executed as surety by a good and sufficient corporate surety authorized to do surety business in the state. The form of the bond shall have been approved by the City Attorney and shall have been given to ensure good faith and fair dealing on behalf 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.

(D) The term of the permit shall not exceed one year. The City Council, in its discretion, may grant a permit for a period less than one year and may impose reasonable conditions on the granting of the permit as the Council deems necessary for the protection of public health, safety, and welfare.

(`83 Code, § 5.76.060) (Ord. 85-28 § 1 (part), 1985)

(A) After notice and hearing, the City Manager shall suspend or revoke any permit if it is found that:

(1) The applicant has made any false, misleading, or fraudulent statement of fact in the permit application or any other document required in conjunction therewith.

(2) The operation, as conducted by the applicant, does not comply with all applicable laws, including but not limited to the city's building, zoning, health regulations, and any other conditions imposed in the permit.

(3) The applicant or any other person directly engaged in the management or operation of a fortune telling business has been convicted of any of the offenses listed in § 5.76.060.

(B) (1) Prior to the suspension or revocation of the permit, the City Manager shall hold a hearing to consider the action to be taken. Such hearing shall be held before the City Manager not less than ten days after service of the notice of suspension or revocation upon the Manager of the fortune telling establishment, with a copy thereof mailed to the permittee. The notice shall set forth the time, date, and place of hearing. At such hearing, the permittee or his/her representative may present evidence.

(2) Within five working days after the conclusion of the hearing, the City Manager shall render a decision. If the decision calls for suspension or revocation of the permit, such decision shall be effective immediately upon personal service on the Manager or permittee, or 48 hours after the same has been deposited with the United States Postal Service.

(C) If the permittee is dissatisfied with the action taken by the City Manager, such person may appeal to the City Council.

(D) Every fortune teller issued a permit must surrender such permit to the City Manager upon termination of their employment as a fortune teller at the place or places owned or operated by the employer who employed them in the first instance.

(`83 Code, § 5.76.070) (Ord. 85-28 § 1 (part), 1985)

(A) Any person desiring to renew a permit issued pursuant to this chapter shall file an application with the City Manager no sooner than 30 days prior to expiration of the existing permit. The application shall be accompanied by the fee set forth in a resolution of the City Council.

(B) A permit issued under this chapter shall only be valid at the business address stated therein. No permit holder shall conduct, engage in, carry on or practice fortune telling at another location unless written approval is first obtained from the City Manager. Each application for such approval shall be accompanied by the fee set forth in a resolution of the City Council.

(C) Applications submitted under this section shall be reviewed by the City Manager, who shall then make a report and recommendation to the City Council. The City Council shall approve or disapprove the application pursuant to the provisions of this section.

(`83 Code, § 5.76.080) (Ord. 85-28 § 1 (part), 1985; Ord. 93-17 § 3 (part), 1993)

A copy of the permit issued to the permittee shall be posted in a conspicuous place on the premises described in the permit.

(`83 Code, § 5.76.090) (Ord. 85-28 § 1 (part), 1985)

(A) The provisions of this chapter 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 readings, mental telepathy, thought conveyance, or the giving of horoscopic readings, at public places in the presence of and within the hearing of other persons.

(B) No person shall be required to pay any fee or take out any permit for conducting or participating in a religious ceremony or service when such person holds 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 the church, 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 division (B)(3) of this section, 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 section.

(2) The minister holding the certificate of ordination from such bona fide church or religious association as defined in this section, shall file with the Finance Director of the city a copy of the minister's certificate of ordination with the minister's name, age, street address and phone number in this city where the activity set forth in this section is to be conducted.

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

(C) This chapter does not apply to any activity or profession duly certified or licensed by the state of California or other competent licensing authority.

(`83 Code, § 5.76.100) (Ord. 85-28 § 1 (part), 1985)