Montclair Municipal Code Ch. 4.44 Fortune Telling

"Fortune telling" means the professing of an ability to forecast future events or furnish information on matters hidden to the normal senses by means of any occult, psychic power, faculty, force, psychology or psychometry. Fortune telling includes the practice of astrology, botanomancy, cartomancy, clairaudience, clairvoyance, cleromancy, crystallomancy, fortune telling, genethlialogy, necromancy, numerology, oneiromancy, palmistry, phrenology, or other similar practices.

(Prior code § 5-18.01)

No person shall practice fortune telling with knowledge that they possess no actual ability to predict future events or discover secret matters hidden to the normal senses; nor shall any person practice fortune telling by the use of illusion, sleight of hand, trickery, skilful suggestion, hypnotism, secreting information, gimmickry, photography, recorded or projected sounds or images, device, deception or other fraudulent means. Any person violating or failing to comply with any of the requirements of this chapter shall be liable under the provisions set forth in Chapter 1.12 of this Code.

(Prior code § 5-18.02)

No person shall engage in the practice of fortune telling without first obtaining from the City Treasurer a business license issued pursuant to Chapter 4.04 of this Code and a permit no practice divina-tion in the City, and paying to the City Treasurer the appropriate fees as established in the Business License Fee Resolution.

(Ord. 99-791 Exh. A (part); prior code § 5-18.03)

Each applicant for a permit to practice divination shall file with the City Treasurer a sworn statement providing the following:

A. The full name and current home address of the applicant, and the complete business address where the applicant will be engaging in business;

B. If applicant has lived at the current residence less than two years, the two previous addresses of the applicant and the dates of residence at each;

C. The address, city and state, and dates when the applicant practiced a similar business, either alone or in conjunction with others;

D. A statement of any convictions, other than minor traffic violations, or civil law suits involving the practice of fortune telling, or any claims of fraud or misrepresentation;

E. A description of the method of fortune telling to be practiced by the applicant;

F. A statement regarding the specific methods of advertising proposed or intended to be used in connection with the practice of fortune telling and the prices to be charged for services to be rendered by the applicant;

G. A statement that the applicant has not and will not use misleading claims, titles, degrees, or other credentials or statements which misrepresent the qualifications of the applicant;

H. The fingerprints of applicant submitted on a form provided by the Police Department.

(Ord. 99-791 Exh. A (part); prior code § 5-18.04)

At the time of filing an application for a permit to practice fortune telling, each application shall pay a nonrefundable application fee as established in the Business License Fee resolution. Such fee shall be in addition to all other applicable fees assessed by this Code.

(Prior code § 5-18.05)

The City Treasurer shall forward a copy of each application for a permit to practice fortune telling to the Chief of Police who, for the protection of the public welfare, shall order a background investigation of the applicant.

(Ord. 99-791 Exh. A (part); prior code § 5-18.06)

If, as a result of the investigation required in Section 4.44.060 of this chapter, the application shall be recommended for denial by the Chief of Police, he/she shall forward any reasons for disapproval to the City Treasurer who shall notify the applicant.

(Ord. 99-791 Exh. A (part); prior code § 18.07)

An applicant aggrieved by the action of the City Treasurer or Chief of Police in a denial of a permit shall have the right to appeal to the City Council pursuant to Chapter 1.08 of this Code.

(Ord. 99-791 Exh. A (part); prior code § 5-18.08)

If, as a result of the investigation required in Section 4.44.060 of this chapter, the Chief of Police recommends approval of the application, the City Treasurer may issue a permit and a business license pursuant to Chapter 4.04 of this Code and upon conditions as are reasonable and proper.

(Ord. 99-791 Exh. A (part); prior code § 5-18.09)

Upon approval of the application, the City Treasurer shall issue a permit and a business license only after the applicant has posted with the City cash or a surety bond. The surety bond shall be issued through an acceptable individual or corporate surety licensed and doing business in the State of California. The guarantor of the surety bond shall be bound with the principal (applicant) for the payment of a sum of money for every debt, obligation, miscarriage or default of the principal; and for any loss, damage, theft, or claim of fraud or misrepresentation suffered by any customer or patron of the principal. The value of the cash or surety bond posted shall be established by the City Treasurer, shall be incorporated into the body of rules, regulations, and fee adjustments known collectively as the "City of Montclair Business License Policies and Procedures" and shall be consistent with the provisions of this chapter and the laws of the State of California. The "City of Montclair Business License Policies and Procedures" shall be placed in written form and approved by the City Manager before becoming effective.

(Ord. 99-791 Exh. A (part): prior code § 5-18.10)

Any permit issued pursuant to this chapter is accepted by the permittee with the understanding that it may be revoked upon action by the City Council to amend this Code, as it relates to fortune telling or upon determination by the City Manager or authorized representative that the permit was obtained by a false representation of facts or that the permittee is in violation of the relevant provisions of this Code or laws of the City, State or of the United States. The City Treasurer may recommend to the City Manager the cancellation of any permit and business license issued pursuant to this chapter and Chapter 4.04 of this Code. Upon receipt of such recommendation, the City Manager shall set the matter for hearing and cause notice of the time and place of the hearing, and the grounds upon which is proposed to revoke such permit and license, to be to the permittee not less than five consecutive days prior to such hearing. At such hearing, the City Manager or authorized representative shall determine if the permit and license shall be revoked. Permittee shall have the right to appeal the decision of the City Manager to the City Council pursuant to Chapter 1.08 of this Code. When a person's permit and/or license has been revoked, no permit and/or license to engage in any business in the City shall be issued to such person for a period of six months following the date of revocation.

(Ord. 99-791 Exh. A (part); prior code § 5-18.11)

The City Treasurer may make rules and regulations and adjust fees consistent with the provisions of this chapter and the laws of the State of California. Such rules, regulations, and fee adjustments shall be established to clarify provisions of this chapter or aid in their enforcement. The body of such rules, regulations, and fee adjustments shall be known collectively as the "City of Montclair Business License Policies and Procedures" and shall be placed in written form and approved by the City Manager before becoming effective.

(Ord. 99-791 Exh. A (part): prior code § 5-18.12)

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 or healer (hereinafter collectively referred no as "minister") from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set religious principals that are recognized by all churches of like faith; provided that:

A. The fees, donations, offerings, 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 herein;

B. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in subsection A of this section, shall file with the City Treasurer a copy of the certificate and the street address and telephone number of the location at which the activity of fortune telling is to be conducted.

(Ord. 99-791 Exh. A (part); prior code § 5-18.13)