Montebello Municipal Code Ch. 5.44 Fortune Telling

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

"City council" means the city council of the city of Montebello.

"For pay" means any fee, reward, gift, donation, loan or receipt of anything of value.

"Fortunetelling" means 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, mysteries or magic of any kind or nature.

(Prior code § 4270)

A. No person shall conduct, engage in, carry on or practice fortunetelling 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 is unlawful for any person to knowingly allow any person to conduct, engage in, carry on or practice fortunetelling for pay as herein defined without first obtaining a permit from the city.

(Prior code § 4271 (A) and (B))

Every person who conducts, engages in, carries on, or practices fortunetelling 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 chief of police. The application shall include or be accompanied by the following:

A. The name, home and business address, home and business phone number, social security number, driver's license number, and physical description of the applicant, including date of birth;

B. A list of 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 fortunetelling 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 chief of police;

G. A permit fee in the amount of five hundred dollars in the case of an applicant who proposes to operate a fortunetelling business, or two hundred dollars in the case of an applicant who proposes to engage in or practice fortunetelling as an employee of another.

(Prior code § 4272)

Upon receipt of the completed written application, the chief of police and such other city departments as he 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 chief of police shall compile a report and submit a written recommendation to the city manager within fifteen 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 a 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.

(Prior code § 4273)

The city manager shall consider the application, report and recommendation of the chief of police after the filing of the report and recommendation of the chief of police.

A. The decision of the city manager 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 issues presented.

B. The city manager shall make the order denying or granting the application within thirty days after completion of 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.

(Prior code § 4274)

The city manager shall approve the issuance of the permit if he finds:

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

B. The applicant and any other person with a financial interest, or who will be directly engaged in the management and operation of the fortunetelling establishment has not been convicted of any violation of this chapter or any law relating to:

1. Fraud, theft, or any offense involving moral turpitude;

2. An offense involving the use of force or violence upon the person of another;

3. An offense involving the use or possession of dangerous drugs or narcotics;

4. An offense requiring registration under Section 290 of the California Penal Code; or

5. A violation of Section 647 (b) of the California Penal Code (Prostitution);

C. 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;

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

(Prior code § 4275 (A))

The city manager shall deny the permit application if any of the conditions set forth in Section 5.44.060 are found against the applicant.

(Prior code § 4275 (B))

If the city manager approves the permit the chief of police shall issue the permit; provided, that:

A. The fee required by Section 5.08.010(A)(19) has been paid;

B. The applicant has posted a surety bond with the city clerk in the principal sum of five thousand dollars 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.

(Prior code § 4275 (C))

The term of the permit shall not exceed one year. The city manager, in his discretion, may grant a permit for a period of not less than one year and may impose reasonable conditions on the granting of this permit as the city manager deems necessary for the protection of public health, safety and welfare.

(Prior code § 4275 (D))

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

(Prior code § 4278)

A. Any person desiring to renew a permit issued under this chapter shall file an application with the city manager not earlier than thirty days prior to expiration. The application shall be accompanied by a fee of three hundred dollars in the case of an operator of a fortunetelling establishment, and one hundred dollars in the case of an employee.

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 fortunetelling at another location unless written approval is first obtained from the city manager. Application for such approval shall be accompanied by a fee of one hundred dollars in the case of an operator of a fortunetelling establishment, and fifty dollars in the case of an employee.

C. Applications submitted under this section shall be reviewed by the chief of police, who shall then make a report and recommendation to the city manager. The city manager shall approve or disapprove the application pursuant to the provisions of Sections 5.44.060 through 5.44.090.

(Prior code § 4277)

Every fortuneteller issued a permit must surrender such permit to the city manager upon termination of their employment as a fortuneteller at the place or places owned and operated by the employer who employed them in the first instance.

(Prior code § 4276 (D))

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 fortunetelling business has been convicted of any of the offenses listed in Section 5.44.060.

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 fortunetelling 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.

C. 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 forty-eight hours after the same has been deposited with the United States Postal Service.

D. If the permittee is dissatisfied with the action taken by the city manager, such person may appeal to the city council.

(Prior code § 4276 (A), (B) and (C))

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 reading, 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 principals that is recognized by all churches of like faith; provided, that:

1. Except as provided in subdivision 3 of this subsection, 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 professional duly certified or licensed by the state or other competent licensing authority.

(Prior code § 4279)

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.

(Prior code § 4271 (c))