Monterey County Municipal Code Ch. 7.16 Fortune-Telling and Related Practices

This Chapter may be cited as the Monterey County Fortune-Telling and Related Practices Ordinance.

(Ord. 3151, 1986; Ord. 834, 1953)

A. It is the purpose and intent of this Chapter to regulate the practice of fortune-telling and related practices in such manner as to reduce the risk of fraud and larceny to clients while allowing fortune-tellers and related practitioners to provide their services to clients with only minimal restrictions.

B. The provisions of this Chapter requiring a permit, posting of fees, providing receipts and allowing client recordation of the consultation, will make it more difficult for an unscrupulous fortune-teller to commit fraud or larceny, and yet, as informational regulations, will not affect the nature of the information conveyed by the fortune-teller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the fortune-teller and related practitioner and will not, therefore, impose any undue burden on such practices.

C. The provisions of this Chapter are necessary to protect the health, safety and welfare of the community.

(Ord. 3151, 1986)

As used in this Chapter, the following words, phrases, or terms shall have the meanings set forth in this Section.

A. "Fortune-telling" shall mean and include telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature.

B. "For pay" shall mean for a fee, reward, donation, loan or receipt of anything of value.

(Ord. 3151, 1986)

Every natural person who, for pay, conducts, engages in, carries on, or practices fortune-telling shall submit an application to the Sheriff on forms provided by the Sheriff. The application shall include the following:

A. The date of the application.

B. The true name of the applicant.

C. The status of the applicant as being an individual, firm, association, co-partnership, joint venture, corporation or religious institution.

D. Full and complete description of the applicant, including age, sex, height, weight, color of hair and eyes. If the applicant is an individual, the residence and business address of the applicant, including telephone number of the applicant.

E. If the applicant is other than an individual, the name, residence and business address of each of the co-partners or members of the firm, co-partnership, joint venture or religious institution and the name, residence and business address, including telephone number of:

1. Each of the principal officers and directors of the association or corporate applicant, and

2. Each shareholder thereof.

F. Four photographs in duplicate of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which photographs shall be two inches by two inches, showing head and shoulders of the applicant in a clear distinguishing manner.

G. The location of the business for which the license is sought.

H. The fingerprints of the applicant, taken by the Sheriff of the County of Monterey.

I. All criminal convictions within five years immediately preceding the filing of the application, of offenses related to:

1. Fraud or deceit;

2. Any gambling offense;

3. Any felony; or

4. Any other crime involving moral turpitude.

J. A statement that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all laws of the State and the laws and regulations of the County of Monterey applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, shall render any license subject to immediate revocation.

K. Any application filed on behalf of a partnership shall be signed by each of the partners and any application filed on behalf of a corporation or religious institution shall be signed by each shareholder and, for the purposes of this Chapter, each such partner or shareholder having an interest of more than twenty (20) percent shall be deemed to be an applicant.

(Ord. 3151, 1986)

A. Upon receipt of the application provided for in Section 7.16.040, in duplicate, the original shall be referred to the Sheriff of the County of Monterey, who shall cause such investigation of the applicants business and moral character to be made as he or she deems necessary for the protection of the public good.

B. All property owners within three hundred (300) feet of any proposed fortune-telling operation shall be given notice in writing of an application. Within fifteen (15) days after receipt of such notice, any property owner or tenant within three hundred (300) feet of a proposed fortune-telling operation may protest to the Sheriff the proposed application for a fortune-telling operation stating the reasons therefor.

C. If, as a result of the investigation, the applicants character or business responsibility is found to be unsatisfactory, the Sheriff shall endorse on the application his or her disapproval and his or her reasons for same, and return the application to the applicant, with the notification that his or her application is disapproved and that no license will be issued.

D. If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the Sheriff shall endorse on the application his or her approval and return the application to the applicant. Upon payment of the license fees prescribed by this Chapter, the Sheriff shall issue and deliver to the applicant a serially numbered license. The license shall contain the signature of the Sheriff, or deputy thereof, issuing the same, the name, address and photograph of the licensee, a description of the licensee, including age, sex, height, weight, and color of hair and eyes, and the name of the organization or entity which has applied for said licensee, the amount of the fee paid, the date of the issuance, and the length of time the same shall be operative. If the licensee is other than self-employed, the name and address, both permanent and temporary, of the firm, person, corporation or association by which he or she is employed, or which he or she represents shall also be listed on the license. The license shall also be signed by the licensee in ink. The Sheriff shall keep a record of all licenses issued.

E. If the Sheriff has not either approved or disapproved the application as provided in this Section within forty-five (45) days of his or her receipt of the application, he or she shall forthwith report in duplicate his or her reasons for the delay to the applicant. The applicant shall thereupon have the right to appeal to the Board of Supervisors as provided in Section 7.16.060.

F. The Sheriff may deny the application if the Sheriff makes any of the following determinations:

1. The applicant has knowingly misstated, misrepresented, concealed, or withheld any material fact on the application for the permit.

2. The applicant, or any of them, within five years immediately preceding the date of filing application, has been convicted in a court of competent jurisdiction of any offense:

a. Which relates to the applicant, within five years from the date of the application, being convicted of any violation of this Chapter or crimes, involving prediction of future by the occult arts, larceny, perjury, bribery, extortion, fraud, or other similar crimes involving moral turpitude.

b. Which is a felony; or

c. Any other crime involving moral turpitude.

3. The applicant, or any of them, within five years immediately preceding the date of filing of the application, has had any fortune-telling license or permit issued within the State, United States of America or any of its territories, suspended or revoked.

4. The applicant, or any of them, is not a fit and proper person to engage in the operation of a fortune-telling operation, taking into consideration the financial stability of the applicant and personal history including business experience and reputation for habits and character traits.

5. The fortune-telling operation is not to be located within any area of the County which is wholly residential; or if the fortune-telling operation location is adjacent to a residential area and, in the opinion of the Sheriff, the operation of a fortune-telling operation in such location would tend to cause a public nuisance or law enforcement problem.

6. The fortune-telling operation is not to be located within two thousand (2,000) feet of a public school, church, hospital, childrens' playground, or any other public facility where the presence of the fortune-telling operation might tend to cause a law enforcement problem, or create a public nuisance, or where the granting of the license would be contrary to the public interest.

7. The fortune-telling operation is not to be located in an area not zoned for such activities as determined by the appropriate planning administrator or commission.

(Ord. 3151, 1986)

A. Any applicant or person claiming to be affected by the proposed fortune-telling license and dissatisfied with the action of the Sheriff in approving or disapproving an application shall have the right of appeal to the Board of Supervisors.

B. An appeal from the action of the Sheriff in approving or disapproving an application shall be taken by filing with the Clerk of the Board of Supervisors, within ten (10) days after notice of the action of the Sheriff has been mailed to the applicant at the address shown on the application, a written statement setting forth fully the grounds for appeal.

C. The Clerk shall set a time for hearing on an appeal before the Board of Supervisors and written notice of a time and place of the hearing shall be given to the applicant at least five days prior to the hearing.

D. The Board of Supervisors shall either affirm or reverse the action of the Sheriff. Should the Board of Supervisors reverse the action of the Sheriff, notice of the reversal shall be given to the Sheriff, who shall, upon payment of the required fee, issue the license.

(Ord. 3151, 1986)

No license issued under this Chapter is transferable, and such license shall be used only by the person under whom it has been issued. If the licensee is the employee of another, the license shall be valid only so long as the licensee continues in the employ of such employer. Upon termination of the employment of the licensee, the employer shall immediately give the County Clerk notice of such termination, and the licensee shall forthwith surrender his or her license to the County Clerk.

(Ord. 3151, 1986)

A. The term of the license shall be for a period of one year from July 1st to June 30th. The initial license shall be for one year or portion of such year.

B. For the purposes of clarification, the license fee set forth in this Section is for regulation purposes to reimburse the County for its costs and not for revenue purposes.

(Ord. 3151, 1986)

The license fee for fortune-telling for pay, as defined in this Chapter, shall be determined by Resolution of the Board of Supervisors.

(Ord. 3151, 1986)

Within forty-five (45) days of the effective date of this Section, and thereafter on July 1, 1987 and on July 1st of each succeeding calendar year, the holder of any existing fortune telling or related practice license shall apply for renewal of such license and shall pay such fees as required by this Chapter. The Sheriff shall notify in writing all existing license holders of the requirement of this Subsection no later than fifteen (15) days following the effective date of this Section. Such notices may be given at any time following the adoption of this Section by the Board of Supervisors. The notice may be hand delivered or mailed by first class mail to the licensee at an address of the licensee as shown on the application for license or to the business location of the licensee.

(Ord. 3151, 1986)

A. Every person licensed under this Chapter shall, while engaged in any business for which he or she is licensed, keep his or her license in his or her possession at all times, and shall, upon demand by any peace officer, exhibit such license. The licensee shall also exhibit his or her license upon request to any person who enters the premises of the fortune-telling or related practices operation.

B. Each person required to obtain a license shall post on his or her business premises a sign containing the following information:

1. The true name of the fortune-telling practitioner;

2. Each service provided by the fortune-telling practitioner;

3. The fees charged for each service charged by the fortune-telling practitioner; and

4. The statement, "by law, this business is prohibited from charging or soliciting any fee, payment, or remuneration beyond these established rates:"

C. The sign required by this Section shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortune-teller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.

D. If the fortune-telling services are provided at a location other than the fortune-teller's permanent place of business, the fortune-teller shall provide the information required by this Section on eight and one-half by eleven (11) inch paper and legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortune-telling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortune-telling services.

E. No person shall charge any fee, payment, remuneration, or item of value for fortune-telling services in excess of the fee set forth on the sign or paper required by this Section.

(Ord. 3151, 1986)

Prior to the acceptance of any money or item of value from a client, other than the acceptance of a gratuitous tip given voluntary by the client, the fortune-teller shall issue a written receipt to the client, clearly showing the:

1. Date;

2. Name of client;

3. Amount of money received; and

4. Purpose for which the money or item or value was received.

(Ord. 3151, 1986)

No person engaging in fortune-telling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortune-teller.

(Ord. 3151, 1986)

The provisions of this Chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortune-telling and in the presence of and within the hearing of all other persons in attendance, and in 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.

(Ord. 3151, 1986)

The provisions of this Chapter shall not be applicable to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as minister) from any bona fide church or religious association having a creed or set of religious principles that is recognized by all churches of like faith which provides for fortune-telling.

(Ord. 3151, 1986)