Murrieta Municipal Code Ch. 5.22 Fortunetelling Establishments

For the purposes of this chapter, the following words and phrases shall have the meanings given in this section:

“Chief of police” means the chief of police or another city official designated by the chief of police to act for him or her.

“Establishment” means the premises, location or place advertised for or purported to be used for the practice of fortunetelling and/or occult arts.

“Fee” means a fee, reward, donation, loan or receipt of anything of value in exchange for the practice of fortunetelling and occult arts.

“Fortuneteller” means any person who advertises by sign, circular, handbill, newspaper, periodical, magazine or other means whatsoever the practice of fortunetelling and/or occult arts, and shall include any person who advertises as a “psychic” or “spiritual reader” or “spiritual counselor” for the purpose of the practice of fortunetelling and/or the occult arts.

“Fortunetelling and occult arts” means telling of fortune and forecasting of futures by means of an occult, psychic power, faculty, force, clairvoyance, cartomancy, psychology, psychometry, numerology, hypnosis, phrenology, spirits, tea leaves or other such reading, mediumship, seership, augury, astrology, palmistry, necromancy, mind reading, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, cunning or foresight, crystal gazing, mysteries or magic of any kind or nature.

“Fortunetelling establishment” means the premises, location or place advertised for, or purported to be used, for the practice of fortunetelling and/or occult arts by a fortuneteller as defined by this code.

(Ord. 339 § 2, 2005)

A. No person, association, partnership or corporation shall conduct, operate or advertise for an establishment in which the practice of fortunetelling and occult arts is carried on for pay, compensation or gratuity without obtaining and maintaining in effect a license as required by this chapter.

B. No licensee hereunder shall employ any person who practices fortunetelling and/or occult arts, and who offers to or solicits to perform fortunetelling and occult arts, or who holds himself or herself out to be a fortuneteller if said person does not hold a current, unrevoked license as required by this chapter. No license shall be issued to any person who is not 18 years of age or older.

(Ord. 339 § 3, 2005)

This chapter shall not apply to:

A. Any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations or 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, when not conducted in connection with the business of fortunetelling.

B. Any person who conducts or participates in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer or clairvoyant 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, further, that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of said church or religious association.

C. Nothing in this section shall be construed as exempting any person from the payment of any applicable business license fee which may be required to be paid by the licensing provisions of this code.

(Ord. 339 § 4, 2005)

Every person who engages in and is licensed for the practice of fortunetelling and occult arts shall maintain a fixed establishment for said practice, and shall maintain a current business license for said establishment as required by the licensing provisions of this code and shall conduct said practice only on the premises of the fixed establishment.

(Ord. 339 § 5, 2005)

Notwithstanding any other provisions of this chapter, fortunetelling establishments may be conducted in any Multiple Use-2 (MU-2) Zones. This is provided that fortunetelling establishments are carried on in accordance with the limitations hereinafter set forth and provided a conditional use permit (CUP) is first obtained, in accordance with Chapter 16.52 of this code. Fortunetelling establishments shall not be permitted in special districts or a specific plan unless explicitly set forth as a permissible use.

A. Minors (under 18 years of age) shall not be permitted to enter or remain in a fortunetelling establishment. Notice of restriction for minors shall be posted at the entrance in lettering of at least two inches in size.

B. The fortunetelling establishment shall not be open to customers, patrons, or any member of the public between the hours of 9:00 p.m. to 8:00 a.m.

C. One parking space for every licensed fortuneteller, plus one space for every four seats in the waiting area.

D. Each center shall provide at least one publicly accessible unisex toilet and lavatory facilities.

E. No exterior pay phone shall be permitted.

F. No person shall be permitted to consume alcohol on the premises, nor shall any intoxicated person be permitted to remain in the establishment.

G. It will be unlawful under this section to view, or allow viewing, of material depicting or simulating sexual conduct on the premises of any establishment.

H. Fortunetellers shall be 18 years of age. There shall be a minimum of one employee managing the establishment during all working hours.

I. Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance.

J. The business owner shall submit and receive approval of a fire exit plan from the Murrieta fire department. The plan shall address all existing requirements of the Uniform Building Code and Uniform Fire Code. This includes but is not limited to providing an exiting plan showing equipment location, aisle locations and dimensional widths, and having approved exit doors and panic hardware.

K. Any adult entertainment or sexually oriented business is prohibited unless specifically approved pursuant to the requirements of Chapter 5.16 of this code.

(Ord. 339 § 6, 2005)

An application for a license to practice fortunetelling and occult arts shall be made to a duly authorized representative of the chief of police under penalty of perjury on forms provided by the chief of police. The application to practice fortunetelling and occult arts shall be accompanied by the scheduled background investigation filing fee, plus the fee charged by department of justice for fingerprinting processing. Said fees are not refundable in the event such application is denied. Each license under this chapter shall expire one calendar year from the date of issuance. The renewal application shall be accompanied by an investigation filing fee of two hundred fifty dollars ($250.00). Licenses and fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.

(Ord. 339 § 7, 2005)

Any applicant for a license under this chapter shall submit the following information under penalty of perjury:

A. The full name and present residence and business address and telephone numbers of the applicant;

B. Any and all maiden, fictitious or other names ever used by the applicant;

C. Prior residence and business addresses used by the applicant during the ten-year period preceding the date of the application;

D. The birthdate and place of birth of the applicant;

E. The Social Security number and a California driver's license or California identification card number or other satisfactory government issued identification number of the applicant;

F. The applicant's height, weight, hair and eye color, and all distinguishing marks, scars or tattoos;

G. Business, occupation or employment history of the applicant for a period of ten years preceding the date of application;

H. The name or names under which the applicant proposes to conduct said activity or practice and the business address of the premises where such practice is to be carried on and if it is to be in connection with a similar or other kind of business;

I. The name or names, both true and fictitious, and addresses of any and all persons, associations, partnerships or corporations holding an interest or involvement in said activity;

J. A statement of any and all criminal convictions, except minor traffic offenses not designated as a felony, including the nature thereof where they occurred and the sentence therefor;

K. A list of fortunetelling or similar licenses currently or previously held by the applicant and whether any such license had been revoked or suspended and the reason therefor;

L. Such other identification and information as is necessary to discover the validity of the matters hereinabove specified as required to be set forth in the application.

(Ord. 339 § 8, 2005)

Before the application is considered to be complete, the applicant must produce, provide and submit to the following:

A. A California driver's license or California identification card, or other valid and satisfactory documentary evidence of the age and identity of the applicant. To be satisfactory, the documentary evidence of age and identity must be of official issue of some governmental agency, be currently valid and furnish a photograph, weight, height, color of eyes and hair, sex, age and/or date of birth and signature of the applicant. Birth certificates are not satisfactory identification as they do not include evidence or identity by description of the person named;

B. A photograph of the applicant, to be taken by an authorized employee of the chief of police at the time of application;

C. Fingerprints of the applicant, to be taken by an authorized employee of the chief of police at the time of application;

D. Consent in writing, on a form determined by the chief of police, for the use of all information available in the investigation herein provided to be made;

E. The applicant has paid the license fee required in Sections 5.22.060 and 5.22.090.

(Ord. 339 § 9, 2005)

Each and every person engaged in or who proposes to engage in the practice of fortunetelling and occult arts shall file a separate and individual application as set forth in this chapter and shall pay separate and individual filing and renewal fees. This shall include persons who engage in said practice under one common establishment.

(Ord. 339 § 10, 2005)

Any person granted a license to practice fortunetelling and occult arts shall report immediately to the chief of police, or his or her authorized representative, any change of individuals, associations, partnerships or corporations having a financial interest in the fortunetelling establishment, or any transfer of interest in said establishment by such individuals, associations, partnerships or corporations. Further, any person granted said license shall report immediately to the chief of police or his or her authorized representative, any change of location or address of the fortunetelling establishment. Said change shall be approved by the chief of police upon the determination that the provisions of this chapter have been fully met and upon the payment of a fifty dollar ($50.00) change of location fee.

(Ord. 339 § 11, 2005)

The chief of police or his or her authorized representative, shall conduct and complete an investigation of the moral character and reliability of the applicant and either grant or deny the license within a period of 30 days after the submission of the completed applications, except as provided by the following exceptions:

A. If good cause exists the chief of police may extend the period of investigation for a period of time not to exceed 30 days, provided that applicant is notified in writing that the investigation has not been completed;

B. If good cause exists the applicant may appear in person and submit a written request for a 30-day extension on a form provided by the chief of police. Said request must be submitted no later than five working days prior to the last day required herein for the chief of police to grant or deny the license. Said request may or may not be granted by the chief of police.

(Ord. 339 § 12, 2005)

The chief of police shall not issue or grant a license if any of the following occurs:

A. An applicant fails to or refuses to furnish the information and documents required by this chapter or who submits false or misleading information on said application;

B. The fortunetelling establishment does not comply with the city's building, fire, health or zoning regulations;

C. Upon receiving satisfactory evidence that the applicant has been convicted of, or has entered plea of guilty or nolo contendere to any violation of the provisions of this chapter or any other law or ordinance relating to morals, sex offenses, theft, fraud or narcotics or other restricted drugs, unless the chief of police finds that the offense occurred ten years or more before the date of application, denial of a license shall be given to the applicant in writing and shall specify the grounds for such denial. Notice of the denial of the license shall be deemed to have been served upon personal service of the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her last known address.

(Ord. 339 § 13, 2005)

A. The chief of police shall revoke any license upon any grounds for which he or she may have refused the issuance thereof or upon conviction or upon a plea of guilty or nolo contendere for any violation of this chapter or the operation of the establishment does not comport with the peace, health, safety and general welfare of the public.

B. To revoke a license the chief of police, or his or her authorized representative, shall serve upon the holder thereof, a written notice either by personal service or by deposit in a United States mail receptacle with appropriate postage affixed, to the address shown on the application or otherwise more recently of record, that said license shall be revoked effective upon personal service or five days after the date of mailing of said notice.

C. A revoked license shall be immediately surrendered to the chief of police or his or her authorized representative.

(Ord. 339 § 14, 2005)

A. A notice of appeal must be deposited with the city clerk within 30 days after denial of the application or revocation of the license has been served. Upon the filing of a notice of appeal, the revocation of a license shall remain in effect until such time as a decision has been rendered.

B. Upon the filing of the written notice of appeal, the city clerk shall set the matter for hearing before the planning commission, which hearing shall be within 30 days after the date of said notice. The planning commission shall receive a copy of the denial or revocation notice and shall conduct a hearing to determine whether or not the license should be granted or reinstated. The scope of evidence presented to the planning commission shall be limited to evidence regarding the reasons for denial or revocation. The burden of proof shall be upon the appellant/applicant.

C. The decision of the planning commission shall be final with no right of further appeal to the city council.

(Ord. 339 § 15, 2005)

The city's police chief, fire chief, code enforcement and building officials and their authorized representatives shall have the right to enter the fortunetelling establishment from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with applicable building, fire or electrical regulations and the provisions of this chapter.

(Ord. 339 § 16, 2005)

Every person, association, partnership or corporation operating a fortunetelling establishment under a license as herein provided shall keep accurate business records. Said records shall be maintained and open for inspection for a period of three years and shall be kept on the premises of the fortunetelling establishment. Failure to keep and maintain said records as provided in this section shall be grounds for suspension or revocation.

(Ord. 339 § 17, 2005)

The license issued to a fortuneteller shall be prominently displayed at the licensed premises.

(Ord. 339 § 18, 2005)

A. No person shall commence, engage in, carry on or advertise that he or she will engage in or carry on any fortunetelling or occult arts activity as described in this chapter without first having procured a license as required by the licensing provisions of this chapter, or without complying with any and all regulations of such activity contained in this chapter or any other ordinance of the city.

B. Failure to comply with the provisions contained in this chapter shall constitute a separate violation of this chapter for each and every day that such activity is so advertised and engaged in or carried on.

C. Revocation of a license shall not be a defense against prosecution.

(Ord. 339 § 19, 2005)

A violation of this chapter is a misdemeanor punishable by a fine of five hundred dollars ($500.00) or imprisonment in the county jail for six months or both such fine and imprisonment.

(Ord. 339 § 20, 2005)