Oceanside Municipal Code Art. II Fortunetelling

Footnotes:

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Editor's note— Section 1 of Ord. No. 86-35, adopted Sept. 10, 1986, amended Art. II to read as set forth in §§ 7.6—7.7.16. The article was formerly entitled "Fortunetelling and Phrenology," consisted of §§ 7.6, 7.7, and was derived from Ord. Code, §§ 2251, 2260, 2261.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section unless from the context a different or contrary meaning is clearly intended:

(a) For pay shall mean a fee, reward, donation, loan, or receipt of anything of value.

(b) Fortunetelling shall mean telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge by means of any occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic of any kind or nature.

(c) Fortuneteller means a person engaged in the business of fortunetelling.

(d) Holder means any fortunetelling establishment or person to whom a fortunetelling establishment permit or a work permit has been issued.

(Ord. No. 86-35, § 1, 9-10-86)

It shall be unlawful to conduct, engage in, or carry on a fortunetelling establishment for pay, or cause the same to be done, without having first obtained a permit from the chief of police.

(Ord. No. 86-35, § 1, 9-10-86)

Each application for a fortunetelling establishment permit shall be submitted to the chief of police on a form provided by the police chief and shall contain the following information:

(1) The name, home and business address, and home and business telephone number of the applicant and of any person who conducts or is employed by the applicant to conduct fortunetelling on behalf of the applicant.

(2) The name and address of the fortunetelling establishment that the applicant is intending to operate, and if the establishment is owned by someone other than the applicant, the name of the owner.

(3) A record of criminal convictions of misdemeanor and felony violations of law of the applicant.

(4) A set of fingerprints, current photograph, social security number, and the height, weight, and color of eyes and hair of the applicant.

(5) The address, city and state, and approximate dates where and when the applicant practiced a similar business either alone or in conjunction with others.

(6) The business, occupation, or employment of the applicant for three (3) years immediately preceding the date of the application.

(7) A nonrefundable application fee of one hundred fifty dollars ($150.00).

(Ord. No. 86-35, § 1, 9-10-86)

(a) Upon receipt of a complete application and fee, the police chief shall, within a reasonable period of time not to exceed thirty (30) days, conduct an investigation to verify the facts contained in the application, and shall grant a fortunetelling establishment permit if he/she makes all of the following findings:

(1) That all the information contained in the application and supporting data is true.

(2) The applicant or any person employed by the applicant to conduct or conducting fortunetelling on behalf of the applicant has not, within the previous two (2) years, been convicted of any violation of this article or of any fraud-related or theft-related offense.

(3) The applicant is in present compliance with all federal, state, county, and city laws regarding the operation of his/her fortunetelling establishment and remains in compliance therewith at all times during the term of the permit.

(4) The city planner has certified that the fortunetelling establishment has received a conditional use permit as required by Article 15 of the Oceanside Comprehensive Zoning Ordinance, and is in present compliance therewith.

(5) The applicant is in present compliance with all conditions of his/her conditional use permit and with all provisions of the Oceanside Comprehensive Zoning Ordinance and remains in compliance therewith during the term of the permit.

(b) In the event of denial of the fortunetelling establishment permit, the procedures for appeal set forth in section 7.7.10 shall apply.

(Ord. No. 86-35, § 1, 9-10-86)

(a) In addition to the requirement under section 7.7 that a fortunetelling establishment must have a permit, the business must also possess at all times a valid business license pursuant to Oceanside City Code section 15.2.

(b) Possession of said permit shall be a condition precedent to obtaining a business license.

(Ord. No. 86-35, § 1, 9-10-86)

Every holder of a fortunetelling establishment permit must notify the chief of police upon any change in a fortuneteller operating or working out of his/her fortunetelling establishment within ten (10) days of such change.

(Ord. No. 86-35, § 1, 9-10-86)

It shall be unlawful for any person to engage in the practice of, or attempt to practice, fortunetelling at any location other than from the location for which a business license for a fortunetelling business is issued by the City of Oceanside and for which a permit for a fortunetelling establishment is issued by Oceanside Police Department.

(Ord. No. 86-35, § 1, 9-10-86)

(a) It shall be unlawful for any person who operates, manages, owns or carries on a fortunetelling establishment to employ a fortuneteller, or to allow any person to practice fortunetelling, unless the fortuneteller has a work permit issued by the chief of police.

(b) It shall be unlawful for any fortuneteller to engage in the practice of fortunetelling for pay without a work permit issued by the chief of police.

(c) A work permit shall be issued only to a person who intends to practice, or is practicing, fortunetelling at a fortunetelling establishment issued an establishment permit pursuant to this article.

(d) A work permit shall be valid only at the fortunetelling establishment where the holder was working, or was intending to work, at the time of its issuance, and may not be transferred to another work location.

(e) Every operator and fortuneteller of a fortunetelling establishment shall at all times when on duty in such fortunetelling establishment wear an identification badge issued by the chief of police containing his/her photograph, together with the name, age, address and description of such individual.

(Ord. No. 86-35, § 1, 9-10-86)

Each application for a work permit shall be submitted to the chief of police on a form provided by the police chief and shall contain the following information:

(1) The name, home and business address, and home and business telephone number of the applicant.

(2) The name and address of the fortunetelling establishment where the applicant is intending to conduct fortunetelling.

(3) A record of criminal convictions of misdemeanor and felony violations of law of the applicant.

(4) A set of fingerprints, current photograph, social security number, and the height, weight, and color of hair and eyes of the applicant.

(5) The address, city, and state, and approximate dates where and where the applicant previously conducted fortunetelling.

(6) The business, occupation, or employment of the application for three (3) years immediately preceding the date of application.

(7) A nonrefundable application fee of ten dollars ($10.00).

(Ord. No. 86-35, § 1, 9-10-86)

(a) Upon receipt of a complete application and fee, the police chief shall, within a reasonable period of time not to exceed thirty (30) days, conduct an investigation to verify the facts contained in the application, and shall grant a work permit if he/she makes all of the following findings:

(1) That all information contained in the application and supporting data is true.

(2) The applicant has not, within the previous two (2) years, been convicted of any violation of this article or of any theft-related or fraud-related offense.

(3) The applicant is in present compliance with all federal, state, county, and city laws regarding the operation of his/her fortunetelling business and remains in compliance therewith during the term of the permit.

(b) In the event of denial of the work permit, the procedures for appeal set forth in section 7.7.12 shall apply.

(Ord. No. 86-35, § 1, 9-10-86)

A fortunetelling establishment permit or a fortuneteller's work permit shall be valid for a period of one year from the date of its issuance or renewal, unless revoked or suspended as hereinafter provided. All work permits must be returned to the chief of police within ten (10) days of the holder's termination of employment from the fortunetelling establishment for which it was issued.

(Ord. No. 86-35, § 1, 9-10-86)

A fortunetelling establishment permit or a fortuneteller's work permit may be suspended at any time by the chief of police or his authorized representative for a period not to exceed thirty (30) days if the holder or any person employed by the holder to conduct or conducting fortunetelling on behalf of the holder violates any provision of this article, or, if during the permit period, any event occurs which would have disqualified the holder or any person employed by the holder to conduct or conducting fortunetelling on behalf of the holder from the issuance of a permit under section 7.7.2 or section 7.7.6.

(Ord. No. 86-35, § 1, 9-10-86)

A fortunetelling establishment permit or a fortuneteller's work permit may be revoked at any time by the chief of police or his authorized representative after providing not less than ten (10) days' notice and a hearing to the holder. A permit may be revoked if the holder or any person employed by the holder to conduct or conducting fortunetelling on behalf of the holder violates any provision of this article or, if during the permit period, any event occurs which would have disqualified the holder or any person employed by the holder to conduct or conducting fortunetelling on behalf of the holder from the issuance of a permit under section 7.7.2 or 7.7.6.

(Ord. No. 86-35, § 1, 9-10-86)

(a) Any applicant or permit holder whose fortunetelling establishment permit or work permit has been denied, suspended or revoked may appeal in writing within five (5) days of notice of such action to the city manager. The city manager or his/her representative shall review the decision for reasonableness and may receive evidence and testimony from all interested parties.

(b) Within twenty (20) days after any decision of denial, suspension or revocation has been made by the city manager, an appeal of such decision may be made to the city council of the City of Oceanside. Upon the filing of such written appeal with the city clerk, the city clerk shall set a time and place for hearing and shall notify the appellant thereof. The hearing shall be set within forty-five (45) days after the request if filed. At the hearing any person may present evidence in opposition to or in support of the appellant's case. At the conclusion of the hearing the city council shall either grant or deny the appeal and the decision of the city council shall be final.

(Ord. No. 86-35, § 1, 9-10-86)

If a permittee has had a permit revoked under section 7.7.9 of this article, a new permit shall not be issued unless the permittee qualifies for a new permit under this article and in addition posts with the city clerk a surety bond in the principal amount of five thousand dollars ($5,000.00) executed as surety by good and sufficient corporate surety doing business in the State of California and as a principal by the applicant. The form of the bond shall be approved by the city attorney and shall be given to ensure good faith and fair dealing on the part of the applicant as a guarantee of indemnity for any and all loss, damage, theft or other unfair dealing suffered by any patron or customer of the applicant within the city during the term of the permit.

(Ord. No. 86-35, § 1, 9-10-86)

All fortunetelling establishment permits and work permits issued under this article are nontransferable.

(Ord. No. 86-35, § 1, 9-10-86)

The provisions of this article shall not apply to any person engaged solely in the business of entertaining the public by demonstration of mind reading, mental telepathy, thought conveyance, or the giving of horoscopic readings in public places and in the presence of or within the hearing of all other persons in attendance and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at the public place to hear such answers.

(Ord. No. 86-35, § 1, 9-10-86)

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, healer or clairvoyant (hereinafter collectively referred to as minister) from any bona fide church or religious organization 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 that:

(a) Except as provided in subparagraph (b) hereof, the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to and for the benefit of the bona fide church or religious association as defined in this section 7.7.16; and

(b) Such bona fide church or religious association as defined in this section 7.7.16 may pay to its ministers a salary or compensation based on 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 said church or religious organization; and

(c) The minister holding a certificate of ordination from such bona fide church or religious organizations, as defined in this section 7.7.16, shall file with the chief of police a certified 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 7.7.16 is to be conducted; and

(d) Such bona fide church or religious organization is exempted from the payment of the bank and corporation tax by section 23701d of the California Revenue and Taxation Code.

(Ord. No. 86-35, § 1, 9-10-86)