Chapter 5.20 — FORTUNETELLING

For the purposes of this chapter: "Fortunetelling" means using astrology, augury, card reading, clairaudience, clairvoyance, contacting spirits, crystal-gazing, divination, handwriting or character reading, life reading, magic, claiming to be a medium or seer, necromancy, numerology, palmistry, phrenology or the reading of other anatomical features, or other purportedly occult, mystical, psychic or supernatural means to: 1. Purportedly foretell, foresee or influence a future act, event, condition or situation, or find or restore a lost or hidden thing, condition or situation, whether physical, spiritual, emotional or social, or contact a missing or deceased person; or 2. Persuade, induce or procure any person to transfer, assign, convey, donate, devise, bequeath, pledge, mortgage or deposit anything of value to another. Fortunetelling also means to make, sell or give away anything alleged to be a charm, talisman, potion, or otherwise magical. (Ord. 03-02 § 3 (part))

No person shall engage in any act of fortunetelling without having a currently valid license and otherwise fully complying with this chapter. (Ord. 03-02 § 3 (part))

This chapter does not apply to: A. Any bona fide and nonprofit activity solely of any bona fide and nonprofit religious, scientific or educational organization, including charities registered with the California Attorney General; or

B. Any activity expressly represented in writing to the public to be solely for bona fide entertainment purposes and without any intention to achieve any of the alleged purposes listed in items 1 and 2 of the definition of "fortunetelling" as set forth in this chapter. A verified written claim of exemption shall be filed with the Chief of Police prior to conducting the fortunetelling activity, who shall grant it if he or she finds it in order and not detrimental to the public welfare. The Chief of Police may impose such reasonable requirements as are necessary to achieve the purposes of this chapter. (Ord. 03-02 § 3 (part))

All notices to the licensee may be given by mail to the address shown on the permit application and are deemed given on the second day after mailing. (Ord. 03-02 § 3 (part))

The Chief of Police may promulgate regulations governing the forms of applications, licenses and notices, the issuance, replacement, and display of the license, the postings required by Section 5.20.130 and other requirements of this chapter which, when approved by the City Council, shall be enforceable as though provisions of this chapter. (Ord. 03-02 § 3 (part))

Appeals from actions hereunder shall be governed by Sections 1.16.050 through 1.16.090 of this code. (Ord. 03-02 § 3 (part))

Every applicant for a fortunetelling license shall make a verified written application, including the required fees, in a form satisfactory to the Chief of Police, and containing: A. The true names, addresses, any criminal records, fingerprints, and photograph(s) of the applicant (who shall be one natural person) and of all persons financially interested in the business, including but not limited to all persons who share in the profits of the business in any way, and all creditors, mortgagees and lessors; B. The location and premises where, and the days and hours when, the fortunetelling will occur; C.

The names and addresses the applicant has used for any businesses or occupations for the five years immediately preceding the application; D. Any other information necessary for investigation of the application as required by the Chief of Police. (Ord. 03-02 § 3 (part))

Upon receiving a proper application with required fees, the Chief of Police shall investigate as he or she deems appropriate to ascertain relevant facts. (Ord. 03-02 § 3 (part))

The application shall be set for hearing by the City Council if the Chief of Police finds that: A. The application is complete and truthful; B. Neither the applicant nor his or her operation is likely to be injurious to the public welfare, as by victimizing or defrauding suggestible persons or otherwise; C. All applicable laws and ordinances (including zoning regulations) are complied with; and D. Neither the applicant nor any person financially interested in the business operated on the premises has been convicted of a felony or of any crime involving moral turpitude or dishonesty. (Ord. 03-02 § 3 (part))

A. The notice of hearing shall state the applicant's name and address, and the name, if any, and address of the premises proposed, and the time and place for a public hearing before the City Council, at which hearing the applicant will present his application and any interested person may protest the issuance of the license. B.

The Chief of Police shall cause a copy of this notice to be posted conspicuously in front of the premises proposed and conspicuously at two places within five hundred (500) feet of those premises. C. The notice shall be posted at least ten days before the hearing date. (Ord. 03-02 § 3 (part))

A. At the time and place specified in the notice, or at such later time to which the hearing may be continued, the City Council shall consider the application and take the testimony of the applicant and of other interested persons. B. The applicant shall have the burden of presenting all necessary evidence from which findings required by this section may be made. The City Council may order a license granted to an individual for a specific location if it finds that all of the following conditions are satisfied: 1. That the premises are not located near a school or playground, or a retail, commercial or recreational facility frequented by minors; 2. That the activity will not be detrimental to the welfare of minors; 3. That the proposed activity will conform with the character of other land uses in the vicinity and will not be detrimental to the health, safety and general welfare of the public, or create a nuisance or law enforcement problems within the neighborhood or community. (Ord. 03-02 § 3 (part))

A. If, after the hearing, the City Council finds the above conditions are satisfied, it may order the Chief of Police to grant the license, and it may impose such reasonable conditions as it may determine to be necessary in order to effectuate the purposes of this chapter, including but not limited to the following: 1. Location, design and lighting of the premises and signs related thereto;

Hours of operation; 3. Related business on the premises. B. Upon annual renewal of a license, the Chief of Police may require the licensee to comply with any conditions which the City Council may establish in granting applications after the enactment of this chapter or the granting or renewal of that license. (Ord. 03-02 § 3 (part))

A. Fees Posted. Fees for all services and objects sold must be prominently posted at the entrance to and inside the premises. B. Other Payments Prohibited. Payments or transfers for anything not posted as required in subsection B of this section shall not be solicited or accepted. (Ord. 03-02 § 3 (part))

A. Nature. The license is only a temporary, personal and nontransferable permit to act within the provisions of this chapter and all other applicable laws and regulations, and always expires no later than one year from its date. It has no validity when it has been seized, suspended or revoked by the Chief of Police. Any attempt to transfer, assign, pledge, mortgage or hypothecate the license, or to attach or execute on it, immediately and permanently voids it. B. Form. The Chief of Police shall design the form of license, which shall contain the applicant-licensee's photograph and a disclaimer of responsibility on the part of the city and its officials. C. License Information. The licensee shall promptly inform the Chief of Police of any changes in the information on the application, and the Chief of Police may require that this include the names and addresses of any employees or associates in the licensed activity.

(Ord. 03-02 § 3 (part))

A license may be renewed by the Chief of Police but only as a new license, upon payment of the renewal fee. (Ord. 03-02 § 3 (part))

No license shall be issued, and none is valid, unless and while the applicant-licensee has on file with the Chief of Police a cash deposit in the sum of five thousand dollars ($5,000.00), payable to the people of the state for its expenses in connection with a violation of this chapter, or as ordered by a court for the benefit of anyone injured by fortunetelling operations in violation of this chapter. (Ord. 03-02 § 3 (part))

Application, reinstatement and renewal fees are nonrefundable and nonproratable. If any fee is not lawfully and timely paid, the application or license is void. Fees for the purposes of this chapter shall be those fees established from time to time by resolution of the City Council. (Ord. 03-02 § 3 (part))