Chapter 5.24 — FORTUNETELLING AND SIMILAR ACTIVITIES

A.

The county finds that the regulation of the practice of fortunetelling is a matter of public concern.

B.

The county finds that the peace and safety of its citizens is served by regulating the practice of fortunetelling.

C.

The adoption of the ordinance codified in this chapter is in consideration of the findings as are enumerated, in subsections A and B of this section.

(Ord. 508.1 § 2(1), 1987)

Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section.

"Establishment" means the premises, location or place advertised or used or proposed to be used for the practice of fortunetelling in exchange for payment.

"Fortuneteller" means any person who advertises by sign, circular, handbill, newspaper, periodical, magazine or any other means whatsoever the practice of fortunetelling, or who engages in the practice of fortunetelling for payment and shall include any person who advertises or practices as a psychic or spiritual reader or spiritual counselor.

"Fortunetelling" means the telling of fortunes and forecasting of futures by means of the occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, numerology, hypnosis. phrenology, spirits, tea leaves or other such reading, mediumship, seership, augury, astrology, palmistry, necromancy, mindreading, 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, when such is performed in exchange for payment.

"Payment" means a fee, reward, donation, gratuity, loan, compensation or the receipt of anything of value in exchange for the practice of fortunetelling.

"Person" means any individual, firm. partnership, joint venture, corporation, association, club or organization.

"Sheriff" means the sheriff of the county or his or her designated representative.

(Ord. 508.1 § 2(2), 1987)

A.

No person shall conduct, own, operate or advertise for an establishment in the unincorporated area of the county in which the practice of fortunetelling is carried out, if such person does not hold a valid license issued pursuant to this chapter.

B.

No person shall engage in or hold himself or herself out as engaged in the practice of fortunetelling in the unincorporated area of the county if such person does not hold a valid license issued pursuant to this chapter.

C.

No person shall employ in return for payment any person who practices fortunetelling or who offers to or solicits to perform fortunetelling or who holds himself or herself out to be a fortuneteller, if such person does not hold a valid license issued pursuant to this chapter.

D.

Each and every person engaged or who proposes to engage in the practice of fortunetelling shall obtain a separate and individual application for license pursuant to this chapter as set forth in this section and shall pay the separate and individual application and renewal fees therefor. This shall include persons who engage in the practice of fortunetelling under one common establishment.

E.

No license shall be issued pursuant to this chapter to any individual under the age of eighteen (18) years.

F.

No license issued pursuant to this chapter, whether original or a renewal, shall be transferable to a person other than the person to whom issued.

G.

All licenses and fees required by this chapter shall be in addition to any license, permit or fee required by any applicable provision of any statute, regulation, code or other ordinance.

(Ord. 508.1 § 2(3), 1987)

This chapter shall not apply to:

A.

Any person solely by reason of the fact that he or she is 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 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 that any and all fees, gratuities, donations, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious association.

(Ord. 508.1 § 2(4), 1987)

Every person who engages in fortunetelling and who holds a license issued pursuant to this chapter shall maintain a fixed establishment for the practice, and shall conduct the practice only on the premises of such fixed establishment and such person and establishment shall comply in full with the applicable provisions of Riverside County Ordinance No. 348 (Title 17 of this code) as well as all other applicable land use, building, fire, health and safety statutes, regulations, codes and ordinances. Failure or refusal to so comply shall be grounds for the denial of an application for license under this chapter, or as appropriate, the suspension or revocation of a license issued pursuant to this chapter.

(Ord. 508.1 § 2(5), 1987)

A.

An application for a license pursuant to this chapter shall be made to the sheriff on forms to be provided by the sheriff. The license application, when completed by the applicant, shall contain the following information submitted under penalty of perjury:

The full name, present residence and business addresses and the present residence and business telephone numbers of the applicant;

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

All residence and business addresses of the applicant for a five-year period prior to the date of application;

The birth date and place of birth of the applicant;

The Social Security number and California Driver's License or California Identification Card number, or other government-issued identifying item deemed satisfactory for such purpose by the sheriff;

The applicant's height, weight, hair and eye color, and a description of all distinguishing marks, scars and tattoos borne by the applicant;

The business, occupation and employment history of the applicant for a period of five years prior to the date of application;

The name or names under which the applicant proposes to or does conduct the practice of fortunetelling and the telephone number of the premises where such activity is to be carried on;

The name or names, both true and fictitious, and addresses, of any and all persons holding any interest or having any involvement in the establishment wherein the applicant proposes to or does conduct the practice of fortunetelling;

A statement of any and all criminal convictions, except minor traffic infractions, of the applicant, including the nature of such convictions, the date and place they occurred and the sentences therefor;

A listing of all fortunetelling and similar licenses or permits currently and previously held by the applicant and information as to whether any such license or permit has ever been suspended or revoked or an application for such license or permit denied, and the details of such suspension, revocation or denial, including but not limited to the date, place and reasons therefor;

The names and addresses of three persons who have known the applicant for at least three years and who will serve as character witnesses for the applicant;

Such other identification and information as the sheriff may, in his or her discretion, deem necessary to discover and establish the validity of the material hereinabove specified as required to be set forth in the application.

B.

In addition to the completed application as specified in subsection A of this section, each applicant shall submit to the sheriff, contemporaneously with the completed application, the following:

A California Driver's License or California Identification Card, or other valid documentary evidence satisfactory to the sheriff, of the age and identity of the applicant. To be satisfactory, this documentary evidence of age and identity shall be of official issue of some governmental agency, be currently valid, and contain a photograph of the applicant, the applicant's signature, and information respecting the applicant's weight, height, color of eyes and hair, sex, age and date of birth. Birth certificates shall not be considered satisfactory evidence of age or identity;

A non-refundable application fee, the amount of which shall be set forth in Ordinance No. 1003, plus such sum as is currently charged by the Department of Justice of the State of California for a fingerprint check of an individual.

C.

At the time of the submission of the application and the other items as specified in subsections A and B of this section, each applicant shall submit to the following:

A photograph of the applicant, to be taken by the sheriff;

Fingerprints of the applicant, to be taken by the sheriff.

(Ord. 508.1 § 2(6), 1987)

(Ord. 508.2, § 1, 7-13-2010; Ord. No. 508.3, § 1, 11-18-2025)

A.

Upon compliance with all of the requirements of Sections 5.24.050 and 5.24.060, the sheriff shall conduct and complete an investigation of the moral character and reliability of the applicant and shall either grant or deny the license within a period of thirty (30) days after the submission of the completed application and the other items required by Section 5.24.060.

B.

Where the sheriff determines that good cause exists therefor, the sheriff may extend the period of investigation for a period of time not to exceed thirty (30) days; provided, that the applicant is notified, in writing, that the investigation has not been completed and that the time has been extended and the duration of and reason for such extension.

(Ord. 508.1 § 2(7), 1987)

A.

Licenses issued pursuant to this chapter shall be valid for a period of one year from the date of issuance.

B.

A valid license may be renewed for a period of one year upon written application to the sheriff made not later than fifteen (15) days after the date of expiration of the current license. Said renewal application shall be accompanied by a non-refundable renewal fee, the amount of which shall be set forth in Ordinance No. 1003.

(Ord. 508.1 § 2(8), 1987)

(Ord. 508.2, § 2, 7-13-2010; Ord. No. 508.3, § 2, 11-18-2025)

A.

The sheriff shall not grant any application nor issue any license or any renewal thereof pursuant to this chapter where any of the following occurs with respect to the particular application:

The applicant fails or refuses to furnish the information or other items required by Section 5.24.060 or the applicant submits false or misleading information or items;

The fortunetelling establishment does not comply with all of the applicable land use, building, fire, health and safety statutes, regulations, codes and ordinances;

Upon receipt by the sheriff of evidence satisfactory to the sheriff that the applicant has been convicted of or has entered a plea of guilty or nolo contendere to any violation of any provision of this chapter or any other statute, regulation, code or ordinance relating to morals, theft, fraud or narcotics or other controlled substance, unless the sheriff finds that the subject offense occurred more than five years prior to the date of application.

B.

Notice of denial of an application for a license pursuant to this chapter or a renewal thereof shall be given to the applicant, in writing, and shall specify the grounds for such denial. Such notice shall be deemed to have been served upon personal delivery to the applicant, or five days from the date such notice is deposited in the United States mail with prepaid postage affixed thereon and addressed to the applicant at his or her last known address.

(Ord. 508.1 § 2(9), 1987)

A.

The sheriff shall revoke any license issued pursuant to this chapter upon any grounds for which he or she may have denied the application for the license or upon the conviction of or upon the entry of a plea of guilty or nolo contendere for any violation of any provision of this chapter or where the operation of the establishment or the licensee's conduct of fortunetelling does not comport with the peace, health, safety or general welfare of the public.

B.

The sheriff may suspend any license for a period up to ninety (90) days, upon any grounds for which he or she may have denied the application for the license or upon the conviction of or upon the entry of a plea of guilty or nolo contendere for any violation of any provision of this chapter or where the operation of the establishment or the licensee's conduct of fortunetelling does not comport with peace, health, safety or general welfare of the public; provided, however, that the sole purpose of such suspension shall be to afford the licensee an opportunity to correct or remedy the grounds upon which such suspension is based. In the event the grounds are not so remedied within the time afforded by the suspension, or where the sheriff determines that such remediation cannot or will not occur in a timely manner, the sheriff shall have discretion to terminate the suspension forthwith and revoke the subject license.

C.

To revoke or suspend a license issued pursuant to this chapter, the sheriff shall serve upon the licensee a notice, in writing, of such suspension or revocation, specifying the grounds for such suspension or

revocation and in the case of suspension, the duration of such suspension. Such notice shall be deemed to have been served upon personal delivery to the licensee, or five days from the date such notice is deposited in the United States mail with prepaid postage affixed thereon and addressed to the licensee at his or her last known address.

D.

A revoked permit shall be surrendered to the sheriff not later than ten (10) days following receipt by the licensee of notice of revocation.

E.

A licensee whose license has been revoked may not re-apply for a new license pursuant to this chapter for a period of one year from the date of revocation unless the board of supervisors, upon the written request of the licensee and for good cause shown, shall determine that some shorter period shall apply. Such request shall be made in conjunction with and as part of an appeal pursuant to Section 5.24.110 and the procedural provisions of Section 5.24.110 shall be applicable thereto.

(Ord. 508.1 § 2(10), 1987)

A.

Within thirty (30) days of the service of notice of suspension or revocation of a license issued pursuant to this chapter or a notice of denial of an application for a license pursuant to this chapter or renewal thereof, the licensee or applicant may appeal the suspension, revocation or denial by filing a notice of appeal, in writing, with the clerk of the board of supervisors. The notice of appeal shall set forth the reason or reasons the appellant believes the suspension, revocation or denial is improper. The clerk shall give written notice to the appellant of the time and place of the appeal hearing, said notice to be given in the manner specified in Sections 5.24.090 and 5.24.100 for the service of notices of suspension, revocation and denial. The appeal shall be heard by the board of supervisors and such hearing shall be scheduled by the clerk of the board for a time not later than thirty (30) days from the receipt by the clerk of the notice of appeal, except that upon a request made prior to the hearing, in writing, and directed to the clerk, the hearing may be continued to a later date. The board of supervisors may, after hearing the appeal, affirm, amend or reverse the suspension, revocation or denial, and may take such other action as it deems appropriate. In conducting the appeal hearing, the board of supervisors shall not be bound by the formal rules of evidence. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs.

(Ord. 508.1 § 2(11), 1987)

A.

Any person who holds a valid license issued pursuant to this chapter or whose application for a license under this chapter is pending, shall report to the sheriff, in writing, of any change in the ownership of the

establishment owned or operated by such person or where such person is employed in an establishment, any change in the geographical location of such establishment, or any material change in any of the information contained in the license application or the application for renewal thereof. Such report shall be made not later than ten (10) days after the licensee or applicant learns of such change.

B.

Such change shall be approved by the sheriff upon his or her determination that the provisions of this chapter and all other applicable statutes, regulations, codes and ordinances have been fully met and upon the payment by the licensee or applicant of a non-refundable change fee in the amount of fifty dollars ($50.00).

C.

Failure to make such report as required by this section, shall be grounds for the suspension or revocation of a license issued pursuant to this chapter or the denial of an application for a license or the renewal thereof pursuant to this chapter.

(Ord. 508.1 § 2(12), 1987)

A license issued pursuant to this chapter to a fortuneteller or to a person who owns, operates, conducts or maintains an establishment shall be prominently displayed at the establishment thus licensed and at such establishment where the person thus licensed engages or proposes to engage in fortunetelling.

(Ord. 508.1 § 2(13), 1987)

It is unlawful to keep open to the public any establishment or to conduct any fortunetelling activity on any day of the week between the hours of twelve midnight and seven a.m.

(Ord. 508.1 § 2(14), 1987)

Every person operating an establishment under a license issued pursuant to this chapter shall keep accurate business records. These records shall be maintained and open for inspection for a period of three years and shall be kept on the premises of the establishment. Failure or refusal to keep and maintain such records as provided herein shall be grounds for the suspension or revocation of a license issued pursuant to this chapter.

(Ord. 508.1 § 2(15), 1987)

The sheriff shall have the right to enter the establishment from time to time as deemed appropriate by the sheriff and not less than once per year for the purpose of conducting therein a reasonable inspection to insure that all of the applicable provisions of law are being complied with therein. Such inspections shall be

made during reasonable hours, and such inspections may, in the discretion of the sheriff, be made without prior notice to the owner or operator of the establishment. As a condition of the issuance of a license pursuant to this chapter, each owner and operator of an establishment shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Failure or refusal on the part of the owner or operator of an establishment to allow such inspection shall be grounds for denial of an application for a license pursuant to this chapter or for suspension or revocation of a license issued pursuant to this chapter.

(Ord. 508.1 § 2(16), 1987)

All of the fees set forth in this chapter shall be in effect until the board of supervisors shall, by resolution, fix some other fees upon the basis of a cost-analysis as determined by the Riverside County auditor-controller.

(Ord. 508.1 § 2(17), 1987)

Any person who violates any provision of this chapter shall be guilty of an infraction, except that where a person has been convicted of such violation three or more times within a twenty-four (24) month period immediately preceding the commission of a violation of any provision of this chapter, such person may, at the option of the prosecuting authority, be guilty of a misdemeanor. If convicted of an infraction hereunder, the offense shall be punishable by: (1) a fine not exceeding one hundred dollars ($100.00) for the first violation; (2) a fine not exceeding two hundred dollars ($200.00) for the second violation within one year; (3) a fine not exceeding three hundred dollars ($300.00) for each additional violation within one year. If convicted of a misdemeanor hereunder, the offense shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(Ord. 802 § 1(c), 2000; Ord. 508.1 § 2(18), 1987)

The provisions of Section 5.24.180 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law.

(Ord. 508.1 § 2(19), 1987)