Rolling Hills Estates Municipal Code Ch. 5.32 Fortunetelling

A. The practice of fortunetelling, as defined in this chapter, has historically been subject to abuse by certain unscrupulous practitioners using the practice to commit fraud and larceny upon clients.

B. It is the purpose of this chapter to regulate the practice of fortunetelling in such a manner as to reduce the risk of fraud and larceny to clients while allowing fortunetellers to provide their services to clients with only minimal restrictions.

C. 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 fortuneteller to commit fraud or larceny, and yet as informational regulations, will not affect the nature of the information conveyed by the fortuneteller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the fortuneteller and will not, therefore, impose any undue burden on their practices.

D. Fortunetelling for entertainment purposes, as defined in this section, does not create the same risk of fraud and larceny by an unscrupulous practitioner as would the practice with an individual client because it is done with a group at a public place for the purpose of entertaining and not to deal with the private concerns of an individual.

E. For these and other reasons, the provisions of this section are necessary to protect the health, safety and welfare of the community.

(Prior code § 769.10)

As used in this code:

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

"Fortunetelling" means 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, phrendiology, 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.

(Prior code § 769.12)

The provisions of this chapter shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortunetelling at public places and in the presence of and 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 such public place to hear such answers.

(Prior code § 769.21)

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 fortunetelling; provided, that:

A. Except as provided in subsection (c) of this section, the minister's fees, gratuities, emoluments and profits shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this section.

B. The minister holding a certification of ordination from such bona fide church or religious association, as defined in this section, shall file with the business license officer a certified copy of the minister's certificate of ordination and the minister's name, age, street address, and telephone number in the city where the activity set forth in this section is to be conducted.

C. Such bona fide church or religious association, as defined in this section, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church or religious association and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.

(Prior code § 769.22)

No person shall conduct, engage in, carry on, participate in or practice fortunetelling, or cause the same to be done for pay without having first obtained a permit therefor.

(Prior code § 769.11)

Every natural person who, for pay, conducts, engages in, carries on or practices fortunetelling shall file a separate verified application for a permit with the business license officer. The application shall contain:

A. The name, home and business address, and home and business telephone number of the applicant;

B. The record of conviction for violations of the law, excluding minor traffic violations;

C. The fingerprints of the applicant on a form provided by the police department;

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

E. A nonrefundable application fee in an amount set by council resolution.

(Prior code § 769.13)

Upon the filing of the application, it shall be referred to the Los Angeles County sheriff's department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the business license officer within fourteen days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

(Prior code § 769.14)

The business license officer shall consider the application and the Los Angeles County sheriff's department report and recommendation at a hearing held not less than seven nor more than fourteen days following receipt of the sheriff's department report prescribed in Section 5.32.070. Notice of the time and place of the hearing and a copy of the sheriff's department report shall be given to the applicant personally or by certified mail by the business license officer at least five days prior to the hearing. Any interested party shall be heard at the hearing. City shall have the burden of proof to show the permit should be denied. The decision of the business license officer to approve, deny or conditionally approve the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the business license officer shall make his or her decision approving, denying or conditionally approving the permit within twenty-four hours after completion of the hearing on the application for a permit and shall notify the applicant of his or her action by personal service or certified mail.

(Prior code § 769.15)

The business license officer shall approve or conditionally approve the permit if he or she makes all the following findings:

A. All the information contained in the application and supporting data is true;

B. The applicant has not, within one year from the date of the application, been convicted of any violation of this chapter or crimes involving prediction of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude;

C. The applicant has paid the required business license fee; and

D. The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.

(Prior code § 769.16)

The term of the permit shall be for no more than the term of the business license. A renewal application shall be filed no later than thirty days prior to the expiration of the permit and shall be processed in the same manner as a new application.

(Prior code § 769.17)

A. Each person required to obtain a permit pursuant to Section 5.32.050 shall post on his or her business premises a sign containing the following information:

1. The true name of the fortunetelling practitioner;

2. Each service provided by the fortunetelling practitioner;

3. The fees charged for each service provided by the fortunetelling practitioner;

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

B. 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 continuously visible to every person seeking the services of the fortuneteller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.

C. If the fortunetelling service is provided at a location other than the fortuneteller's permanent place of business, the fortuneteller shall provide the information required by this section on eight-and-one-half-inch by eleven-inch paper and legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortunetelling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortunetelling services.

D. No person shall charge any fee, payment, remuneration or item of value for fortunetelling services in excess of the fees set forth on the sign or paper required by this section.

(Prior code § 769.18)

Prior to the acceptance of any money or item of value from a client, the fortuneteller shall issue a written receipt to the client, clearly showing:

A. Date;

B. Name of client;

C. Amount of money received or specific description of item of value received; and

D. Purpose for which the money or item of value was received.

(Prior code § 769.19)

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

(Prior code § 769.20)