Rosemead Municipal Code Ch. 5.40 Fortunetelling and Related Activities

A. Every person engaged in the business of conducting, engaged in, carry on, participate in, or practice fortunetelling, or cause the same to be done for pay, shall first procure a license and pay an annual fee set forth in subsection B of this section.

B. License Fee.

(Prior code §§ 6212.1, 6212.2)

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 as required by this chapter.

(Prior code § 6301 (part))

For the purpose of this chapter:

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

"Fortunetelling" means and includes the telling of fortunes, forecasting of future events, or furnishing 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, 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, card, talisman, charm, potion, magnetism, magnetized article of substance, crystal gazing, oriental mystery, or magic of any kind or nature.

(Prior code § 6301(A))

Every natural person who, for pay, actively conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application, under penalty of perjury, for a permit with the City Manager or his or her designee. The application shall contain:

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

B. The record of any conviction, including a guilty plea, for a felony or other conviction, including a guilty plea, of fraud, theft, moral turpitude, deceit, or misrepresentation within a period of five years prior to the making of an application for a permit;

C. The fingerprints of the applicant on a form provided by the Sheriff's 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, within the past five years;

E. A nonrefundable application fee of one hundred dollars ($100.00). If business license is approved, application fee may be credited toward payment of required business license fee.

(Prior code § 6301(B))

Upon the filing of the application, it shall be referred to the Los Angeles County Sheriff's Department for an 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 City Manager or his or her designee within fourteen (14) days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends the denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein. At the time of the filing of the report and recommendation with the City Manager or his or her designee, a copy thereof shall be served personally or by certified mail on the applicant, accompanied by a notice to the applicant that he or she may request to be heard when the City Manager or his or her designee shall consider the application and the report and recommendation to the Los Angeles County Sheriff's Department at a hearing on or before the seventh day after the filing of the report and recommendation referred to in this section. Notice of the time and place of the hearing shall be given to all parties by the City Manager or his or her designee at least three days prior to the hearing. The applicant for the permit shall be required to attend the hearing. Any interested party shall be entitled to be heard. The City shall have the burden of proof to show that the permit should be denied. The decision of the City Manager or his or her designee to grant or deny the permit or conditionally grant the permit shall be in writing and, if adverse to the applicant, shall contain findings of the fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the City Manager or his or her designee shall make his or her order denying or granting or conditionally granting the permit within twenty-four (24) hours after the 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 at the address given in the application.

(Prior code § 6301(C))

If the City Manager or his or her designee denies such application, the applicant shall have the right to appeal such decision to the City Council which shall conduct a public hearing on such appeal not later than the second regular Council meeting following the filing of a written appeal by the applicant. The applicant shall be notified of the date of the hearing on the appeal. After hearing the evidence presented to it, the Council shall render its decision not later than the next regular Council meeting following the conclusion of the hearing. The determination of the Council shall be final.

(Prior code § 6301(D))

The City Manager or his or her designee shall grant the permit if he or she makes all of the following findings:

A. That no substantial evidence has been received which would indicate that the information contained in the application and supporting data is not true;

B. That the applicant has not, within the previous five years, been convicted of any violation of this chapter or any law relating to fraud, theft, moral turpitude, deceit or misrepresentation;

C. That the applicant appeared in person at the hearing; and

D. That the applicant has agreed in writing to abide by and comply with all the conditions of the permit and applicable laws.

(Prior code § 6301(E))

If the City Manager or his or her designee grants the permit, he or she shall thereafter issue the permit only after the applicant has paid the license fee required by Section 5.40.010(B).

(Prior code § 6301(F))

If the City Manager receives information that the licensee may be operating his or her business in violation of the terms and conditions of the license issued, or any provision of this Code or state law, he or she may schedule a hearing before himself or herself or his or her designee. Upon proper evidence presented, the City Manager or his or her designee may suspend, revoke or modify conditions of the license so as to insure future compliance with applicable laws. Any person aggrieved by such decision may appeal to the City Council as set forth in Section 5.40.060.

(Prior code § 6301(G))

The provisions of this chapter shall not apply to any person engaged solely 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 all 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 § 6301(H))

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 (collectively referred to as "minister" in this section) from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles which is recognized by all churches of like faith; provided that:

A. Except as provided in subsection C of this section, the fees, gratuities, emoluments and profits thereof 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 certificate of ordination from such bona fide church or religious association, as defined in this section, shall file with the City Manager or his or her designee a certified copy of 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 and the minister which agreement is embodied in a resolution and transcribed in the minutes of such church or religious association.

(Prior code § 6301(I))