San Francisco County Municipal Code Art. 17.1 Regulations for Fortunetelling; Permit and License

PROVISIONS Sec. 1300. Purpose. Sec. 1301. Permit Required for Fortunetelling. Sec. 1302. Definitions. Sec. 1303. Exception. Sec. 1304. Application for Permit for Fortunetelling. Sec. 1305. Permit Grant or Denial. Sec. 1306. Suspension, Revocation, or Reinstatement of Fortunetelling Permit. Sec. 1307. Permit Forwarded to Tax Collector; Payment of License Fees. Sec. 1308. Renewal of Permit. Sec. 1309. License Fees. Sec. 1310. Removal or Transfer of Permit or License Prohibited. Sec. 1311. Deceptive Acts. Sec. 1312. Receipts. Sec. 1313. Identification Cards. Sec. 1314. Rate Schedule and Complaint Procedure. Sec. 1315. Advertising. Sec. 1316. Updated Information. Sec. 1317. Effective Date. Sec. 1318. Rules and Regulations to Be Adopted. Sec. 1319. Ascertainment of Compliance with All Law; Inspections Therefor. Sec. 1319.1. Penalty. Sec. 1319.2. Severability Clause.

SEC. 1300. PURPOSE. The purpose of this legislation is to regulate fortunetellers, psychics, and other similar businesses so that the City and County of San Francisco can efficiently and thoroughly investigate fraud and deception, protect the public by preventing people who have been charged with deceptive practices from having easy access to persons who may be vulnerable to fraud or confidence games, to ensure that consumers are provided with information regarding services, rates, and complaint procedures, and to foster a positive business environment for legitimate practitioners within this industry. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1301. PERMIT REQUIRED FOR FORTUNETELLING.

It shall be unlawful for any person to advertise or offer or engage in the activity, enterprise, profession, trade, or undertaking of fortunetelling with the object of gain, benefit or advantage, whether direct or indirect, without a valid permit issued by the San Francisco Police Department. Gain, benefit or advantage includes but is not limited to economic remuneration of any kind, including authorization to use credit issued to another, use of another's property or assets, loans, or the provision of tangible items. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1302. DEFINITIONS. (a) Fortunetelling shall mean the telling of fortunes, forecasting of futures, or reading the past, by means of any occult, psychic power, faculty, force, clairvoyance, cartomancy, psychometry, phrenology, spirits, tea leaves, tarot cards, scrying, coins, sticks, dice, sand, coffee grounds, crystal gazing or other such reading, or through mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy or other craft, art, science, talisman, charm, potion, magnetism, magnetized article or substance, or by any such similar thing or act. It shall also include effecting spells, charms, or incantations, or placing, or removing curses or advising the taking or administering of what are commonly called love powders or potions in order, for example, to get or recover property, stop bad luck, give good luck, put bad luck on a person or animal, stop or injure the business or health of a person or shorten a person's life, obtain success in business, enterprise, speculation and games of chance, win the affection of a person, make one person marry or divorce another, induce a person to make or alter a will, tell where money or other property is hidden, make a person to dispose of property in favor of another, or other such similar activity. (b) Fortunetelling shall also include pretending to perform these actions. (c) Persons as used in Sections 1300 to 1321 shall mean an individual. Corporations and other legal entities shall not be entitled to a fortunetelling permit. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1303. EXCEPTION. Sections 1300 through 1321 shall not apply: (a) To persons solely by reason that the person is engaged in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought conveyance, magic, giving of horoscopic readings or other fortunetelling at public places and in the presence of and within the hearing of other persons, and where any questions answered as part of such entertainment may be heard by all persons present at such public place. (b) To persons conducting or participating in any religious ceremony as a minister, missionary, medium, healer, or clairvoyant, hereinafter collectively referred to as minister, from any bona fide church or religious association that conducts regular services and has a creed or set of religious principles that is recognized by all groups of like faith, provided that: (1) The benefit, gain or advantage shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association except that the bona fide church or religious association may pay to its ministers a salary or compensation based upon a percentage only, pursuant to an agreement between the church and the ministers that is embodied in a resolution and transcribed in the minutes of such church or religious association. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1304. APPLICATION FOR PERMIT FOR FORTUNETELLING. Application shall be on a form provided by the SFPD and shall include: (a) The full true name under which the business will be conducted. (b) The applicant's full true name, and other names used, date of birth, California Driver's License or passport or other government-issued identification, present residence address and telephone numbers. (c) A copy of any fictitious business name statement under which the applicant is or intends to operate. (d) The name or names under which the permittee will be identifying himself or herself to the public. (e) The present or proposed address where the business will be conducted. If the business is to be conducted in a street location or other location that is not fixed, the applicant shall so indicate, and provide the applicant's home address. (f) The applicant's gender, height, weight, color of hair, and color of eyes.

(g) All addresses at which the applicant has resided within five years prior to the application. (h) The applicant's business, occupation, and employment history for the five years preceding the date of the application. (i) The occupational permit history of the applicant, including whether such person has ever had a permit or license issued for any fortunetelling or related business, by any agency, board, city, city and county, county, territory or state, the issuing agency, the date of issuance, and whether the permit was suspended or revoked and the reasons therefor. (j) 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. (k) All convictions of any crime within the seven years prior to the application other than traffic offenses, whether in California or elsewhere, relating to fraud, theft, burglary, use of violence, deceit or false impersonation. (l) Information requested by the Chief of Police necessary to ascertain the truth of the matters specified and required on the application. (m) A full set of fingerprints to be taken by the SFPD. (n) Photographs to be taken by the SFPD. (o) The required application fee as set forth in the Administrative Code. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1305. PERMIT GRANT OR DENIAL. (a) Upon receipt of a completed application, the Chief of Police shall calendar the permit for public hearing within 30 days. The Chief shall grant or deny the application within 15 days of the hearing. The applicant may appeal the denial of the application to the Board of Appeal, or may file a writ of mandamus with the Superior Court. (b) The Chief of Police shall grant the permit unless the Chief finds: (1) The applicant has been convicted of a felony or two or more misdemeanors relating to fraud, theft, burglary, use of violence, deceit, or false impersonation within the seven years prior to the date of application. (2) The applicant has previously had an occupational permit revoked or suspended for violation of permitting conditions related to fraud, theft, burglary, use of violence, deceit or false impersonation, within the seven years prior to the date of application. (3) The applicant has failed to provide information required by this chapter or has provided false or misleading information required by this chapter to the Police Department or other City agency. (4) The applicant has failed to pay the required fees. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1306. SUSPENSION, REVOCATION, OR REINSTATEMENT OF FORTUNETELLING PERMIT. When the Chief of Police determines that the permittee is violating or is attempting to violate (as defined in Penal Code Section 664) any law of the State of California relating to fraud, theft, burglary, use of violence, deceit, false impersonation or is violating or attempting to violate (as defined in Penal Code Section 664) the rules and regulations of the Police Department, permit restrictions or ordinances that are applicable to the business, or has made material misrepresentations on the permit application or other required reports, the Chief of Police, after written notice to the permittee, shall have the power to suspend and, after due and proper hearing, shall have the power to revoke, any permit issued under the provisions of Sections 1300-1321 inclusive. When suspended or revoked, the permittee shall immediately surrender the permit to the Police Department's Permit Bureau. The Chief of Police shall cause to be forwarded to the Tax Collector written notice of any revocation, suspension or reinstatement of any permit herein provided for. The permittee shall be prohibited from applying for a fortunetelling permit for one year following denial or revocation of a fortunetelling permit. The permittee may appeal the revocation to the Board of Appeal. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1307. PERMIT FORWARDED TO TAX COLLECTOR; PAYMENT OF LICENSE FEES.

When the Chief of Police issues a permit under the provisions of this Article, the Chief of Police shall cause such permit to be forwarded to the office of the Tax Collector for delivery to the permittee upon the payment of the license fees. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1308. RENEWAL OF PERMIT. A permit for fortunetelling shall be renewed as set forth in Sections 2.8 and 2.10 of this Code. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1309. LICENSE FEES. Every holder of a fortuneteller's permit shall pay at the Office of the Treasurer and Tax Collector an annual license fee, payable in advance. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.* The permit is not valid unless the license fee has been paid. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012) SEC. 1310. REMOVAL OR TRANSFER OF PERMIT OR LICENSE PROHIBITED. Nothing in Section 1300-1321, inclusive, shall permit the removing or transferring of the permit or license to any person other than for whom the permit or license was originally issued. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1311. DECEPTIVE ACTS. Fortunetellers shall not engage in unfair or deceptive practices, within the meaning of California Business and Professions Code § 17200, during the conduct of any fortunetelling activities. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1312. RECEIPTS. (a) The fortuneteller shall issue a written receipt that shall include the name of the permittee who provided the services, the permittee's permit number, the services rendered, the amount charged for each service provided, and the amount paid or expected. If payment is made in a method other than cash, check, or credit card, the receipt shall so indicate. (b) The permittee must keep copies of receipts for five years from date of issuance. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1313. IDENTIFICATION CARDS. The Chief of Police shall provide each fortuneteller granted a permit with an identification nameplate that shall contain a photograph, right thumbprint, name, and permit number of the permittee. The permittee must post the identification nameplate in a location clearly visible from the place where the fortuneteller tells fortunes or otherwise engages in the activity regulated by this article. The Department shall charge a fee for each identification nameplate issued as set annually by the San Francisco Police Commission.

(Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1314. RATE SCHEDULE AND COMPLAINT PROCEDURE. (a) When a fortuneteller operates at a roving or unfixed location, the fortuneteller shall provide a written copy of rate information to the customer that shall be printed in plain, legible letters. The rate document shall include a statement that if the customer has complaints, the customer may phone the City and County of San Francisco at 551-9595. (b) When a fortuneteller operates out of a fixed location, the fortuneteller shall post rate information in a conspicuous place accessible by the patrons at the fixed location on a sign at least 8 × 10 inches in 14 pt. type. The signage shall also include a statement that if the customer has complaints, the customer may phone the City and County of San Francisco at 551-9595. (c) If the fortuneteller operates by donation or an indirect method of payment, including remuneration that is at the discretion of the customer, the schedule of rates shall so indicate. (d) The rates published shall be the only rates charged. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1315. ADVERTISING. All persons who advertise fortunetelling shall include in the advertising the number of the permit issued by the San Francisco Police Department. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1316. UPDATED INFORMATION. When any of the information required by this Article or provided by the applicant changes, the permit holder shall within 15 days of the change provide to the Police Department's Permit Bureau in writing the updated information. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1317. EFFECTIVE DATE. Any person operating as a fortuneteller within the City and County of San Francisco when ordinance enacted shall have three months from the effective date of the Article to obtain a permit. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1318. RULES AND REGULATIONS TO BE ADOPTED. The Chief of Police may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of Sections 1300 to 1321. If the Chief adopts such rules and regulations, the Chief shall mail copies of the rules and regulations to all holders of permits under this Chapter. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003) SEC. 1319. ASCERTAINMENT OF COMPLIANCE WITH ALL LAW; INSPECTIONS THEREFOR.

The permittee shall upon request provide to the Police Department for inspection copies of all documents that the permittee is required by Sections 1300 to 1321 and by other laws to keep upon request. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003)

Any person violating any provision of this section shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney. If charged as an infraction, upon conviction, the violator shall be punished by a fine of not less than $100 or more than $500 and/or community service, for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $200 or more than $800, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. In any accusatory pleading charging a violation of this section, if the defendant has been previously convicted of a violation of this section, each such previous violation and conviction may be charged in the accusatory pleading. Any person violating any provision of this section a second time shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300 and not more than $900, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Any person violating any provision of this section a third time, and each subsequent time shall be guilty of a misdemeanor and shall be punished by a fine of not less than $400 and not more than $1,000, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003)

If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other article provisions or clauses or applications, and to this end the provisions and clauses of this ordinance are declared to be severable. (Added by Ord. 196-03, File No. 021948, App. 8/1/2003)