Tracy Municipal Code Art. 4 Palmistry

Footnotes:

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Editor's note— Ord. No. 1365, § 2 (Exh. 1), adopted Nov. 18, 2025, repealed the former Art. 4., §§ 4.12.070—4.12.190, and enacted a new Art. 4 as set out herein. The former Art. 4 pertained to similar subject matter and derived from the prior code §§ 4-3.501—4-3.513.

The purpose of this legislation is to regulate fortunetellers, psychics, palm readers, palmists and other similar businesses so that the City of Tracy 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.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

(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, palm reading, 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 shall mean individuals. Corporations and other legal entities shall not be entitled to a fortunetelling permit.

(d) Chief shall mean the Chief of Police of the Tracy Police Department, or his/her designee(s), including but not limited to Code Enforcement Officers.

(e) Gain shall mean the benefit or advantage including but 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.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

This chapter shall not apply to:

(a) Persons engaged in the business of entertaining the public by demonstrations of palm reading, mindreading, mental telepathy, thought conveyance, magic, giving of horoscopic readings, fortunetelling or other similar practices at public places and in the presence 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) 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 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.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

It shall be unlawful for any person to 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 business license and a permit issued by the City.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

(a) Every person applying for a palmistry permit shall pay the application fee pursuant to the Citywide Master Fee Schedule and submit an application on a form provided by the Tracy Police Department, which shall include:

(1) The name under which the business will be conducted;

(2) The applicant's full true name, and other names used, date of birth, address and telephone numbers;

(3) A copy of the fictitious business name statement under which the applicant intends to operate;

(4) The name or name under which the permittee will be identifying himself or herself to the public;

(5) The address where the business will be conducted;

(6) All addresses at which the applicant has resided for the five years prior to the application;

(7) The applicant's business, occupation, and employment history for the five years preceding the date of the application;

(8) The occupational permit history of the applicant, including whether such person has ever had a permit or license issued for a fortunetelling or related business. The name of the issuing agency, the date of issuance, and whether the permit was suspended or revoked and the reasons therefor;

(9) All convictions relating to fraud, theft, burglary, use of violence, deceit or false impersonation for the seven years preceding the date of the application;

(10) Any other information requested by the Chief necessary to ascertain the accuracy of the information provided in the application.

(b) The Chief is hereby authorized to have access to and utilize summary criminal history information when it is needed to assist those persons in fulfilling their licensing duties set forth in this chapter. All permit applicants shall undergo a background investigation and pay a background investigation fee in accordance with the Citywide Master Fee Schedule.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

The Chief shall issue a written decision to the applicant within thirty (30) days, or within a reasonable amount of time, of receipt of a complete permit application.

(a) The permit shall be granted if none of the conditions listed in subsection (b) are present and the applicant has complied with all requirements under this chapter and applicable laws.

(b) The palmistry permit shall be denied after a determination that any of the following exist:

(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 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 obtain a zoning clearance letter, business license, and any other requirement to obtain the permit.

(5) The applicant fails to pass the background investigation.

(c) The applicant shall be prohibited from applying for a fortunetelling permit for one year following denial or revocation of a fortunetelling permit.

(d) A permit may be revoked, suspended or a renewal denied based on the same criteria in subsection (b) of this section.

(e) The permit shall expire on June 30th of each year. A renewal application must be submitted each year.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

Nothing contained in this chapter shall be construed to exempt any person from complying with the provisions of any other applicable law, ordinance, rule, or regulation or to exempt a fortunetelling business from the requirements under any zoning, licensing or building ordinances, rules or regulations including but not limited to the obligation to apply for and maintain a current business license with the City.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

Fortunetellers shall not engage in unfair or deceptive practices, within the meaning of Business and Professions Code § 17200, during the conduct of any fortunetelling activities and in the course of their business.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

(a) The fortuneteller shall issue a written receipt that shall include the name of the permittee who provide 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.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

(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 Tracy Police Department at (209) 831-6550.

(b) The rates published shall be the only rates charged.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

A person operating as a fortuneteller within the City of Tracy, who does not possess both a business license and a palmistry permit to conduct such business shall be required to comply with all provisions of this chapter within sixty (60) days from the effective date of this chapter.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

(a) Violations. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of this chapter's provisions.

(b) Penalties. A violation of this chapter is a misdemeanor punishable by a fine of up to One Thousand Dollars and no/100ths ($1,000.00) or by imprisonment in the County Jail for a period of not more than six months, or by both fine and imprisonment.

(c) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter may result in the issuance of an administrative citation and the City may, at its discretion, seek an administrative fine of up to One Thousand Dollars and no/100ths ($1,000.00).

(d) Each violation of any provision of this chapter shall constitute a separate and distinct violation for each day during which any violation of any provision of this chapter is committed, continued or permitted by such person.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

(a) A decision to deny revoke, suspend or deny the application for a permit under this chapter may be appealed in accordance with Chapter 1.12 of the Tracy Municipal Code.

(b) Time limits for judicial review. Judicial review of any decision of the City, or of any commission, board, officer or agent of the City, may be had under California Code of Civil Procedure section 1094.5 only if the petition for writ of mandate is filed within ninety (90) days following the date on which the decision becomes final. However, if the person challenging the decision files a request for a copy of the record of proceedings with the City Clerk within ten (10) days after the date on which the decision becomes final, then the time within which the writ of mandate may be filed is extended to the 30th day after the record is either delivered or mailed to the person or to their legal counsel of record. The procedures set forth in Code of Civil Procedure sections 1094.5 and 1094.6 apply.

A "decision," as used here, means a decision subject to review under section 1094.5, which includes revoking or denying an application for a permit, license or other entitlement; imposing a civil or administrative penalty, fine, charge or cost; or other entitlement as provided in section 1094.5.

In making any final decision subject to review under Code of Civil Procedure section 1094.5, the City shall provide notice to the party that the time within which judicial review must be sought is governed by this section. The City may do so by including a copy of this section with the written notice of the final decision. Twenty-one (21) days: First Amendment issues. A final decision by the City to issue, revoke, suspend or deny a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution is governed by California Code of Civil Procedure section 1094.8. Such a decision is entitled to priority and subject to expedited hearing and review procedures. An action to challenge the City's decision must be filed and served within twenty-one (21) calendar days from the date of the decision.

Thirty (30) days: most other decisions. Except as otherwise provided below, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any City decision or action must be commenced, and service of summons effected, within thirty (30) days from the date of the decision. Thereafter, all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision or action. In this subsection, "decision" includes administrative, adjudicatory, legislative, discretionary, and executive decision, or other action taken or authorized by this Code.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)

It shall be unlawful to keep open to the public or to conduct the business herein defined on any day between the hours of 10:00 p.m. to 8:00 a.m.

(Ord. No. 1365, § 2 (Exh. 1), 11-18-2025)