Whittier Municipal Code Ch. 9.36 Fortunetelling

The term "fortunetelling" means the telling of fortunes, forecasting of futures or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, by means of any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind reading, telepathy or other similar practice, craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing or magic of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this chapter.

(Ord. 2370 § 2 (part), 1986)

A. The provisions of this chapter shall not apply to any person solely by reason of the fact that he/she is engaged in the business of entertaining the public by demonstration 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 telling fortunes. Nothing in this section, however, shall be construed as exempting any such person from payment of the applicable license fee, if any, required to be paid by the licensing provisions of this code.

B. No person shall be required to pay any fee or take out any license 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 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, however, that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious associations; provided, further, that the person holding a certificate in this section, shall, before practicing the profession specified in this chapter, file with the license processor a certified copy of his/her certificate of ordination with his/her name, age and street address in the city where he/she intends to carry on the business. Such bona fide church or religious association, as defined in this section, may, however, pay to its ministers, missionaries, mediums or workers a salary or compensation based upon a percentage basis; provided, that the agreement between the church and the minister, missionary, medium or worker, is embodied in a resolution and transcribed in the minutes of such church or religious association.

(Ord. 2370 § 2 (part), 1986)

(Ord. No. 3112, § 2, 2-25-20)

A. No person shall conduct, engage in, carry on, participate in, or practice fortunetelling or cause the same to be done for any direct or indirect charge, gift, donation or subscription by any means whatsoever, without having first obtained a permit from the license processor.

B. No person shall violate any of the terms of a permit issued pursuant to this chapter nor any of the regulations and provisions within this chapter. Each day such violation or violations occur shall constitute a separate offense.

(Ord. 2370 § 2 (part), 1986)

Every person desiring a permit pursuant to this chapter shall file an application with the license processor upon a form provided by the license processor and, at such time, pay the required fee. The application shall be filed at least thirty days prior to the practicing of fortunetelling or conducting such business and shall contain the following information:

A. The full, true name and any other names or aliases now or previously used by the applicant.

B. The present address and telephone number of the applicant.

C. The previous addresses of applicant, if any, for a period of five years immediately prior to the date of the application and the dates of residence at each.

D. The applicant's height, weight, color of eyes and hair and the date and place of birth.

E. Two photographs of the applicant at least two inches by two inches taken within the last six months.

F. Business, occupation or employment history of the applicant for five years immediately preceding the date of application.

G. The business license history of the applicant and whether such applicant, in previous operations in the city or any other city, state or territory under license, has had such license or permit for fortunetelling or a fortunetelling business or similar type of business revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action or suspension or revocation.

H. All convictions within the last five years of any crime involving dishonesty, fraud, deceit or moral turpitude.

I. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged.

J. The fingerprints of the applicant on a form to be provided by the police department.

K. Address of the proposed location for the conduct of the proposed profession, art or business of fortunetelling.

L. Such other identification and information as reasonably may be required in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

(Ord. 2370 § 2 (part), 1986)

The license processor with the assistance of the police department, shall make, or cause to be made, an investigation of each applicant(s) in order to verify the facts contained in the application or the supporting data.

(Ord. 2370 § 2 (part), 1986)

A. At the conclusion of the investigation, the license processor shall approve the issuance of the permit if he/she shall find:

1. The information contained in the application or supporting data is true;

2. The applicant has not, within the previous one year, been convicted of any violation of this chapter or any law relating to dishonesty, fraud, deceit or moral turpitude;

3. The applicant agrees to abide by and comply with all terms of the permit and applicable laws of this code;

4. That the operation as proposed by the applicant, if permitted, would comply with all applicable laws including zoning; and

5. No information has been brought to the attention of the license processor as a result of the investigation which would require the denial of such permit.

B. The license processor shall thereafter issue the permit when:

1. The required fee has been paid;

2. There shall have been posted with the city clerk a surety bond in the principal sum of five thousand dollars executed as surety by a good and sufficient corporate surety authorized to do surety business in the state and as a principal by the applicant which shall have been approved by the city attorney as to form, which bond shall have been given to insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, injury, theft or other unfair dealing suffered by any patron of the applicant within the city during the term of the permit.

(Ord. 2370 § 2 (part), 1986)

(Ord. No. 3112, §§ 2, 4, 2-25-20)

Every natural person actively carrying on, conducting or engaging in fortunetelling for which a permit is required shall file a separate permit fee as required by the provisions of this chapter. No permittee shall transfer the permit to any other person.

(Ord. 2370 § 2 (part), 1986)

The liability on any bond deposited with the city may be terminated upon the filing with the city clerk by the surety on the bond a written notice to the city that the surety intends to terminate the liability upon the bond, such termination to become effective thirty days from and after the day upon which the notice of intention to terminate liability is filed with the city clerk; provided, however, that in no case shall the termination of liability by the surety on any bond affect any liability incurred prior to the date of termination thereof.

(Ord. 2370 § 2 (part), 1986)

(Ord. No. 3112, § 4, 2-25-20)

If the license processor, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this chapter he/she shall deny the application and shall notify the applicant by certified mail of such denial, within thirty days of the date of application. Any applicant who is denied a permit by the license processor may appeal each denial to the city manager or designee of the city manager pursuant to the provisions of this chapter. The appeal fee shall be as set by resolution of the city council.

(Ord. 2370 § 2 (part), 1986)

(Ord. No. 3112, § 2, 2-25-20)

The license processor may, based on evidence that any of the provisions of this chapter have been violated, suspend or revoke a permit; provided that written notice by certified mail of such suspension or revocation is furnished the permittee. The permittee, within fifteen days after receipt of notice of suspension or revocation, may file an appeal with the city clerk to be taken to the city manager or designee. In the event an appeal is timely filed, the suspension or revocation shall not take effect until final decision has been rendered by the city manager or designee. If the permittee fails to take an appeal within the fifteen-day filing period provided in this chapter, suspension or revocation shall take effect immediately upon expiration of such filing period. Procedures for appeals shall be those set forth in Section 9.36.100 of this chapter.

(Ord. 2370 § 2 (part), 1986)

A. No permit shall be revoked until after a hearing shall have been held before the city manager or designee to determine good cause for such revocation, and it is unlawful for any person to carry on the business of fortunetelling until the suspended permit has been reinstated by the city manager or his/her designee. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, or against the business carried on by the permittee at the fortunetelling business and shall state the time and place where such hearing will be held.

B. Such notice shall be served upon the permitholder by delivering the same to such person or by leaving such notice at the place of business of the permitholder during usual business hours, with the person who is apparently in charge thereof, or the residence of the permitholder, in the custody of a person of suitable age and discretion. In the event the permitholder cannot be found and the service of such notice cannot be made in the manner provided in this chapter, a copy of such notice shall be mailed, postage prepaid, addressed to the permitholder at his/her place of business or residence at least ten days prior to the date of such hearing.

C. After such hearing, the city manager or his/her designee shall render a written decision within ten working days from the date the matter is submitted for decision. The action of the city manager or his/her designee shall be final and conclusive.

(Ord. 2370 § 2 (part), 1986)

(Ord. No. 3112, § 2, 2-25-20)

Upon the delivery of any false statement in the application or any misrepresentation by the applicant in procuring the permit, or upon the failure, neglect or refusal of the applicant to promptly, voluntarily and without notice, furnish and file a new bond when the surety on any bond has terminated its liability, and cause the same to be approved by the license processor as to sufficiency of sureties and by the city attorney as to form, or in the case of death, bankruptcy or removal from the city of any one or both of the sureties on bond, then and in that event, the license processor may, upon five days' notice to the applicant, cancel and annul the permit; whereupon the applicant shall be amenable to the penalties prescribed in this chapter, from and after the date of the cancellation, as though in this chapter, the permit had never been granted.

(Ord. 2370 § 2 (part), 1986)

Every permittee shall post the license in a conspicuous place upon the premises.

(Ord. 2370 § 2 (part), 1986)