Ordinance No. 582 - Fortune Telling Businesses-0 •
ORDINANCE NO. 582
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ROSEMEAD
REPEALING SECTIONS 6301 THROUGH 6304
OF THE ROSEMEAD MUNICIPAL CODE RELATING
TO ASTROLOGY AND THE OCCULT, AND RE-
STRICTING ON AN INTERIM BASIS, THE
ESTABLISHMENT OF FORTUNE TELLING
BUSINESSES IN THE CITY OF ROSEMEAD
AND DIRECTING THE PLANNING
COMMISSION TO INITIATE A STUDY WITH
RESPECT TO DEVELOPING APPROPRIATE
ZONING REGULATIONS GOVERNING SUCH USES.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 6301 through 6304 of the Rosemead
Municipal Code are hereby repealed.
SECTION 2. While this Ordinance remains in effect, no
business licenses, certificates of occupancy, conditional use
permits, building permits or other permits authorizing the
• establishment or expansion of fortune telling businesses
within the City of Rosemead shall be issued.
SECTION 3. While this Ordinance is in effect, no
person, firm, partnership, corporation, company or
organization of any kind shall commence or conduct the
operation of any fortune telling business in the City of
Rosemead. This Ordinance shall not apply to any business
establishment licensed to do business in the City of Rosemead
and lawfully engaged in fortune telling as of the date of
adoption of this Ordinance provided, however, that any such
business is prohibited by this Ordinance from expanding such
use.
SECTION 4. The provisions of this Ordinance do not
apply to and shall not be construed to interfere with the
belief, practices or usage of an incorporated ecclesiastical
• governing body or the duly licensed teacher or minister,
priest, rector or an accredited representative who holds a
certificate of credit, commission, or ordination under the
ecclesiastical laws of a religious corporation which is
incorporated under the laws of the State of California, or
any voluntary religious association, and who fully conforms
to the rites and practices prescribed by the supreme
conference, convocation, convention, assembly, association or
synod of the system or faith with which they are affiliated,
thereof acting in good faith. Any church or religious
association or organization which is organized for the
primary purpose of conferring certificates of commission,
credit or ordination for price, fee, donation or reward, and
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not primarily for the purpose
religious doctrine or belief,
bona fide church or religious
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of teaching and practicing a
shall not be deemed to be a
organization.
(1) Except as provided in (3) hereof, 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 subsection (b).
(2) The minister holding a certificate or
ordination from such bona fide church or
religious association shall file with the City
Clerk a copy of the minister's name, age,
street address, and phone number in this City
where the activity is to be conducted.
(3) Such bona fide church or religious
association 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 is embodied in a
resolution and transcribed in the Minutes of
such church or religious association.
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SECTION 5. Fortune telling shall mean:
(a) Every person who engages in, practices or
professes to practice, or acts as an agent
for, the business or art of astrology,
phrenology, life reading, mesmerism, fortune
telling, cartomancy, clairvoyance,
clairaudience, crystal gazing, spirit
photography, spirit writing, spirit voices,
spirit psychometry, seership, prophecy,
augury, palmistry, materialization,
etherealization, numerology, physiognomy,
necromancy, clairsentience, dreams, apportism,
ectoplasm, levitation, mediumship, seance,
soothsaying, psychic healing, divination by
magic, radiesthesia, or any other similar art
or business, or craft.
(b) Fortune telling shall further mean (in the
alternative): Every person who, by means of
occult or psychic powers, faculties or forces,
spirits, cards, talismans, charms, potions,
magnetism or magnetized articles or
substances, animal sacrifice or by using parts
of animals or human beings, effigies, or
similar art or craft which may be known by
another name or title in any other language,
which purports to or does tell fortunes, life
readings, find or restore lost or stolen
property, located oil wells, gold or silver,
or other ore or metal, restore lost love or
affection, unite loved ones, wives, husbands,
children, lost relatives or friends, procure
lovers, wives or husbands, diagnosis of
disease or injury, casts spells, cause
sickness or injury,.advises of the past,
present or future, or by such means gives
counseling or advice whatsoever.
(c) "Fortune telling business" shall mean the
conduct of any of the acts described in (a)
and (b) above for a fee, reward, donation,
loan or receipt of anything of value.
SECTION 6. Pursuant to the provisions of Section 65858
of the overnment Code of the State of California, this is an
urgency ordinance creating a moratorium. This Ordinance
shall take effect immediately. The facts constituting the
urgency are as follows:
The City Council finds and determines that the
moratorium created by this Ordinance is enacted to protect
and preserve the public health, safety and welfare of the
community pending Planning Commission review of this subject
and a report to the City Council with appropriate
recommendations for enactment of zoning or other regulations
for the conduct of fortune telling businesses.
The Supreme Court of the State of California has
declared unconstitutional provisions similar to those
contained in Section 6301 through 6304 of the Rosemead
Municipal Code. The City Council recognizes that fortune
telling businesses are often the locus of illegal activities,
but that total prohibitions on such businesses constitute
unwarranted interference with free speech. Pending Planning
Commission study of this matter, applications for relief
pursuant to Section 7 of this Ordinance shall be processed
consistent with the opinion of the Supreme Court.
SECTION 7. The Planning Commission, or, on appeal
pursuant to the provisions of the Rosemead Zoning Code,
• the City Council, may grant relief, subject to conditions to
protect the public health and welfare from the provisions of
this moratorium ordinance and authorize establishment or
operation of fortune telling businesses or expansion of the
facilities housing such a use, in any zone in which, but for
the provisions of this Ordinance, such a use would be a
permitted use.
SECTION 8. This Ordinance shall not be deemed to
regulate any activities, the regulation of which is preempted
by California law.
SECTION 9. If any provision of this Ordinance is held
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to be unconstitut-ional;".it rs"the intent of the City Council
that such portion' of--this--Ordinance-,be .severable: from the
remainder and thaC-.th"e-remainder be-given full. force-and
effect.
SECTION 10. Violation of this Ordinance.is a misdemeanor
and is punishable by a-fine of not more than $1,000 or by
imprisonment in the County jail' for_a'period of not more than
six months or by both such fine-and imprisonment. Each day
during any portion of which any violation of any provision of
this Ordinance is "committed, continued or permitted,
constitutes a separate offense.
SECTION 11. Sections'2 through 10,'inclusive of this
Ordinance shall be of no further force and effect forty-five
days after enactment of this Ordinance, unless extended
pursuant to Government Code Section 65858.
SECTION 12. The City Clerk shall certify to the adoption
of this Ordinance.
PASSED, APPROVED and ADOPTED this 27th day of
August 1985.
V P
MAYOR
ATTEST:
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