Ordinance No. 584 - Astrology and the OccultORDINANCE NO. 584
AN ORDINANCE OF THE CITY COUNCIL
OF OF THE CITY OF ROSEMEAD
EXTENDING INTERIM ZONING ORDINANCE
NO. 582 RELATING TO ASTROLOGY AND
THE OCCULT, AND RESTRICTING 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. While this Ordinance remains in effect, no
business licenses, certificates of occupancy, building
permits or other permits authorizing the establishment or
expansion of fortune telling businesses within the City of
Rosemead shall be issued.
• SECTION 2. 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 3. 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,'rer_tor 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
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primary purpose of conferring certificates of commission,
credit or ordination for price, fee, donation or reward, and
not primarily for the purpose of teaching and practicing a
religious doctrine or belief, shall not be deemed to be a
bona fide church or religious 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.
(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.
SECTION 4. 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
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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 5. Pursuant to the provisions of Section 65858
of the Government Code of the State of California, this is an
urgency ordinance extending a moratorium. This Ordinance
shall take effect forty-five days from the effective date of
• Ordinance No. 582 and shall remain in effect for ten months
and fifteen days thereafter. 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 previously contained
in Sections 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 pro-
hibitions on such businesses constitute unwarranted interference
with free speech. Pending Planning Commission study of this
matter, applications for relief pursuant to Section 6 of this
ordinance shall be processed consistent with the opinion of the
Supreme Court.
SECTION 6. The Planning Commission, or, on appeal
pursuant to the provisions of the Rosemead Zoning Code,
the City Council, may grant relief from the provisions of
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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 7. This Ordinance shall not be deemed to
regulate any activities, the regulation of which is preempted
by California law.
SECTION 8. If any provision of this Ordinance is held
to be unconstitutional, it is the intent of the City Council
that such portion of this Ordinance be severable from the
remainder and that the remainder be given full force and
effect.
SECTION 9. 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 10. The City Clerk shall certify to the adoption
• of this r finance.
PASSED, APPROVED and ADOPTED this 9th day of
October , 1985.
MAYOR
ATTEST:
CITY CLERK
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