Ordinance No. 591 - Fortune Telling RegulationsORDINANCE NO. 591
16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ADOPTING FORTUNE TELLING REGULATIONS.
FOLLOWS:
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS
Section 1. Sections 6301 through 6304 of Article VI, Chapter III,
of the Rosemead Municipal Code is hereby amended to read as follows:
6301 Fortune Tell
No person shall conduct, engage in, carry on, participate in, or practice
fortune-telling, or cause the same to be done for pay, without having first
obtained a permit as required by this section.
(a) Definitions. For the purpose of this section:
(1) "Fortune-telling" shall mean and include the telling of fortunes,
forecasting of future events, or furnishing of any information not
otherwise obtainable by the ordinary process of knowledge by means of
any occult or psychic power, faculty, or force, including, but not
limited to, clairvoyance, clairaudience, cartomancy, psychology,
psychometry, phrenology, spirits, tea leaves, or other such reading,
mediumship, seership, prophecy, augury, astrology, palmistry,
• necromancy, mind reading, telepathy, or other craft, art, science,
card, talisman, charm, potion, magnetism, magnetized article of
substance, crystal gazing, oriental mystery, or magic of any kind or
nature.
(2) "For pay" shall mean for a fee, reward, donation, loan, or receipt
of anything of value.
(b) Permit applications. Every natural person who, for pay, actively
conducts, engages in, carries on, or practices fortune-telling shall file a
separate verified application, under penalty of perjury, for a permit with
the City Manager or his designee. The application shall contain:
(1) The name, home and business address, and home and business
telephone number of the applicant;
• (2) The record of any conviction (including a guilty plea) for a
felony or other conviction (including a guilty plea) of fraud, theft,
moral turpitude, deceit, or misrepresentation within a period of five
(5) years prior to the making of an application for a permit;
(3) The fingerprints of the applicant on a. form provided by the
Sheriff's Department;
(4) 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, within the past five (5) years; and
(5) A nonrefundable application fee of One Hundred and no/100ths
($100.00) Dollars. If business license is approved, application fee
may be credited towards payment of required business license.
(c) Investigations. Upon the filing of the application, it shall be
referred to the Los Angeles County Sheriff's Department for an
investigation, report, and recommendation. The investigation shall be
conducted to verify the facts contained in the application and any
supporting data. The investigation shall be completed and a report and
recommendation made in writing to the City Manager or his designee within
fourteen (14) days after the filing of the application, unless the
applicant requests or consents to an extension of the time period. If the
report recommends the denial of the permit to the applicant, the grounds
for the recommended denial shall be set forth therein. At the time of the
Ordinance No. 591
Page two
filing of the report and recommendation with the City Manager or his
designee, a copy thereof shall be served personally or by certified mail on
the applicant, accompanied by a notice to the applicant that he or she may
request to be heard when the City Manager or his designee shall consider
the application and the report and recommendation to the Los Angeles County
Sheriff's Department at a hearing on or before the seventh (7th) day after
the filing of the report and recommendation referred to in subsection (c)
of this section. Notice of the time and place of the hearing shall be given
to all parties by the City Manager or his designee at least three (3) days
prior to the hearing. The applicant for the permit shall be required to
attend the hearing. Any interested party shall be entitled to be heard.
The City shall have the burden of proof to show that the permit should be
denied. The decision of the City Manager or his designee to grant or deny
the permit or conditionally grant the permit shall be in writing and, if
adverse to the applicant, shall contain findings of the fact and a
determination of the issues presented. Unless the applicant agrees in
writing to an extension of time, the City Manager or his designee shall
make his order denying or granting or conditionally granting the permit
within twenty-four (24) hours after the completion of the hearing on the
application for a permit and shall notify the applicant of his action by
personal service or certified mail at the address given in the application.
(e) Right of appeal. If the City Manager or his designee denies such
application, the applicant shall have the right to appeal such decision to
the Council which shall conduct a public hearing on such appeal not later
than the second regular Council meeting following the filing of a written
appeal by the applicant. The applicant shall be notified of the date of the
hearing on the appeal. After hearing the evidence presented to it, the
Council shall render its decision not later than the next regular Council
meeting following the conclusion of the hearing. The determination of the
Council shall be final.
(f) Granting of permits. The City Manager or his designee shall grant the
permit if he makes all of the following findings:
(1) That no substantial evidence has been received which would
indicate that the information contained in the application and
supporting data is not true;
(2) That the applicant has not, within the previous five (5) years,
been convicted of any violation of this chapter or any law relating to
fraud, theft, moral turpitude, deceit, or misrepresentation;
(3) That the applicant appeared in person at the hearing; and
(4) That the applicant has agreed in writing to abide by and comply
with all the conditions of the permit and applicable laws.
(g) Issuance of permits. If the City Manager or his designee grants the
permit, he shall thereafter issue the permit only after the applicant has
paid the license fee required by section 6212.2 of this code.
(h) Suspension, Revocation or Modification. If the City Manager receives
information that the licensee may be operating his business in violation of
the terms and conditions of the license issued, or any provision of this
Code or state law, he may schedule a hearing before himself or his
designee. Upon 'proper evidence presented, the City Manager or his designee
may suspend, revoke or modify conditions of the license so as to insure
future compliance with applicable laws. Any person aggrieved by such
decision may appeal to the City Council as set forth in section 6301(e).
(i) Exceptions: Entertainment. The provisions of this section shall not
apply to any person engaged solely in the business of entertaining the
public by demonstrations 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 all other persons in attendance
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.
Ordinance No. 591
Page three
(j) Exceptions: Religious practices. No person shall be required to pay any
fee or take out any permit 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 (collectively referred
to as minister in this subsection) from any bona fide church or religious
association maintaining a church and holding regular services and having a
creed or set of religious principles which is recognized by all churches of
like faith; provided that:
(1) Except as provided in subsection (3) of this subsection, 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 (j).
(2) The minister holding a certificate of ordination from such bona
fide church or religious association, as defined in this subsection
(j), shall file with the City Manager or his designee a certified copy
of the minister's name, age, street address, and telephone number in
the City where the activity set forth in this subsection (j) is to be
conducted.
(3) Such bona fide church or religious association, as defined in this
subsection (j 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 agreement is embodied in a resolution
and transcribed in the minutes of such church or religious
association.
Section 2. Section 6200, of Chapter II, of the Rosemead Municipal
Code entitled Ordinance No. 5860 of the County of Los Angeles is hereby amended
by adding subsection 6212.1 thereto to read as follows:
6212.1 Fortune Telling. Every person engaged in the business of conducting,
engage in, carry on, participate in, or practice fortune-telling, or cause the
same to be done for pay, shall first procure a license and pay an annual fee
set forth in Section 6212.2 of the Rosemead Municipal Code.
Section 3. Section 6200, of Chapter II, of the Rosemead Municipal
Code entitled Ordinance No. 5860 of the County of Los Angeles is hereby amended
by adding subsection 6212.2 thereto to read as follows:
• 6212.2 Fortune Telling License Fee. First year $500.00.
Annual renewal $250.00
Section 4. Section 9111.1, of Chapter 1, Part XI of the Rosemead
Municipal Code is hereby amended by adding subsection B(44) thereto to read as
follows:
44. Fortune-Telling provided such business shall be conducted in
strict accordance with applicable sign and parking regulations. No
such business shall be conducted in a structure utilized for
residential purposes. No such business qualifies as a "home
occupation" in any zone.
Section 5. The City Clerk will certify to the passage and
adoption of this ordinance and shall cause the same to be posted in the manner
required by law.
PASSED, APPROVED AND ADOPTED this 9th day of December, 1986.
ATTEST:
City Clerk