HomeMy WebLinkAboutOrdinance No. 2295 ORDINANCE NO. 2295
AN ORDINANCE OF THE CITY OF AZUSA REPEALING SECTION
8. 52 . 060 OF THE AZUSA MUNICIPAL CODE, REPEALING
ORDINANCE NUMBER 2282 , AMENDING SECTION 5 . 12. 130 OF
THE AZUSA MUNICIPAL CODE, AND ADDING CHAPTER 5 . 54
TO THE AZUSA MUNICIPAL CODE RELATING TO THE
REGULATION OF FORTUNE-TELLING AND RELATED PRACTICES
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1 . Section 8 . 52 . 060 of the Azusa Municipal Code
and Ordinance 2282 adopted by the City Council of the City
of Azusa on September 3 , 1985, are hereby repealed.
SECTION 2 . Chapter 5 . 54 is hereby added to the Azusa
Municipal Code to read as follows:
CHAPTER 5. 54 FORTUNE-TELLING
5 . 54 . 010 Purposes and Findings
5 . 54. 020 Permit Required
5. 54. 030 Definitions
5 . 54. 040 Permit Application
5 . 54 . 050 Investigation
5 . 54 . 060 Hearing and Decision by the Business
License Officer
5. 54. 070 Approval of Permit
5 . 54 . 080 Term of Permit
5 . 54 . 090 Posting of Fees
5 . 54 . 100 Receipts
5 . 54 . 110 Client ' s Record of Consultation
5 . 54 . 120 Exception - Entertainment
5 . 54 . 130 Exception - Religious Practice
5 . 54 . 100 Purposes and Findings
A. The practice of fortune-telling, as defined in
this Chapter, has historically been subject to abuse by
certain unscrupulous practitioners using the practice to
commit fraud and larceny upon clients .
B. It is the purpose of this Chapter to regulate
the practice of fortune-telling in such a manner as to
reduce the risk of fraud and larceny to clients while
allowing fortune-tellers to provide their services to
clients with only minimal restrictions.
C. The provisions of this Chapter requiring a
permit, posting of fees, providing receipts and allowing
client recordation of the consultation, will make it more
difficult for an unscrupulous fortune-teller to commit fraud
or larceny, and yet , as informational regulations , will not
affect the nature of the information conveyed by the
fortune-teller nor the manner in which it is conveyed .
These regulations require only minimal expense and effort on
the part of the fortune-teller and will not , therefore,
impose any undue burden on their practices .
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D. Fortune-telling for entertainment purposes, as
defined in this Chapter , does not create the same risk of
fraud and larceny by an unscrupulous practitioner as would
the practice with an individual client because it is done
with a group at a public place for the purpose of
entertaining and not to deal with the private concerns of an
individual.
E. For these and other reasons, the provisions of
this Chapter are necessary to protect the health, safety and
welfare of the community.
5 . 54 . 020 Permit Required. 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 therefor .
5. 54 . 030 Definitions . As used in this Code:
A. "Fortune-telling" shall mean and include
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 )ccult or
psychic power, faculty or force, including, but not limited
to clairvoyance, clairaudience, cartomancy, phrenciogy,
spirits, tea leaves or other such reading, mediumship,
seership, prophecy, augury, astrology, palmistry,
necromancy, mind-reading, telepathy, or other craft , art ,
cards, talisman, charm, potion, magnetism, magnetized
article or substance, crystal gazing, or magic, of any kind
or nature.
B. "For Pay" shall mean for a fee, reward,
donation, loan or receipt of anything of value.
5 . 54 . 040 Permit Application. Every natural person who,
for pay, conducts, engages in, carries on, or practices
fortunetelling shall file a separate verified application
for a permit with the Business License Officer . The
application shall contain:
A. The name, home and business address, and home
and business telephone number of the applicant .
B. The record of conviction for violations of the
law, excluding minor traffic violations .
C. The fingerprints of the applicant on a form
provided by the Police Department .
D. The address, city and state, and the approxi-
mate dates where and when the applicant practiced a similar
business , either alone or in conjunction with others .
E. A nonrefundable application fee in an amount
set by Council Resolution.
5 . 54 . 050 Investigation. Upon the filing of the
application, it shall be referred to the Police Department
for 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
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recommendation made in writing to the Business License
Officer 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
denial of the permit to the applicant, the grounds for the
recommended denial shall be forth therein.
5. 54 . 060 Hearing and Decision by Business License
Officer . The Business License Officer shall consider the
application and the Police Department report and
recommendation at a hearing held not less than seven (7) nor
more than fourteen ( 14) days following receipt of the Police
Department report described in Section 5 . 54 . 050 . Notice of
the time and place of the hearing and a copy of the Police
Department report shall be given to the applicant personally
or by certified mail by the Business License Officer at
least five ( 5) days prior to the hearing. Any interested
party shall be heard at the hearing. City shall have the
burden of proof to show the permit should be denied. The
decision of the Business License Officer to approve, deny or
conditionally approve the permit shall be in writing, and if
adverse to the applicant, shall contain findings of fact and
a determination of the issues presented. Unless the
applicant agrees in writing to an extension of time, the
Business License Officer shall make his or her decision
approving, denying, or conditionally approving the permit
within twenty-four ( 24) hours after completion of the
hearing on the application for a permit and shall notify the
applicant of his or her action by personal service or
certified mail .
5 . 54 . 070 Approval of Permit . The Business License
Officer shall approve or conditionally approve the permit if
he or she makes all the following findings :
A. All the information contained in the applica-
tion and supporting data is true;
B. The applicant has not, within one (1) year from
the date of the application, been convicted of any violation
of this Chapter or crimes involving prediction of future
events by the occult arts, larceny, perjury, bribery,
extortion, fraud, or similar crimes involving moral
turpitude;
C. The applicant has paid the required business
license fee; and
D. The applicant agrees to abide by and comply
with all conditions of the permit and applicable laws .
5. 54 . 080 Term of Permit . The term of the permit shall
be for no more than the term of the business license . A
renewal application shall be filed no later than thirty ( 30 )
days prior to the expiration of the permit and shall be
processed in the same manner as a new application.
5. 54 . 090 Posting of Fees.
A. Each person required to obtain a permit
pursuant to Section 5. 54 . 020 shall post on his or her
business premises a sign containing the following
information:
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1. The true name of the fortune-telling
practitioner ;
2 . Each service provided by the fortunetelling
practitioner ;
3 . The fees charged for each service provided by
the fortune-telling practitioner ;
4 . The statement, "By law, this business is
prohibited from charging or soliciting any fee,
payment or remuneration beyond these established
rates. "
B. The sign required by this section shall be
prominently posted in the interior of the business premises
at a point near the entry and shall be conspicuously visible
to every person seeking the services of the fortune-
teller . The sign lettering shall be of uniform size with
each letter at least one-half ( 1/2) inch in height .
C. If the fortune-telling service is provided at a
location other than the fortune-teller ' s permanent place of
business , the fortune-teller shall provide the information
required by this section on 8-1/2 by 11 inch paper and
legibly printed or typewritten. The paper shall also
include the name and permanent address of the person
providing the fortune-telling services . A true, correct and
complete copy of such paper shall be given to each client
prior to providing any fortune-telling services .
D. No person shall charge any fee, payment,
remuneration, or item of value for fortune-telling services
in excess of the fees set forth on the sign or paper
required by this Section.
5 . 54 . 100 Receipts . Prior to the acceptance of any
money or item of value from a client, other than the
acceptance of a gratuitous tip given voluntarily by the
client, the fortune-teller shall issue a written receipt to
the client, clearly showing:
1. Date;
2 . Name of client;
3. Amount of money received or specific
description of item of value received; and
4 . Purpose for which the money or item of value
was received.
5 . 54 . 110 Client ' s Record of Consultation. No person
engaging in fortune-telling services shall prohibit a client
from making an audio recording or taking written notes of
the information conveyed by the fortune-teller .
5 . 54 . 120 Exception-Entertainment. The provisions of
this Chapter shall not apply to any person engaged solely in
the business of entertaining the public by demonstrations of
fortune-telling 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
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entertainment except in a manner to permit all persons
present at such public place to hear such answers .
5 . 54 .100 Exception-Religious Practice. The provisions
of this Chapter shall not be applicable to any person con-
ducting or participating in any religious ceremony or
service when such person holds a certificate of ordination
as a minister , missionary, medium, healer , clairvoyant, or
similar position (hereinafter collectively referred to as
minister ) from any bona fide church or religious association
having a creed or set of religious principles that is
recognized by all churches of like faith which provides for
fortune-telling; provided that:
A. Except as provided in Subsection C hereof ,
the minister ' s fees, gratuities, emoluments,
and profits 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 Section.
B. The minister holding a certificate of
ordination from such bona fide church or
religious association, as defined in this
Section, shall file with the Business License
Officer a certified copy of the minister ' s
certificate of ordination and the minister ' s
name, age, street, address, and telephone
number in this city where the activity set
forth in this Section is to be conducted.
C. Such bona fide church or religious
association, as defined in this Section, may
pay to its ministers a salary or compensation
based upon a percentage basis, pursuant to an
agreement between the church or religious
association and the minister which is embodied
in a resolution and transcribed in the minutes
of such church or religious association.
SECTION 3 . Section 5. 12. 130 of the Azusa Municipal Code
is hereby amended to read:
"The business license fee for fortune-telling
for pay, as defined in Section 5 . 54 . 030 , shall
be Fifty Dollars ($50) per year . "
SECTION 4. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be published
as required by law.
PASSED AND APPROVED this6th day of January, 1986.
1 MAYOR
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I , ADOLPH SOLIS, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. 2295 was
regularly introduced and placed upon its first reading at a
regular meetikng of the City Council on the 16th day
of December , 1985 . That thereafter , said ordinance was
duly adopted and passed at a regular meeting of the City,
Council on the 6thday of January , 1986 , by the
following vote, to wit :
AYES: COUNCILMEMBERS: CRUZ , COOK, CAMARENA, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
I4DO P °LIS
CITY CLERK
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