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HomeMy WebLinkAboutOrdinance No. 2293 ORDINANCE NO. 2293 AN URGENCY 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Municipal Code and Ordinance 2282 adopted by the City Council of the City of Azusa on September 3, 1985, are hereby repealed.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. PMT/ORD1342 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 occult or psychic power , faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, phrenology, 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 -2- PMT/ORD1342 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 set 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: -3- PMT/ORD1342 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 r -gLired 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 t: ie, correct and complete copy of such paper shall be given t , each client prior to providing any fortune-telling se vices . 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 -4- PMT/ORD1342 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 3 . Pursuant to the provisions of Government Code Sections 36934 and 36937 , the City Council of the City of Azusa declares this Ordinance to be an urgency Ordinance requiring the immediate enactment thereof because the same is necessary for the immediate preservation of the public peace, health, safety and general welfare of the City and its citizens, and accordingly, the provisions of this Ordinance shall become effective at once as an urgency ordinance. On August 15, 1985, the California Supreme Court declared Section 8. 52 . 060 of the Azusa Municipal Code prohibiting fortune-telling for consideration, unconstitutional . The City needs an ordinance regulating fortune-telling in compliance with the Court ' s decision. Ordinance No. 2280 adopted by the Council on September 3, 1985 will expire on January 31, 1986 . Unless this Ordinance is adopted as an urgency ordinance the City will have no -5- PMT/ORD1342 applicable regulations for an appreciable period of time. Additionally, unless this Ordinance is adopted as an Urgency Ordinance, fortune-tellers and citizens will not be able to enjoy the substantial benefits to each provided by this Ordinance. SECTION 5. This Ordinance shall be effective immediately upon its adoption. SECTION 6. The City Clerk shall certify the adoption of this Ordinance as an urgency ordinance. PASSED AND APPROVED thisl6thday of December 1985. j6,014h1Le..— MAYOR 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. 2293 as duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 16th day of Decembgr 1985, by the following vote to wit: AYES: COUNCILMEMBERS: CRUZ , COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 11 AD LPH SOLIS 24; TY CLERK -6- PMT/ORD1342