O 611 ORDINANCE NO. 611
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADDING CHAPTER 5.80 TO THE ARROYO
GRANDE MUNICIPAL CODE REGARDING FORTUNE TELLING AND
RELATED PRACTICES
WHEREAS, the City Council of the City of Arroyo Grande ("City finds that it is in the
best interest of the community to regulate the business of fortune- telling, palm- reading,
numerology, and related practices to protect against potential abuses.
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1: Arroyo Grande Municipal Code Chapter 5.80 is hereby added as set forth
in "Exhibit A" attached hereto and incorporated herein by this reference.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact
that any one or more section, subsection, subdivision, paragraph, sentence, or clause
be declared unlawful.
SECTION 3: A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the
names of those City Council members voting for and against the Ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion of Council Member Guthrie, seconded by Council Member Arnold, and on
the following roll call vote to wit:
AYES: Council Members Guthrie, Arnold, Fellows, and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
the foregoing Ordinance was adopted this 22 day of September 2009.
ORDINANCE NO. 10
PAGE 2
TONY FER MAYOR
ATTEST:
KELLY ET) RE, CITY CLERK
APPROVED AS TO CONTENT:
T E E ADAMS, CITY MANAGER
APPROVED AS TO FORM:
/Iti-
TI THY J. RMEL, CITY ATTORNEY
ORDINANCE NO. 611
PAGE 3
"EXHIBIT A"
CHAPTER 5.80 Fortune telling and related practices.
5.80.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain
words and phrases used in this chapter are defined as follows:
"Chief of Police" means the Chief of Police of the city and his /her designee.
"City" means the City of Arroyo Grande.
"Council" means the City Council of the city.
"Fortune- telling" means telling of fortunes and forecasting of futures by means of any
occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy,
psychology, psychometry, numerology, hypnosis, phrenology, spirits, tea leaves or
other such reading, mediumship, seership, augury, astrology, palmistry, necromancy,
biochart, mind reading, telepathy or other craft, art, science, cards, talisman, charm,
potion, magnetism, magnetized article or substance, cunning or foresight, crystal
gazing, divination, prophecy mysteries or magic of any kind or nature.
"Fortune- teller" means any person who advertises by sign, circular, handbill,
newspaper, periodical, magazine or other means whatsoever the practice of fortune
telling and /or occult arts, and shall include any person who advertises as a "psychic" or
"spiritual reader" or "spiritual counselor" for the purpose of the practice of fortune- telling
and /or the occult arts.
"Fee" means for a fee, reward, donation, loan or receipt of anything of value in
exchange for the practice of fortune- telling and occult arts.
"Establishment" means the premises, location or place advertised for or purported to
be used for the practice of fortune telling and /or occult arts.
5.80.020 Fortune telling establishment permits required.
No person shall conduct, engage in, carry on, participate in, advertise or practice
fortune- telling or cause the same to be done for a fee without having first obtained a
permit from the Chief of Police and a business license from the Administrative Services
Department.
5.80.030 Fortune telling permits required.
No person shall practice fortune telling as a fortune teller, employee or otherwise unless
he /she has a valid and subsisting fortune teller's permit issued to him or her by the
Chief of Police pursuant to the provisions of this chapter.
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5.80.040 Applications for fortune- telling establishment permits.
Any person desiring a fortune telling establishment permit shall file a written application
with the Chief of Police on a form to be furnished by the Chief of Police. The applicant
shall accompany the application with a tender of the correct permit fee as provided in
this chapter and shall, in addition, furnish the following:
A. The type of ownership of the business or establishment, i.e., whether and
individual, partnership, corporation or otherwise;
B. The name, style and designation under which the business or practice is
to be conducted;
C. The business address and all telephone numbers of the establishment
where the business is to be conducted, including a physical description of the
premises;
D. A complete list of the names and addresses of all fortune tellers and
employees in the business and the name and address of the manager or other
person principally in charge of the operation of the business;
E. The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding more than five percent of the
stock of the corporation, each officer, and each director, if the applicant shall be a
partnership; and concerning the manager or other person principally in charge of
the operation of the business:
1. Names, including any and all maiden, fictitious or other names ever
used by the applicant; complete residence addresses, and residence
telephone numbers,
2. The two previous addresses immediately prior to the present
address of the applicant,
3. Written proof of age,
4. The height, weight, color of hair and eyes, and sex,
5. One front face portrait photograph at least two inches by two inches
in size,
6. The fortune telling or similar business history and experience,
including, but not limited to, whether or not such person in previously
operating in the city, or in another city or county or state under a license or
permit, has had such license or permit denied, revoked or suspended and
the reason therefore, and the business activities or occupations
subsequent to such action of denial, suspension or revocation,
7. All criminal convictions, other than infraction traffic violations, fully
disclosing the jurisdiction in which convicted, the offense for which
convicted, and the circumstances thereof,
8. A complete set of fingerprints in accordance with the format
prescribed by the Police Department,
9. Such other identification and information necessary to discover the
truth of matters hereinabove specified as required to be set forth in the
application.
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F. Authorization for the city and its agents and employees to seek
information and conduct an investigation of the statement set* forth in the
application and the qualifications of the applicant for the permit; and
G. A statement in writing by the applicant that he /she certifies under penalty
of perjury that the information contained in the application is true and correct ant
that the statement is duly dated and signed in the state.
5.80.050 Applications for fortune telling permits.
Any person desiring a fortune telling permit shall file a written application with the Chief
of Police on a form to be furnished by the Chief of Police. The applicant shall
accompany the application with a tender of the correct permit fee as provided for in this
chapter and shall, in addition, furnish the following:
A. The business address and all telephone numbers of the establishment
where fortunetelling is to be practiced;
B. The following personal information concerning the applicant:
1. The name, including any and all maiden, fictitious or other names
ever used by the applicant; complete residence address, and residence
telephone number.
2. The two previous addresses immediately prior to the present
address of the applicant,
3. Written proof of age,
4. The height, weight, color of hair and eyes, and sex,
5. One front face portrait photograph at least two inches by two inches
in size,
6. The fortune- telling or similar business history and experience,
including, but not limited to, whether or not such person in previously
operating in the city, or in another city or county or state under a license or
permit, has had such license or permit denied, revoked or suspended and
the reason therefore, and the business activities or occupations
subsequent to such action of denial, suspension or revocation,
7. All criminal convictions, other than infraction traffic violations, fully
disclosing the jurisdiction in which convicted, the offense for which
convicted, and the circumstances thereof,
8. A complete set of fingerprints in accordance with the format
prescribed by the Police Department,
9. Such other identification and information necessary to discover the
truth of matters hereinabove specified as required to be set forth in the
application.
C. Authorization for the city and its agents and employees to seek
information and conduct an investigation of the statements set forth in the
application and the qualifications of the applicant for the permit; and
D. A statement in writing by the applicant that he /she certifies under penalty
of perjury that the information contained in the application is true and correct and
that the statement is duly dated and signed in the state.
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5.80.060 Business license.
At the time of application for a fortune telling establishment permit applicant shall also
apply for and furnish the information necessary to obtain a business license as required
by Chapter 5.02.070 of this Code. No business license shall be issued until the
investigation is completed and the permit is approved. The business license shall be
issued upon payment of the business license fee as provided in Chapter 5.02.050 of
this Code.
5.80.070 Permit fee and investigation.
All applications for permits shall be accompanied by a fee as established by resolution
of the City Council from time to time. Additional fees may be charged to cover costs of
processing the applicant's fingerprints by the State of California.
Upon receiving an application for a fortune telling establishment permit or fortune- telling
permit, the Chief of Police, or his /her designee, shall conduct and complete an
investigation into the applicant's moral character and personal and penal history and
either grant or deny the permit within a period of thirty (30) days after the submission of
the completed applications provided that said thirty (30) days may be extended for such
period as may be necessary to obtain fingerprint records from the appropriate state and
federal agencies.
Before any permit shall be issued under this chapter, the Chief of Police shall first sign
his /her approval to the application. Should the Chief of Police fail to approve the permit
application, he /she shall state his /her reasons therefore in writing, particularly
discussing those grounds for the denial of a permit set forth in Section 5.80.080 of this
Chapter and the Police Department shall notify the applicant thereof by first class mail.
5.80.080 Issuance or denial of fortune telling establishment permits.
The Chief of Police shall issue a fortune- telling establishment permit within thirty (30)
days after the receipt of an application if upon investigation it is found that:
A. The correct permit fee has been tendered to the city and, in the case of a
check or bank draft, has been honored with payment upon presentation;
B. The operation, as proposed by the applicant, if permitted, would comply
with all applicable laws, including, but not limited to, the city's building
regulations;
C. The applicant has not been convicted of any offense involving dishonesty,
fraud or deceit with the intent to substantially benefit himself /herself or another or
substantially injure another unless such act occurred more than five (5) years
prior to the date of application;
D. The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statement of fact in the permit application or in any
document required by the city in conjunction therewith;
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E. The applicant has not had a fortune telling establishment permit, fortune
telling permit, or other similar permit or license denied, revoked, or suspended for
any of the above causes by any state or local agency within five (5) years prior to
the date of the application; and,
F. The applicant and the manager or other person principally in charge of the
operation of the business is eighteen (18) years of age or older.
5.80.090 Issuance or denial of fortune telling permits.
The Chief of Police shall issue a fortune telling permit within thirty (30) days after the
receipt of an application if upon investigation and the report that may be filed it is found
that:
A. The correct permit fee has been tendered to the city and, in the case of a
check or bank draft, has been honored with payment upon presentation;
B. The applicant has not been convicted of any offence involving dishonesty,
fraud or deceit with the intent to substantially benefit himself /herself or another
or substantially injure another unless such act occurred more than five (5) years
prior to the date of the application;
C. The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statement of fact in the permit application or in any
document required by the city in conjunction therewith;
D. The applicant has not had a fortune telling establishment permit, fortune
telling permit, or other similar permit or license denied, revoked or suspended for
any of the above causes by any state or local agency within five (5) years prior to
the date of the application; and
E. The applicant is eighteen (18) years of age or older.
5.80.100 Appeal.
In the event a permit has been denied, applicant shall have ten (10) days from the date
of mailing the notice within which to appeal to the City Council by filing a written
application for a public hearing with the City Clerk. Notice and a public hearing shall be
given as follows:
A. Upon receipt of the appeal, the City Clerk shall set the matter for hearing before
the City Council, at a regular meeting thereof, within sixty (60) days from the date
of filing the appeal and shall give written notice of such hearing to the applicant at
his or her address set forth in the appeal by first class mail at ten (10) days prior
thereto;
B. On the date set, the City Council shall hear the matter, and may continue it from
time to time before reaching a decision. If the City Council finds that the
applicant has satisfactorily met all of the requirements of this chapter, it shall
order the issuance of the permit and business license. If it finds that the
requirements have not been met satisfactorily, it shall deny the permit and
license; and,
C. All findings of the City Council shall be final and conclusive upon the applicant.
ORDINANCE NO. 611
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5.80.110 Revocation or suspension of permits.
Any fortune telling establishment or fortune telling permit issued under this Chapter
shall be subject to revocation or suspension by the Chief of Police for the violation of
any provision of this Chapter or for any grounds that would warrant the denial of
issuance of such permit in the first place.
5.80.120 Hours permitted.
It shall be unlawful to keep open to the public or to conduct the activity and practices
defined in this chapter on any day of the week between the hours of twelve (12:00)
midnight and eight (8:00) a.m.
5.80.130 Inspection.
The Chief of Police, Fire Chief and Building Official and their designees shall have the
right to enter the fortune telling establishment from time to time during regular business
hours for the purpose of making reasonable inspections to observe and enforce
compliance with applicable building, fire or electrical regulations and the provisions of
this Chapter.
5.80.140 Records.
Every person operating a fortune- telling establishment under a permit as herein
provided shall keep accurate business records.
Said records shall be maintained and open for inspection for a period of three (3) years
and shall be kept on the premises of the fortune telling establishment. Failure to keep
and maintain said records as provided in this section shall be grounds for suspension or
revocation.
5.80.150 Display of permit.
The permit issued to a fortune- telling establishment shall be prominently displayed at
the permitted premises.
Each person issued a fortune teller permit under this Chapter shall have it in his /her
possession, and it shall be displayed to any person upon request.
No fortune telling establishment or fortune telling permit shall be transferable, separate
or divisible, and such authority as a permit confers shall be conferred only on the
permittee therein.
5.80.160 Notification of changes.
Every fortune telling establishment permittee shall report immediately to the Chief of
Police, or his /her designee, any change of individuals, associations, partnerships or
ORDINANCE NO. 611
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corporations having a financial interest in the fortune telling establishment, or any
transfer of interest in said establishment by such individuals, associations, partnerships
or corporation.
Further, any person granted said permit shall report immediately to the Chief of Police,
or his /her designee, any change of location or address of the fortune telling
establishment. Said change shall be approved by the Chief of Police upon the
determination that the provisions of this Chapter have been fully met.
Every fortune- teller shall report immediately to the Chief of Police any and all changes
of employment, whether by new or renewed, discharge, termination or otherwise, giving
the name and address of the former employer, if any, and the name and address of the
new employer, if any.
5.80.170 Permit period.
All fortune- telling establishment and fortune telling permits shall be issued for the period
of a calendar year and expire on the last day of the calendar year. Applications for the
next ensuing calendar year may be filed with the Chief of Police, beginning sixty (60)
days before the next ensuing calendar year.
5.80.180 Exemptions.
A. The provisions of this Chapter shall not apply to any person solely by reason of
the fact that he or she is engaged 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 other persons and at which no questions are answered, as part of
such entertainment, except in the manner to permit all persons present at such
public place to hear such answers, when not conducted in connection with the
business of fortune telling.
B. 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
from any bona fide church or religious association maintaining a church and
holding regular services and having a creed or set of religious principles that is
recognized by all churches of like faith; provided, further, that the fees, gratuities,
emoluments and profits thereof shall be regularly accounted for and paid solely
to or for the benefit of said church or religious association.
C. Nothing in this section shall be construed as exempting any person from the
payment of any applicable business license fee which may be required to be
paid by the licensing provisions of this Code.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 611 which was
introduced at a regular meeting of the City Council /Redevelopment Agency on
September 8, 2009; was passed and adopted at a regular meeting of the City
Council of the City of Arroyo Grande on the 22 day of September, 2009; and
was duly published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25
day of September 2009.
A
KELLY ET ORE, CITY CLERK