ORDINANCE 108057R
ORDINANCE NO. 1080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, REPEALING CHAPTER 9.16
(FORTUNETELLING) OF TITLE 9 (PEACE, SAFETY AND
MORALS) AND ADDING A NEW CHAPTER 5.38 (FORTUNE -
TELLING) TO TITLE 5 (BUSINESS REGULATIONS AND
LICENSING) OF THE EL SEGUNDO MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.16 (FOrtunetelling) of Title 9 (Peace,
Safety and Morals) of the El Segundo Municipal Code is hereby
repealed, and a new Chapter 5.3E is hereby added to Title 5 (Business
Regulations and Licensing) of the E1 Segundo Municipal Code, to
read as follows:
"CHAPTER 5.38
FORTUNE - TELLING
Sections:
5.38.010
Purposes and Findings
5.38.020
Permit Required
5.38.030
Definitions
5.38.040
Permit Application
5.38.050
Investigation
5.38.060
Hearing and Decision by the Business
License Officer
5.38.070
Approval of Permit
5.38.080
Term of Permit
5.38.090
Posting of Fees
5.38.100
Receipts
5.38.110
Client's Record of Consultation
5.38.120
Exception -- Entertainment
5.38.130
Exception -- Religious Practice
5.38.140
Business License Fee
5.38.010
Purpose and Findings.
(1) 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.
(2) 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.
(3) 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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(4) 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.
(5) For these and other reasons, the provisions of
this Chapter are necessary to protect the health, safety
and welfare of the community.
5.38.020. 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.
5.30.030. Definitions.
As used in this Code:
(1) "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.
(2) "For Pay" shall mean for a fee, reward,
donation, loan or receipt of anything of value.
5.38.040. 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:
(1) The name, home and business address, and home
and business telephone number of the applicant;
(2) The record of conviction for violations of the
law, excluding minor traffic violations;
(3) The fingerprints of the applicant on a form
provided by the Police Department;
(4) 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; and
(5) A nonrefundable application fee in an amount
set by Council Resolution.
5.34.050. Investigation.
Upon the filing of the application, it shall be
referred to the Police Department for investigation,
report and recommendation. The investigation shall be
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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 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.
5.33.060. 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
9.16.050. 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.
5.38.070. Approval of Permit.
The Business License Officer shall approve or
conditionally approve the permit if he or she makes all
the following findings:
(1) All the information contained in the applica-
tion and supporting data is true;
(2) 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;
(3) The applicant has paid the required business
license fee; and
(4) The applicant agrees to abide by and comply
with all conditions of the oermit and applicable laws.
5.38.080 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.
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5.38.090. Posting of Fees.
(1) Each person required to obtain a permit
pursuant to Section 9.16.020 shall post on his or her
business premises a sign containing the following
information:
A. The true name of the fortune - telling
practitioner;
B. Each service provided by the
fortunetelling practitioner;
C. The fees charged for each service provided
by the fortune - telling practitioner; and
D. The statement, "By law, this business is
prohibited from charging or soliciting any
fee, payment or remuneration beyond these
established rates."
(2) 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.
(3) 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.
(4) 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.
5.38.100. 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
Eortune- 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.
5.38.110. 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.
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5.38.120. 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
entertainment except in a manner to permit all persons
present at such public place to hear such answers.
5.33.130. Exception - Religious Practice.
The provisions of this Chapter shall not be
applicable to any person conducting 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 (here-
inafter 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:
(1) Except as provided in subsection (3)
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;
(2) 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; and
(3) 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.
5.38.140. Business License Fee.
Every person engaged in operating a fortune -
telling business for pay, as defined in Section 5.38.030,
shall pay a license fee in accordance with the following
schedule:
(a) 1 basic fee of Fifty Dollars ($50.00) per
year and Sixty Dollars ($60.00) per year for
each employee.
(b) In addition, each such person shall pay a
fee of $0.05 per square foot of floor area
occupied for such business purpose, and,
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(c) in addition, each such person shall pay
Ten Dollars ($10.00) per year for each addi-
tional 'business location within the City.
For the purpose of determining the number of
employees in any business subject to this
section the term "employee" shall mean any
person employed in a full time, part time, or
temporary capacity and working in said business
for a wage, salary, commission, fee or board and
room.
The number of employees of the said business,
for the purposes of this section, shall be
determined by totaling the number of hours
worked by all employees (as defined herein)
during the license period, and thereafter
dividing that number by 40, and the result
thereof by 52, or a number less than 52 which
reflects the number of weeks the business
operated during the license period.
For the purpose of this section, "floor area"
means the total floor space in terms of square
footage occupied by an owner, lessee or renter
in a building except:
(1) elevator shafts;
(2) stairwells;
(3) courts or atriums uncovered and open to
the sky;
(4) rooms exclusively housing building oper-
ating equipment; and,
(5) parking areas."
SECTION 2. This ordinance shall become effective at
midnight on the thirtieth day from and after the final passage
and adoption hereof.
SECTION 3. The City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in
the book of original ordinances of said city; shall make a minute
of the passage and adoption thereof in the records of the meeting
at which the same is passed and adopted;. and shall within fifteen
days after the passage and adoption thereof, cause the same to be
pubished once in the E1 Segundo Herald, a weekly newspaper of
general circulation, published and circulated within said City of
E1 Segundo and which is hereby designated for that purpose.
PASSED, APPROVED and ADOPTED this 4th day of February,
1986.
Mayor of t the City of E1 Segundo,
California'
AT
City Cler
(SEAL)
or-in
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart , City Clerk of the
City of E1 Segundo, California, DO HEREBY CERTIFY that the whole
number of members of the City Council of the said City is five;
that the foregoing ordinance, being Ordinance No. 1080 is a
full, true correct original of Ordinance No. 1080 of the
said City of E1 Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, REPEALING CHAPTER 9.16
(FORTUNETELLING) OF TITL 9 (PEACE, SAFTEY AND
MORALS) AND ADDING A NEW CHAPTER 5.38 (FORTUNE —
TELLING) TO TITLE 5 (BUSINESS REGULATIONS AND
LICENSING) OF THE EL SEGUNDO MUNICIPAL CODE.
which was duly passed and adopted b
approved and signed by the Mayor of
the City Clerk of said City, all at
Council held on the 4th day of
and that the same was so passed and
vote:
Y the said City Council,
said City, and attested by
a regular meeting of the said
February , 19 86
adopted by the following
AYES: Councilmembers Jacobson, Schuldt, Siadek
Synadinos S Mayor Armstrong
NOES: Councilmembers None
ABSENT: Councilmembers None
I do hereby further certify that pursuant to the provisions
of Section 36933 of the Government Code of the State of
California, that the foregoing Ordinance No. 1080 was duly
and regularly published according to law and the order of the
City Council of said City of E1 Segundo Herald, a weekly
newspaper of general circulation, printed, published and
circulated within said City and that the same was so published
therein on the followin date, to wit: February 13, 1986
t &_
City Clerk of the
City of E1 Segundo, California
(SEAL)
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