Ordinance - 1693•
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ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY
AMENDING SECTION 15-11 OF CHAPTER
COVINA MUNICIPAL CODE RELATING TO
AND RELATED PRACTICES
1693
OF WEST COVINA
15 OF THE WEST
FORTUNE-TELLING
THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15-11 of Chapter 15 of the West
Covina Municipal Code is hereby amended to read as follows:
15-11 FORTUNE-TELLING. 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 and without having posted and
maintained in full force and effect a surety bond as
required by this Section.
A. Definitions.
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, 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, cards, talisman, charm, potion, magnetism,
magnetized article or substance, crystal gazing,
oriental mysteries 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 Application. Every natural person who, for
pay, actively conducts, engages in, carries on, or practices
fortune-telling 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
approximate dates where and when the applicant practiced
a similar business, either alone or in conjunction with
others.
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5. An application fee of $100.00.
C. Investigation. Upon the filing of the application,
it shall be referred to the Police Department for investiga-
tion, report and recommendation. The investigation shall be
• conducted to verify the facts contained in the application
and any supporting data. The investigation shall be com-
pleted 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. At the time of the filing of the report and recom-
mendation with the Business License Officer, 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 Business License
Officer considers the application and report.
D. Hearin4 and Decision by Business License Officer.
The Business License Officer shall consider the application
and the report and recommendation at a hearing held on or
before the seventh (7th) day after the filing of the report
and recommendation referred to in Subsection C. Notice of
the time and place of the hearing shall be given to all
parties by the Business License Officer 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 heard upon a reasonable request. City shall
have the burden of proof to show the permit should be
denied. The decision of the Business License Officer 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 Business License Officer shall
make its order denying or granting or conditionally granting
the permit within twenty-four (24) hours after completion of
the hearing on the application for a permit and shall notify
the applicant of its action by personal service or certified
mail.
E. Granting of Permit. The Business License Officer
shall grant 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 the previous six
(6) months, been convicted of any violation of this Article
or any law relating to fraud or moral turpitude;
3. the applicant appeared in -person at the
hearing; and
4. the applicant agrees to abide by and comply
with all conditions of the permit and applicable laws.
• F. Issuance of the Permit. If the Business License
Officer grants the permit, he shall thereafter issue said
permit only after the applicant has paid the license fee
required by Subsection B above and has posted with the City
Clerk a surety bond in the principal amount of $15,000
executed as surety by a good and sufficient corporate surety
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business in the State of California and as a principal by
the applicant. The form of the bond shall have been
approved by the City Attorney and shall have been given to
insure good faith and fair dealing on the,par,t of the
applicant and as a guarantee of indemnity for any and all
• loss, damage, theft, or other unfair dealings suffered by
any patron or customer of the applicant within the City
during the term of the permit. The license fee and term of
bond shall be prorated between date of issuance and January
31, 1986.
G. Term of Permit. The term of the permit shall be for
no more than the term of a regular business license or
January 31, 1986, whichever is earlier. 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.
H. Exception -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.
I. Exception -Religious Practice. No person shall be
required to pay any fee or take out any permit for conduct-
ing or participating in any religious ceremony or service
when such person holds a certificate or ordination as a
minister, missionary, medium, healer, or clairvoyant (here-
inafter collectively referred to as minister) 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 that:
1. Except as provided in 3. hereof, 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 I.
2. The minister holding a certificate of
ordination from such bona fide church or
religious association,.as defined in this
Subsection I, shall file with the Business
License Officer a certified copy of the
minister's name, age, street, address, and
telephone number in this city where the
activity set forth in this Subsection I is to
be conducted.
3. Such bona fide church or religious
association, as defined in this Subsection I,
may pay to its ministers a salary or compensa-
tion based upon a percentage basis, pursuant
to an agreement between the church and the
minister which is embodied in a resolution and
transcribed in the minutes of such church or
religious association.
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J. The issuance of this permit shall be subject to the
applicable provisions and procedures of Title 5 of this
Code.
K. The business license fee shall be that established
• by resolution of the City Council.
SECTION 2. This Ordinance shall expire on January 31,
1986 and after said date shall be of no further force and
effect. Any rights granted by this Ordinance are temporary
and shall expire as of January 31, 1986.
SECTION 3. Pursuant to the provisions of Government
Code Sections 36934 and 36937, the City Council of the City
of West Covina 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. This decision in Spiritual Psychic
Science Church of Truth Inc.v. City of Azusa will be final
on September 14, 1985. On that date, the City will need an
ordinance regulating fortune-telling in compliance with the
Court's decision. The City is studying how best to comply
with the decision and, therefore, has made this ordinance
effective only until January 31, 1986.
SECTION 4. This Ordinance shall be effective
immediately upon its adoption.
SECTION 5. The City Clerk shall certify the adoption of
this Ordinance as an urgency ordinance.
PASSED AND APPROVED this23day of Sept. , 1985.
ATTEST:
CITY CLEW
APPROVED AS TO FORM:
• C TY ATT RNE
MAYOR
— d —
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
I, HELENE M. MOONEY, City Clerk of the City of West
Covina, do hereby certify that the foregoing Ordinance
No. 169: as duly adopted and passed as an urgency ordinance
at a regular meeting of the City Council on the _Lrd day
of September, 1985, by the following vote to wit:
AYES: COUNCILMEMBERS: Chappell, Manners, Bacon, Shearer, Tennant
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
HELENE . MOONEY
CITY CLERK
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CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. /6- :3 . was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation published
and circulated in the City of West Covina.
Janet Berry, City Clerk
City of West Covina, Ca4 ornia
DATED: