Ordinance - 1718•
ORDINANCE NO. 1718
AN ORDINANCE OF THE CITY OF WEST COVINA AMENDING
SECTION 15-11 OF CHAPTER 15 OF THE WEST COVINA
MUNICIPAL CODE, RELATING TO THE REGULATION OF
FORTUNE-TELLING AND RELATED PRACTICES
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.
A. 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.
B. , 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
approximate dates where and when the applicant practiced a
similar business, either alone or in conjunction with
others.
5. A nonrefundable application fee as set by
resolution of the City Council of the City of West Covina.
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C. 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
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.
D. Hearing and Decision by Business License
Collector. The Business License Collector 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 subsection C. 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 Collector 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 Collector 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 Collector 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.
E. Granting of Permit. The Business License
Collector shall approve or conditionally approve the permit
if he or she makes all the following findings:
1. All the information contained in the ap-
plication 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 permit and applicable
laws.
F. 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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G. Posting of Fees.
• 1. Each person required to obtain a permit
pursuant to this Section 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;
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.
H. 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.
I. 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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J. 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.
K. 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:
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 Collector 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.
3. Such bona fide church or religious
association, as defined in this Section,
may pay to its ministers a salary or com-
pensation 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 2. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be published
as required by law.
PASS,,EP AND APPROVED this 27 day of May 1984.
2
MAYOR
12
City Clerk
PMT/ORD1342A
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
I, Helene Mooney, City Clerk of the CITY OF WEST COVINA,
do hereby certify that the foregoing Ordinance No. 1718 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 12th day
of May , 198 6. That thereafter, said ordinance was
duly adopted and passed at a regular meeting of the City
Council on the 27 day of May , 1986, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Tennant, Bacon, Manners, Chappell, Shearer
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
City Attorney
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C E R T I F I C A T I O N
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. I? /? 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.
71-L Janet Ber ., Deputy Ci y Clerk
City of West Covina, California
DATED: 6121k�