HomeMy WebLinkAbout1985-11-05; City Council; 8398; FORTUNETELLING ORDINANCEt
CI~OF CARLSBAD - AGEN~BILL
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CITY MC DEPT. CA
CITY A1 MTG. 1 I/ 05/85
DEPT. k TITLE: FORTUNETELLING ORDINANCE
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RECOMMENDED ACTION:
Introduce Ordinance No. L o 77 regulating the business of fortunetelling as an urgency ordinance.
1 ITEM EXPLANATION
On August 15, 1985 the California Supreme Court decided' the cas Spiritual Psychic Science Church of Truth, Inc. v. City of Azus
declared that ordinances which totally prohibit the business of fortunetelling within a city are invalid. It is, therefore, necessary to repeal the current provisions of the Carlsbad Muni Code which totally prohibit fortunetelling with the City. Fail repeal the unconstitutional provisions would result in a signif liability risk to the City.
Although a total prohibition of fortunetelling is unconstitutio reasonable regulation of the fortunetelling business in order t protect the public health, safety and welfare is permissible.
Ordinance No. Lo77 establishes regulations of the fortunetelling business. It requires any person who engages in fortunetelling to obtain a permit from the police chief. The p chief will issue a fortunetelling permit ifr among other things applicant or any person employed by the applicant has not withil previous year been convicted of any law relating to fraud or mol turpitude. The police chief believes that the permit requireme] are necessary to protect the citizens of Carlsbad from unscrupu: fortunetellers.
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Some cities have included requirements for bonds prior to the issuance of a fortunetelling permit in order to establish a func which citizens who are defrauded by unscrupulous operators may ' compensated for their loss. Because the California Supreme Cou determined that there are first amendment aspects of the
fortunetelling business it is our opinion that such a bond requirement as a precondition to the initial issuance of a lice] may not be valid. For that reason, the ordinance provides that before reissuance of a license after a revocation on the ground a fortuneteller either violated the chapter or had been convictc a crime of fraud or moral turpitude r a bond in the amount of $5,
will be required.
The ordinance contains two exceptions - 1) For persons who engz
fortunetelling as entertainment, i.e. a nightclub act; or 2) fol persons who engage in bona fide religious ceremonies or service: defined in the ordinance.
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Agenda Bill # e39 P
11/12/85
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The ordinance also amends Title 21 of the municipal code to est
fortunetelling as a permitted use in the commercial zones of th City. Further the ordinance amends the business license provis
of the municipal code to add fortunetellers to the list of practitioners who are required. to pay a flat license fee. This upon the recommendation of the City's finance director. The pe application fee of $150 was established after consultation with
police chief and will cover the cost of processing the permit application. The proposed ordinance has been reviewed by the F
and the finance director and both recommend its adoption.
FISCAL IMPACT
Any additional cost for administering the permit program will b offset by the permit fees. The City may gain some minimal addi revenue from the business license fee paid by fortuntellers.
EXIBIT
Ordinance No. 6077
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OCTOBER 25, 1985
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TO: ASSISTANT CITY ATTORNEY
FROM : Finance Director
LICENSING OF FORTUNE TELLERS, PALM READERS, ETC.
It is my understanding that your office is revising Chapter 8.20 of the Munici: Code relating to fortune tellers , palm readers , etc. in order to eliminate any
conflict we may have with existing law on this issue. If this is the case , plea
consider requiring the same police background investigations we currently
require of massage technicians , taxi drivers and several other professions.
In addition, we would like to be sure the code is perfectly clear with respect
to the conduct of this type of business from a residence or on an outcall basi! We have successfully restricted certain other businesses to specific places of
business and should apply the same standard here.
While we are amending the code to allow businesses of this type, we should
also include wording regarding how psychics will be licensed. I recommend
we apply the flat fee portion of the license code to psychics as we do for othe
service related businesses.
We recently received an application for a business license falling into this cate gory. I have instructed my staff to accept the application and to submit it
to all of the regular inspections (Fire , Police , Planning, Building). However,
we will not issue the license without the approval of the City Attorney due
to its direct conflict with the existing Municipal Code. I will keep you posted
on thi? situation as we make progress. .-
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ORDINANCE NO. 6077
AN- URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING TITLE 8, BY
ADDITION OF CHAPTER 5.50; AND AMENDING TITLE 21,
CHAPTER 21.26 BY THE ADDITION OF SECTION
21.26.010(29) TO REGULATE FORTUNETELLING AND
RELATED OCCUPATIONS
- CITY OF CARLSBAD, CALIFORNIA AMENDING THE
REPEALING CHAPTER 8.20; AMENDING TIT,LE 5, BY THE
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is intended to control problems caused by abuses in consumer ‘7
WHEREAS, Chapter 8.20 of the Carlsbad Municipal Codt
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fraud as a result of fortunetelling and related occupations;
WHEREAS, a recent decision of the California Supremc
Court has rendered unconstitutional the provisions of Chapte~
8.20 banning such occupations; and
WHEREAS, the City Council of the City of Carlsbad dc
it necessary to control problems caused by abuses in consume]
fraud as a result of fortunetelling and related occupations
through reasonable business regulations,
NOW, THEREFORE, the City Council of the City of
Carlsbad does ordain as follows:
SECTION 1: That Title 8, of the Carlsbad Municipal
I.9 I1 is amended by repealing Chapter 8.20.
20 ii SECTION 2: That Title 5 of the Carlsbad Municipal c 211! is amended by the addition of Chapter 5.50 to read as follows
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“CHAPTER 5.50
FORTUNETELLIING AND RELATED OCCUPATIONS
Sections
5.50.010 Definitions.
5.50.020 Permit required.
5.50.030 Permit application.
5.50.040 Permit investigation.
5.50.050 Bond required.
5.50.060 Term of the permit.
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5.50.070 Revocation of the permit. 5.50.080 Renewal of fortunetelling license .
' 5.-50.090 Issuance of permit after revocation. 5.50.100 Exception - entertainment.
5.50.110 Exception - reliqious practices.
5.50.010 Definitions. For the purposes of this
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chapter, the following words and phrases shall have the mean:
respectively ascribed to them by this section unless from thc context a different or contrary meaning is clearly intended:
(A) "For Pay" shall mean for a fee, reward, donatil
loan, or receipt or anything of value.
(B) "Fortunetelling" shall mean telling of fortune: forecasting of futures or furnishing of any information not
otherwise obtainable by the ordinary process of knowledge by
means of any occult, physic power, faculty, force, clairvoyal clairaudience, cartomancy, psychology, psychometry, phrenoloc spirits, tea leaves or other such reading, mediumship, seerst prophecy, augury, astrology, palmistry, necromancy, mind reac
telepathy, or other craft, art, science, cards, talisman, chz potion, magnetism, magnetized article.or substance, gypsy cur or foresight, crystal gazing, oriental mysteries or magic of kind or nature.
business of fortunetelling. (C) "Fortunetelling" means persons engaged in the
-9 8 z w 13 5.50.020 Permit required. gz 2
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participate in, advertise, or practice fortunetelling or caus o,=I,Z OWu l4 (A) No person sha.11 conduct, engage in, carry on,
the same to be done for pay without having first obtained a
ma,< '5 permit from the Chief of Police and a business license from t
:p? license collector. Any permit issued pursuant to this chapte $282 16
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vm~m go 9 shall be valid for one year from the date of issuance unless suspended or revoked.
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5.50.030 Permit application. Each application for fortunetelling permit shall be submitted to the Chief of Poli on a form provided by the Police Chief and shall contain the
following information:
1. The name, home and business address and home and business phone number of the applicant.
2. A record of convictions of violations of law of applicant and of any person who is employed by the applicant
conduct or conducts fortunetelling on behalf of the applicant 3. A set of finger prints and current photograph of applicant and of any person who is employed by the applicant conduct or conducts fortunetelling on behalf of the applicant
4. The address, city and state, and approximate dat
where and when the applicant and any person employed by the
applicant to conduct or conducting fortunetelling on behalf c the applicant practiced a similar business either alone or in conjuction with others. 5. A site plan showing the location of the business the interior layout.
6. An application fee of $150.
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01 .. 5.50.040 Permit investigation. Upon receipt of a
complete application and fee the Police Chief shall, within reasonable period of time not to exceed 30 days, conduct an investigation to verify the facts contained in the applicati and-shall grant a fortunetelling permit if he makes all of t
followinq findings:
application and supporting data is true.
applicant to conduct or conducting fortunetelling on behalf I
the applicant has not, within the previous two years, been convicted of any violation of this chapter or any law relati] fraud or moral turpitude. 3. The applicant agrees to abide by and comply wit1 conditions of the permit and applicable laws. 4. The Land Use Planning Manager has certified that
the business location complies with the provisions of Title :
of this code.
1 . That all the information contained in the
2. The applicant or any person employed by the
5.50.050 Bond required. A fortunetelling permit sl: lo
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be issued only after the applicant has paid the license fee
shall be valid for the same period of time and shall run l2
required by Section 5.08.160.
5.50.060 Term of the permit. A fortunetelling pen
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m m 13 concurrently with the term of the regular business license iE for the fortunetelling business. 48 gs 8
ow5 14 OL3Z 5.50.070 Revocation of permit. A fortunetelling PE g.0 z CT Q>>g may be revoked at any time by the Chief of Police after provj
li io permit may be revoked if the applicant or any person employec ;&2
mk c;)XU -X J' l5 . not less than ten days notice and a hearing to the applicant,
l6 the applicant to conduct or conducting fortunetelling' on behz of the applicant violates any provision of this chapter or, i
during the permit period, any event occurs which would disqua
the applicant from. the issuance of a permit.
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5.50.080 Renewal of fortunetelling license. If on
before the 45th day prior to the expiration of a currently va fortunetelling permit the permittee applies for the renewal c the permit the Police Chief shall qrant such renewal provided
finds that all the facts set forth in the original applicatio are substantially the same and provided that such application
accompanied by a fee in the amount of $50 no part of which is
refundable. If all facts set forth in the original applicati' are not substantially the same the applicant for renewal shal
comply with all requirements set forth in the chapter for an
initial application for a permit.
5.50.090 Issuance of permit after revocation. If a 25 1 permittee has had a permit revoked under Section 5.50.070 of chapter a new permit-shall not be issued unless the permittee 26
27 posts wifh the City Clerk a surety bond in the principal amou~ qualifies for a new permit under this chapter and in addition
of $5,000 executed as surety by .good and sufficient corporate
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surety .doing business in the State of California and as a
principle by the applicant. The form of the bond shall be
approved by the City Attorney and shall be given to ensure g( faifh and fair dealing on the part of the applicant as a guarantee of indemnity for any and all loss, damage, theft 0;
other unfair dealing suffered by any patron or customer of tl
applicant within the City during the term of the permit.
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5.50.100 Exception - entertainment. The provision: this chapter shall not apply to any person engaged solely in
business of entertaining the public by demonstration of mind
reading, mental telepathy, thought conveyance, or the giving horoscopic readings in public places and in the presence of c within the heari.ng 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 the publi place to hear such answers.
5.50.110 Exception - religious practices. No persc lo
when such person holds a certificate of ordination as a mini: l1 conducting or participating in any religious ceremony or 'sen shall be required to pay any fee or take out any permit for
collectively referred to as minister) from any bonafide churc I.2 missionary, medium, healer, or clairvoyant (hereinafter
religious association maintaining a church and holding regulz 0 ' * 13 58 services and having. a creed or set of religious principles tl g5 0) is recognized by all cnurch2s of like faith provided that:
OLIZ vu5 14 ZoZ. s>>g 1. Except as provided in subparagraph 2 hereof the mk=l- yra l5 fees, gratuities, emoluments and profits thereof shall be
li dV !?Lao 16 u==4 ggw - 3 section. '5 2 17 2. Such bonafide church or religious association as
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regularly accounted for and paid solely to and for the benefi the bonafide church or religious association as defined in ti
>O defined in this section may pay to its ministers a salary or
between the church and the minister which is embodied in a
religious organization."
l8,I compensation based on a percentage basis pursuant to an agree
1911 resolution and transcribed in the minutes of said church or
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21 il SECTION 3: That Title 21, Chapter 21.26 of the Carl
22 /I Municipal Code is amended by the addition of Section
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21.26.010(29) to read as follows:
In( 29) Fortunetellers as defined in section
25 I SECTION 4: That Title 5, Chapter 5.08 of the Carlsk
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to add fortunetellers to the list of practitioners contained 27 I Municipal Code is amended by the amendment of Section 5.08.16
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ENACTMENT CLAUSE: Pursuant to the provisions of
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City of Carlsbad, California declares this ordinance to be a. 2
Government Code Sections 36934 and 36937 the City Council of
3 urgency ordinance requiring immediate enactment thereof,
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public peace, health, safety and general welfare of the City 5
Immediate enactment is necessary for the preservation of the
6 its citizens, On August 15, 1985 the California Supreme COUI
7 declared that total prohibitions of fortunetelling for
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protect the citizens of Carlsbad from unscrupulous operators l2
-was final on September 14, 1985. Because it is necessary to PI
Spiritual Psychic Science Church of Truth, Inc. v. City of AI lo
Carlsbad Municipal Code is unconstitutional, This decision 9
consideration such as that contained in Chapter 8.20 of the
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&x2 OWa l4 zoza fortunetelling businesses to know what regulations and
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oaZm 328 9 l6 this ordinance be effective immediately upon adoption. zo II
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'5 9 17 DECLARATION OF URGENCY: This ordinance is hereby
restrictions will apply to their business it is necessary thz
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l8 i declared to be an emergency ordinance adopted as an urgency
1911 measure to protect the public health, safety and welfare and
2o take effect immediately upon its adoption. The facts constit
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public health, safety or welfare of the citizens of Carlsbad. 22
the emergency are set forth above and represent a threat to t
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published once in the Carlsbad Journal within 15 days after i 26
certify to the adoption of this ordinance and cause it to be 25
upon passage and the City Clerk-of the City of Carlsbad shall 24
EFFECTIVE: This ordinance shall be effective immedi 23
adopt ion-.
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INTRODUCED, PASSED AND ADOPTED at a regular meeting
the City Council of the City of Carlsbad, California held on
5th day Of November , 1985 by the following vote to
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pet
NOES : None
ABSENT : hne
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APPROVED AS TO FORM AND LEGALITY
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MARY H. JCASLER, Mayor
ATTEST :
LLecfALdBQ- ALETHA L. RAUTENKRANZ, Cltp! Clerk
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