4616ORDINANCE NO. 4616
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING CHAPTER 4.40 OF TITLE 4 AND
ENACTING A NEW CHAPTER 4.40 OF TITLE 4 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING TO FORTUNETELLING
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1. That Chapter 4.40 of Title 4 of the Anaheim
Municipal Code be and the same is hereby repealed.
SECTION 2. That Chapter 4.40 of Title 4 and the same is
hereby added to the Anaheim Municipal Code to read as follows:
"Chapter 4.40 FORTUNETELLING
4.40.010 Definition - Fortunetelli
The term "fortunetelling" shall mean the telling of fortunes,
forecasting of futures, or furnishing any information not
otherwise obtainable by the ordinary processes of knowledge, by
means of any occult or psychic power, faculty or force,
clairvoyance, clairaudience, cartomancy, phrenology, spirits,
mediumship, seership, prophecy, augury, astrology, palmistry,
necromancy, mind-reading, telepathy, or other similar practice,
craft, art, science, cards, talisman, charm, potion, magnetism,
magnetized article or substance, crystal gazing, or magic of any
kind or nature, or engaging in, practicing or carrying on any art,
profession or business, the advertisement and practice of which is
regulated by this Chapter.
4.40.020 Exceptions
A. The provisions of this Chapter shall not apply to
any person solely by reason of the fact that he/she is engaged in
the business of entertaining the public by demonstrations of
mindreading, 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 a manner to
permit all persons present at such public place to hear such
answers, when not conducted in connection with the business of
telling fortunes. Nothing in this section, however, shall be
construed as exempting any such person from the payment of the
applicable license fee, if any, required to be paid by the
licensing provisions of this Code.
B. No person shall be required to pay any fee or take
out any license 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, however, that the fees,
gratuities, emoluments, and profits thereof shall be regularly
accounted for and paid solely to or for the benefit of the church
or religious associations; provided, further, that the person
holding a certificate of ordination from such bona fide church or
religious association, as set forth in this section, shall, before
practicing the profession specified in this Chapter, file with the
License Collector a certified copy of his/her certificate of
ordination with his/her name, age, and street address in this City
where he/she intends to carry on the business. Such bona fide
church or religious association, as defined in this section, may,
however, pay to its ministers, missionaries, mediums, or workers a
salary or compensation based upon a percentage basis; provided,
that the agreement between the church and the minister,
missionary, medium or worker, is embodied in a resolution and
transcribed in the minutes of such church or religious association.
4.40.030 Permit and Compliance
With Conditions Required
A. No person shall conduct, engage in, carry on,
participate in, or practice fortunetelling or cause the same to be
done for any direct or indirect charge, gift, donation, or
subscription by any means whatsoever, without having first
obtained a permit from the License Collector and without having
posted and maintained in full force and effect a surety bond as
required in Section 4.40.060.
B. No person shall violate any of the terms of a permit
issued pursuant to this Chapter nor any of the regulations and
provisions within this Chapter. Each day such violation or
violations occur shall constitute a separate offense.
4.40.040 Application Contents
Every person desiring a permit pursuant to this Chapter
shall file an application with the License Collector upon a form
provided by the License Collector and, at such time, pay the
required fee. The application shall be filed at least sixty days
prior to the practicing fortunetelling or conducting such business
and shall contain the following information:
A. The full, true name and any other names or aliases
now or previously used by the applicant.
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B. The present address and telephone number of the
applicant.
C. The previous addresses of applicant, if any, for a
period of five (5) years immediately prior to the date of the
application and the dates of residence at each.
D. The applicant's height, weight, color of eyes and
hair, and date and place of birth.
E. Two photographs of the applicant at least 2" x 2"
taken within the last six months.
F. Business, occupation or employment history of the
applicant for five (5) years immediately preceding the date of
application.
G. The business license history of the applicant and
whether such applicant, in previous operations in this or any
other city, state, or territory under license, has had such
license or permit for fortunetelling or a fortunetelling business
or similar type of business revoked or suspended, the reason
therefor, and the business activity or occupation subsequent to
such action or suspension or revocation.
H. All convictions within the last five years of any
crime involving dishonesty, fraud, deceit, or moral turpitude.
I. If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its articles of
incorporation or charter, together with the place and date of
incorporation, and the names and addresses of each of its current
officers and directors, and each stockholder holding more than
five percent (5%) of the stock in the corporation. If the
applicant is a partnership, the applicant shall set forth the
name, residence address and dates of birth of the partners,
including limited partners. If the applicant is a limited
partnership, it shall furnish a copy of its certificate of limited
partnership filed with the county clerk. If one or more of the
partners is a corporation, the provisions of this subsection
pertaining to corporations shall apply. The applicant corporation
or partnership shall designate one of its officers or general
partners to act as its responsible managing officer. Such
designated persons shall complete and sign all application forms
required of an individual applicant under this Chapter, but only
one application fee shall be charged.
J. The fingerprints of the applicant on a form to be
provided by the Anaheim Police Department.
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K. Address of the proposed location for the conduct of
the proposed profession, art or business of fortunetelling.
L. Such other identification and information as
reasonably may be required in order to discover the truth of the
matters hereinbefore specified as required to be set forth in the
application.
4.40.050 Investigation
The License Collector with the assistance of the Police
Department, shall make, or cause to be made, an investigation of
each applicant(s) in order to verify the facts contained in the
application or the supporting data.
4.40.060 Issuance of Permit
A. At the conclusion of the investigation, the License
Collector shall approve the issuance of the permit if he/she shall
find:
1. The information contained in the application or
supporting data is true;
2. The applicant has not, within the previous one
year, been convicted of any violation of this
Chapter or any law relating to dishonesty,
fraud, deceit or moral turpitude;
3. The applicant agrees to abide by and comply
with all terms of the permit and applicable
laws of the Anaheim Municipal Code;
4. That the operation, as proposed by the
applicant, if permitted, would comply with all
applicable laws including zoning; and
5. No information has been brought to the
attention of the License Collector as a result
of the investigation which would require the
denial of such permit.
B. The License Collector shall thereafter issue the
permit when:
1. The required fee has been paid, and
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2. There shall have been posted with the City
Clerk a surety bond in the principal sum of
five thousand dollars executed as surety by a
good and sufficient corporate surety authorized
to do surety business in this state and as a
principal by the applicant which shall have
been approved by the City Attorney as to form,
which bond shall have been given to insure good
faith and fair dealing on the part of the
applicant and as a guarantee of indemnity for
any and all loss, damage, injury, theft, or
other unfair dealing suffered by any patron of
the applicant within the City during the term
of the Permit.
4.40.070 Separate Permit for Each Person
Practicing Said Business
Every natural person actively carrying on, conducting or
engaging in fortunetelling for which a permit is required shall
file a separate application, separate photograph and fingerprints,
and pay a separate permit fee as required by the provisions of
this Chapter. Such person shall also post a separate bond as
required herein for each person conducting the practice of
fortunetelling. No permittee shall transfer the permit to any
other person.
4.40.080 Bond Termination
The liability on any bond deposited with the City may be
terminated upon the filing with the City Clerk by the surety on
the bond a written notice to the City that the surety intends to
terminate the liability upon the bond, said termination to become
effective thirty days from and after the day upon which the notice
of intention to terminate liability is filed with the City Clerk;
provided, however, that in no case shall the termination of
liability by the surety on any bond affect any liability incurred
prior to the date of termination thereof.
4.40.090 Permit--Refusal--Appeal.
If the License Collector, following investigation of the
applicant, deems that the applicant does not fulfill the
requirements as set forth in this Chapter he or she shall deny the
application and shall notify the applicant by certified mail of
such denial, within thirty (30) days of the date of application.
Any applicant who is denied a permit by the License Collector may
appeal such denial to the City Manager or designee of the City
Manager pursuant to provisions of this Chapter.
MIS
4.40.100 Permit Suspension and Revocation.
The License Collector may, based on evidence that any of the
provisions of this Chapter have been violated, suspend or revoke a
permit; provided that written notice by certified mail of such
suspension or revocation is furnished the permittee. The
permittee, within fifteen (15) days after receipt of notice of
suspension or revocation, may file an appeal with the City Clerk
to be taken to the City Manager or designee. In the event an
appeal is timely filed, the suspension or revocation shall not
take effect until final decision has been rendered by the City
Manager or designee. If the permittee fails to take an appeal
within the fifteen -day filing period provided herein, suspension
or revocation shall take effect immediately upon expiration of
such filing period. Procedures for appeals shall be those set
forth in Section 4.40.110.
4.40.110 Permit Revocation and Appeals Procedure
No permit shall be revoked until after a hearing shall
have been held before the City Manager or designee to determine
good cause for such revocation, and it is unlawful for any person
to carry on the business of fortunetelling until the suspended
permit has been reinstated by the City Manager or his designee.
Notice of such hearing shall be given in writing and served at
least ten (10) days prior to the date of the hearing thereon. The
notice shall state the ground of the complaint against the holder
of such permit, or against the business carried on by the
permittee at the fortunetelling business and shall state the time
and place where such hearing will be held.
Said notice shall be served upon the permit holder by
delivering the same to such person or by leaving such notice at
the place of business of the permit holder during usual business
hours, with the person who is apparently in charge thereof, or the
residence of the permit holder, in the custody of a person of
suitable age and discretion. In the event the permit holder
cannot be found and the service of such notice cannot be made in
the manner herein provided, a copy of such notice shall be mailed,
postage fully prepaid, addressed to the permit holder at his place
of business or residence at least ten (10) days prior to the date
of such hearing.
After said hearing, the City
render a written decision within
date the matter is submitted for
Manager or his designee shall be
Manager or his designee shall
ten (10) working days from the
decision. The action of the City
final and conclusive.
4.40.120 Permit Cancellation
Upon the discovery of any false statement in the
application or any misrepresentation by the applicant in procuring
the permit, or upon the failure, neglect, or refusal of the
applicant to promptly, voluntarily and without notice, furnish and
file a new bond when the surety on any bond has terminated its
liability, and cause the same to be approved by the License
Collector as to sufficiency of sureties and by the City Attorney
as to form, or in case of death, bankruptcy or removal from the
City of any one or both of the sureties on bond, then and in that
event, the License Collector, may, upon five days' notice to the
applicant, cancel and annul the permit; whereupon the applicant
shall be amenable to the penalties prescribed in this Chapter,
from and after the date of the cancellation, as though in this
Chapter, the permit had never been granted.
4.40.130 Posting of Permit
Every permittee shall post the license in a conspicuous place
upon the premises.
SECTION 3.
SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4.
SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance
provisions previously adopted by the City relating to the same
subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5.
PENALTY
It shall be unlawful for any person, firm or corporation
to violate any provision or to fail to comply with any of the
requirements of this Chapter. Any person, firm or corporation
violating any provision of this Chapter or failing to comply with
any of its requirements shall be deemed guilty of a misdemeanor
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punishable as provided in Section 1.01.370. Each such person,
firm or corporation shall be deemed guilty of a separate offense
for each day during any portion of which any violation of any of
the provisions of this Chapter is committed, continued or
permitted by such person, firm or corporation.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 28th day of May, 1985.
A/ `,�
YOR THE CITY O AHE
ATTEST:
C Y CLERK OF THE CITY OF ANAHEIM
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2476U/042585
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4616 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 21st day of May, 1985, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 28th day of May, 1985, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4616 on the 28th day of May, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 28th day of May, 1985.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4616 and was published once in the
Anaheim Bulletin on the 7th day of June, 1985.
CITY CLERK