Ordinance No. 837ORDINANCE NO. 837
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING DIVISION 2 OF
CHAPTER 15 OF THE CYPRESS MUNICIPAL CODE
REGARDING FORTUNE- TELLING
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I. Division 2 of Chapter 15 of the Cypress
Municipal Code, "Fortune- telling", is hereby amended to read
as follows:
"DIVISION 2. FORTUNE- TELLING
Section 15 -46.1 Purpose and findings.
A. The practice of fortune - telling, as defined in
this division, has historically been subject to abuse by
certain unscrupulous practitioners using the practice to
commit fraud and larceny upon clients.
B. It is the purpose of this division 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.
C. The provisions of this division 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.
D. Fortune - telling for entertainment purposes, as
defined in this division, does not create the same risk of
fraud and larceny by unscrupulous practitioners as would the
practice with an individual client, since it is done with a
group in a public place for the purpose of entertaining, and
does not involve the private concerns of an individual.
E. For these and other reasons, the provisions of
this division are necessary to protect the health, safety
and welfare of the community.
Section 15 -46 -2 Definitions. As used in this
division:
A. "Fortune- telling" shall mean and include the
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, clarivoyancy, clairaudience, cartomancy, phrenolgy,
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 grazing, or magic, of any kind
or nature.
B. "For pay" shall mean for a fee, reward,
donation, loan, or receipt of anything of value.
Section 15 -46.3 Permit application. Every natural
person who, for pay, conducts, engages in, carries on, or
practices fortune - telling shall file a separate verified
application for a permit with the City Manager. The
application shall contain:
A. The name, home and business address, and
business telephone number of the applicant.
B. A record of all convictions for violations of
this division, or other similar laws regulating fortune -
telling, within five (5) years proceeding the date of the
application.
C. The fingerprints of the applicant on a form
provided by the Police Department.
D. Two (2) copies of a photograph, one inch by
one inch (1" x 1") in size, taken within six (6) months of
the date of the application.
E. 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, for the three (3) years proceeding the date of the
application.
F. All names used by the applicant during the
previous five (5) years in conjunction with a fortune -
telling business or practice.
G. A nonrefundable application fee, to cover the
cost of processing the application, in an amount set by
Resolution of the City Council.
Section 15 -46.4 Investigation. Within three (3)
working days of its filing, the application shall be
referred to the Police Department for investigation and
report. 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
made in writing to the City Manager within fourteen days
(14) after the application is referred to the Police
Department, unless the applicant requests or consents to an
extension of the time period.
Section 15 -46.5 Hearing and decision. The City
Manager shall consider the application and the Police
Department report 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 15 -46.4.
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 at least five (5) days prior
to the hearing. Any interested party shall be heard at the
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hearing. The City shall have the burden of proof should the
City wish to deny the permit. The decision of the City
Manager to approve or deny 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
City Manager shall make his or her decision approving or
denying the permit within forty eight (48) hours after
completion of the hearing on the application for a permit
and shall immediately notify the applicant of his or her
action by personal service or certified mail.
Section 15 -46.6 Approval of permit. The City
Manager shall approve the permit unless he or she makes any
of the following findings:
A. That any of the information contained in the
application and supporting data is false;
B. That the applicant, within one year from the
date of the application, has been convicted of any violation
of this division;
C. That the applicant has not paid the required
business license fee; or
D. That the applicant has not agreed to abide by
and comply with all conditions of the permit and applicable
laws.
Section 15 -46.7 Appeal. Any interested person may
file an appeal of the decision of the City Manager to the
City Council. Said appeal shall be filed with the City
Clerk within fifteen (15) days after notice of such decision
is given.
A. Contents of notice of appeal. An appeal shall
be in writing and shall specify:
(1) The name and address of appellant;
(2) The matter being appealed;
(3) A statement of the ground(s) for the appeal.
B. Hearing of appeal. The City Council shall
hold a hearing in the manner provided herein on any duly
filed appeal within twenty (20) days after said appeal is
filed. Notice of such hearings shall be given to the
appellant, and applicant if the applicant is not the
appellant, not less than ten (10) days before such hearings
either by registered or certified mail, postage prepaid,
return receipt requested, addressed to the appellant at the
address stated in the notice of appeal, and to the applicant
at the address stated in the application. At the time of
the hearing, the Council shall hear and consider all
relevant evidence. At such hearing, the appellant, and the
applicant if the applicant is not the appellant, shall be
given an opportunity to appear either personally or by
counsel and to be heard and to call witnesses on his or her
behalf. The Council may place any person offering evidence
under oath. The hearing may be continued from time to time
as determined necessary by the Council or upon request of
the appellant upon good cause being shown therefor, in the
discretion of the City Council, but in no event more than
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one (1) month after the appeal is first considered by the
City Council.
C. Decision. At the close of the hearing or at
any time within one (1) month thereafter, the City Council
shall determine whether to grant or deny the appeal. Should
the Council order the permit issued, the Council may impose
such reasonable conditions as it deems necessary. The
decision of the City Council shall be final.
D. Notice of decision. Notice of the Council's
decision shall be given within ten (10) days after said
decision is made. Such notice shall be given either by
personal delivery thereof to the appellant at the address
set forth in the notice of appeal, or by registered or
certified mail, postage prepaid, return receipt requested,
addressed to the appellant at said address, and by personal
delivery or certified mail to the applicant if the applicant
is not the appellant. Service by mail shall be deemed to
have been completed at the time of deposit in a facility of
the United States Post Office Department.
Section 15 -46.8 Term of permit. The term of the
permit shall be one (1) year. A renewal application shall
be filed between ninety (90) and thirty (30) days prior to
the expiration of the permit and shall be processed in the
same manner as a new application.
Section 15 -46.9 Posting of fees.
A. Each person required to obtain a permit
pursuant to Section 15 -46.3 shall post on his or her
business premises a sign containing the following
information:
1. The true name of the fortune - telling
practitioner:
2. Each service provided by the fortune - telling
practitioner;
3. The fees charged for each service provided by
the fortune - telling practitioner;
4. The statement, "By law, this business is
prohibited from charging or soliciting any
fee, payment or remuneration beyond these
established rates."
B. 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 lease one -half (1/2") inch in height.
C. 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 eight and one -half
by eleven inch (8 1/2" x 11") paper in legible print or
type. The paper shall also include the name and permanent
address of the person(s) providing the fortune - telling
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services. A true, correct and complete copy of such paper
shall be given to each client prior to providing any
fortune - telling services.
D. 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.
Section 15 -46.10 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. The date;
2. The name of the client;
3. The amount of money received or specific
description of item of value received; and
4. The purpose for which the money or item of
value was received.
Section 15 -46.11 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.
Section 15 -46.12 Revocation of permit. The City
Manager shall, at all times, have the power to revoke any
permit granted hereunder should the City Manager determine:
1. That the permittee has violated any provision
of this division; or
2. That any information contained in the permit
application is false; or
3. That the issuance of the permit was based upon
fraud, mistake or any misleading or untrue
statements.
Should the City Manager have reason to believe that grounds
for revocation exist, the City Manager shall notify the
permittee, by registered mail, return receipt requested,
addressed to the permittee at the address provided in the
application and stated on the permit. Said notice shall set
forth the date, time and location of a hearing to be held on
the matter. Said hearing shall be held within twenty (20)
days after said notice is mailed.
The City Manager shall conduct a revocation
hearing, at the time and place specified, to determine
whether the permit shall be revoked. All interested persons
shall be heard at the hearing. The burden of proof for
revocation shall be on the City.
Unless the permittee agrees in writing to an
extension of time, the City Manager shall make his or her
decision regarding the revocation within forty -eight (48)
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hours after completion of the hearing, and shall cause
written notice of said decision to be sent to the permittee
by registered mail, return receipt requested within twenty -
four (24) after said decision is made. If the permit is
revoked, the notice shall contain findings supporting the
decision. An appeal of the City Manager's decision may be
taken pursuant to Section 15 -46.7.
Section 15 -46.13 Exception - Entertainment. The
provisions of this division 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.
Section 15- 46.14. Exception - Religious
practice. The provisions of this division shall not be
construed to include, prohibit or interfere with the
exercise of any religious or spiritual function of any
priest, minister, rector, or an accredited representative of
any bona fide church or religion where such priest,
minister, rector, or accredited representative holds a
certificate of credit, commission or ordination under the
laws of any state or territory of the United States of
America or any voluntary religious association, and who
fully conforms to the rites and practices prescribed by the
supreme conference, convocation, convention, assembly,
association synod of the system or faith with which they are
affiliated, provided, however, that any church or religious
organization which is organized for the primary purpose of
conferring certificates of commission, credit or ordination
for a price and not primarily for the purpose of teaching
and practicing a religious doctrine or belief, is not deemed
to be a bona fide church or religious organization.
Section 15 -46.15 Penalties. Any person violating
or failing to comply with any provision of this division
shall be guilty of an infraction, and subject to punishment
as set forth in Section 1.7 of this Code.
SECTION II. The City Clerk shall certify the adoption
of this Ordinance, and cause the same to be published as
required by law.
FIRST READ at the regular meeting of the City Council of said
City held on the llth day of December 1989, and finally adopted and
ordered posted at a regular meeting held on the 8th day of January 1990.
A OR OF THE C TY OF Y ESS
ATTEST:
r`L
OF E CITy� (?�E
CYPRESS
CLERK 0 PRESS
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the 8th day
of January , 1990 , by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age"
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS