ORD-48-85 CONCERNING THE REGULATION OF THE PROFESSION BUSINESS OR ART OF FORTUNETELLINGORDINANCE NO. 48-
85 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTING CHAPTER 5.
55 CONCERNING THE REGULATION OF THE
PROFESSION,BUSINESS OR ART OF
FORTUNETELLING.WHEREAS, The California Supreme Court in
Spiritual Psychic Science Church of Truth, Inc. v. City of
Azusa declared Azusa's ordinance, which prohibited the practice
or business of fortunetelling in that city, in violation of
the free speech provisions of Article I, Section 2 of
the Constitution of the State of California;
and WHEREAS, Section 9.20.010 of the Orange Municipal
Code,a measure very similar to the Azusa ordinance, was
repealed by the City Council on December 10, 1985;
and WHEREAS, the City Council has determined that while
the practice, business or art of fortunetelling shall not
be prohibited, fortunetelling may be and shall be subject
to reasonable regulation;
and WHEREAS, the City Council intends to adopt this
Ordinance to reasonably regulate fortunetelling within the City
of
Orange.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:Section
I:Section 5.32.080B of the Orange Municipal Code
is amended to revise the second paragraph by adding the
word fortunetelling" in the sequence of stated businesses
between food-handling facilities" and "massage
parlor." The stated businesses shall read
as follows:Ambulances, amusements, antique shop,
billiards, circus,coin shop, concealable firearms sellers'
permit, escort bureau, dance, entertainment, food-
handling business, food-handling facilities, fortunetelling,
massage parlor, pawnbroker,secondhand dealer, auctioneer,
security business, soliciting,solicitors, special event, special
pageant, tow truck,vehicle for hire,
Section II:
Section 5.32.130 of the Orange Municipal Code is
amended to revise the listing of businesses listed under
BUSINESS PERMIT by adding the word "Fortunetelling" between
Escort Bureau Business" and "Massage Parlor." The listing
of businesses shall read as follows:
BUSINESS PERMIT
Amusement Activities
Amusement Device
Amusement Center
Antique Dealers
Circus
Coin Shop
Concealable Fire Arm Dealers
Dance Permit
Entertainment Premises
Escort Bureau Business
Fortunetelling
Massage Parlor
Pawnbroker
Secondhand Dealer
Solicitors
Tow Truck Business
Vehicles for Hire Service
Section III:
Title 5 of the Orange Municipal Code is amended to add
Chapter 5.55, concerning the regulation of fortunetelling,
which shall read as follows:
CHAPTER 5.55
FORTUNETELLING
5.55.010 Definition. "Fortunetelling" as used in this
Chapter shall include the profession, business or art of
astrology, palmistry, phrenology, life-reading,
fortunetelling,cartomancy, clairvoyance, crystal gazing, mediumship,
spirit photography, spirit writing, spirit voices, spirit
material-ization, etherealization, prophecy, augury,
divination,magic, necromancy, fortunetelling by handwriting
analysis,or other similar profession, business or
art.ORD 48-85 2 -
5.55.020 Exceptions. A. The provisions of this
Chapter shall not apply to any person solely by reason of
the fact that he 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
permit fee, if any, required to be paid by the 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 have 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 Business Services
Coordinator a certified copy of his certificate of ordination
with his name, age, and street address in this City where he
intends to carryon 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.
5.55.030 Permit and Compliance With Conditions Required.
A. No person shall conduct, engage in, carryon,
teach, participate in, or practice fortunetelling or cause
the same to be done for pay without having first obtained a
permit from the Chief of Police, through the Business Services
Coordinator, and without having posted and maintained in
full force and effect a surety bond as required in Section
5.55.070B.3.
3 -ORD 48-85
B. No person shall violate any of the terms or conditions
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.
5.55.040 Fees.
to this Chapter shall
Council.
The fees required to be paid pursuant
be set by Resolution of the City
5.55.050 APflication for Permit. Application for a
permit to engage ln fortunetelling shall be made to the
Business Services Coordinator on forms provided by the
Business Services Coordinator, which application shall
contain the information set forth in Section 5.32.010 of
this Code.
5.55.060 Police Investigation of Applicant. The Chief
of Police shall cause each applicant to be flngerprinted and
photographed, a record of which shall be kept in the Office
of the Chief of Police. The applicant shall pay the amount
set by the State for processing the fingerprints. The Chief
of Police shall cause an investigation of each applicant to
be made to determine if such applicant has committed any act
that if done by a permittee would be grounds for revocation
or suspension of a permit, or if such applicant has been
convicted of a felony or any crime that has a substantial
relationship to the permitted business.
5.55.070 Standards for Granting Permit. A. The Chief
of Police shall approve or deny the permit based upon the
grounds set forth in Section 5.32.080 and the location where
the applicant intends to engage in fortunetelling complies
with all applicable health, safety and zoning requirements.
Approval or denial of the permit shall be completed within
forth-five (45) days after a properly completed
application has been submitted by the
applicant.B. The Business Services Coordinator shall
thereafter issue the permit
when:1.The application has been approved by
the Chief of
Police.2.The required fees have been
paid.There shall have been posted with the
Finance Department a surety bond in the
principal sum of Five Thousand ($5,000) Dollars
executed
3.ORD 48-85 4 -
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.
5.55.080 Permit Denial. If the Chief of Police,
following an investigation, determines that the applicant
does not fulfill the requirements for a permit, the permit
shall be denied. Notice of denial and the right to hearing
before the City Manager shall be as provided in Section
5.32.070 of the Orange Municipal Code.
5.55.090 Revocation of Permit. The grounds for revoking
a permit to engage in fortunetelling and the appeal process
in the event of such revocation shall be as set forth in
Chapter 5.34 of the Orange Municipal Code.
5.55.100 Terms and Conditions. The terms and conditions
govern1ng other business permits as set forth in Chapter
5.32 of the Orange Municipal Code shall be applicable to
permits to engage in fortunetelling.
Section IV:
Severability. The City Council of the City of Orange
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 adopted all other portions of
this Ordinance independent of the elimination herefrom of
any such portion as may be declared invalid.
Section V:
A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be
posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance
is to be adopted. A summary of this Ordinance shall also be
published once within fifteen (15) days after this Ordinance's
passage in the Orange City News, a newspaper of general
5 -ORD 48-85
circulation, published and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a
certified copy of the full text of such adopted Ordinance
along with the names of those City Council members voting
for and against the Ordinance in accordance with Government
Code Section 36933. This Ordinance shall take effect thirty
30) days from and after the date of final passage.
ADOPTED this 21st day 1986.
ATTEST:
Marilyn J. Jensen
City Clerk of the City of Orange
kcat
Deputy Citt/Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing Ordinance
was introduced at the regular meeting of the City Council
held on the 14th day of January , 1986, and
thereafter at a regular meeting of said City Council duly
held on the 21st day of January , 19 86 was duly
passed and adopted by the following vote, to wIt:
AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: NONE
ORD 48-
85 Marilyn J.
Jensen Clty Clerk of the City of
Orange4.4A400~JcLtk.
ux-Deputy C
Clerk 6 -