(A) Purpose and Findings.
(1) The practice of fortunetelling, as defined in this section, has historically been subject to abuse by certain unscrupulous practitioners using the practice to commit fraud and larceny upon clients.
(2) The city council wishes to regulate the practice of fortunetelling to reduce the risk of fraud and larceny to clients while allowing fortunetellers to provide their services with only minimal restrictions.
(3) The provisions of this section will make it more difficult for an unscrupulous fortuneteller to commit fraud or larceny, and yet as informational regulations will not affect the nature of the information conveyed or the manner of conveyance.
(4) The regulations require only minimal expense and effort on the part of the fortuneteller and, therefore, will not impose any undue burdens on the fortuneteller's practice.
(5) Fortunetelling for entertainment purposes, as defined in this section, does not create the same risk of fraud and larceny by unscrupulous practitioners as would the practice with an individual client because it is done with a group at a public place for the purposes of entertaining and not to deal with the private concerns of an individual.
(6) Fortunetelling for religious purposes, as defined in this section, creates a low risk of consumer fraud.
(B) Definitions.
(1) “Fortunetelling” shall mean and include telling of fortunes, forecasting of future events or furnishing 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 included to, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, 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.
(3) “Collector” means that person designated by Section 13-1-3 of the Woodland Municipal Code to administer the business license provisions of the code.
(C) Permit Application.
Every natural person who, for pay, conducts, engages in, carries on, or practices fortunetelling shall file a separate verified application for a fortunetelling license with the collector. The application shall contain:
(1) The full true name and any other names used by the applicant;
(2) The two previous residential addresses and business addresses, if any, immediately prior to the present address of the applicant; and current residential and business telephone numbers of the applicant;
(3) The applicant's height, weight, color of eyes, and hair;
(4) The business, occupation, or employment of the applicant for the ten years immediately preceding the date of the application;
(5) The records of all criminal convictions, except minor traffic violations;
(6) Business license history of the applicant, either alone or in conjunction with others; whether the applicant, in previously operating in this city or another city, county or state under a license or permit, has had such license revoked or suspended; the reasons therefor and the business activity or occupation subsequent to such action of suspension or revocation;
(7) Two sets of fingerprints and a photograph taken by the Woodland Police Department to be submitted to the Department of Justice for verification of the information submitted by the applicant, for which the applicant will pay such fees incurred therefor as are charged by the Woodland Police Department;
(8) Such other identification and information as determined by the police chief, any other city department of jurisdiction, or any agency of jurisdiction to be necessary to verify the truth of the matters required by this section;
(9) A nonrefundable application fee in an amount set by council resolution.
(D) Approval of License.
Upon receipt of the completed application the collector shall submit the application to the police department for verification of the information contained in the application. The police department shall submit the fingerprints to the department of justice to verify the information in the application. The police department shall have ten business days to verify the information and report its findings to the collector.
The collector shall then approve the application if:
(1) All of the information contained in the application is true; and
(2) The applicant has not, within one year from the date of application, been convicted of any violation of this section or crimes involving prediction of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude.
The collector shall notify the applicant by mail of the decision.
Any applicant dissatisfied with the decision of the collector may appeal the decision to the city council within ten days after notice of the decision is mailed. The city council shall hold a hearing within thirty days of the application for a hearing. At least ten days before the hearing date, the collector shall mail a notice of the date. The council shall consider evidence and make findings. The council's findings are final.
(E) Term of the Fortunetelling License.
The term of the fortunetelling license shall be the same as the regular business license. A renewal application shall be filed at least thirty days before the license will expire and shall be processed in the same manner as a new application.
(F) Compliance with Other Laws.
Fortunetellers are required to comply with the municipal code and other laws including zoning and business license ordinances. The license issued pursuant to this section is in addition to any necessary business license.
(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 fortuneteller;
(b) Each service provided by the fortuneteller;
(c) The fees charged for each service provided by the fortuneteller;
(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 subsection (G)(1) of 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 fortuneteller. The sign lettering shall be of uniform size with each letter at least one-half inch in height.
(3) If the fortunetelling service is provided at a location other than the fortuneteller's permanent place of business, the fortuneteller shall provide the information required in subsection (G)(1) of this section on paper at least eight and one-half by eleven inches and legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortunetelling services. A true and correct copy of such paper shall be given to each client prior to providing any fortunetelling services.
(4) No person shall charge any fee payment, remuneration or item of value for fortunetelling services in excess of the fees set forth on the sign or paper required by subsection (G) of this section.
(H) Receipts.
Prior to the acceptance of any money or item of value from a client, other than a gratuitous tip given voluntarily by the client, the fortuneteller shall issue to the client a written receipt showing:
(1) The date the service was rendered;
(2) The name of the client;
(3) The amount of money received or a specific description of the item of value received; and
(4) The purpose for which the money or item of value was received.
(I) Client Record of Consultation.
No person engaging in fortunetelling services shall prohibit a client from making an audiorecord- ing or taking written notes of the information conveyed by the fortuneteller.
(J) Exception--Entertainment.
The provisions of this section shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortunetelling 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 section shall not apply to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, healer, or clairvoyant (hereinafter collectively referred to as minister) 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 that:
(1) Except as provided in subsection (H) (3) of this section, the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as herein defined.
(2) The minister holding a certificate of ordination from such bona fide church or religious association shall file with the collector, a declaration under penalty of perjury which states the minister's name, street address, and telephone number in this city where the activity set forth herein is to be conducted.
(3) Such bona fide church or religious association, as defined herein, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.
(L) Revocation of Fortunetelling Permit.
A fortunetelling permit, issued by the collector, shall be revoked or suspended where it is found that the licensee has been convicted of any offense which would be cause for denial of a license upon an original application, has made a false statement on an application for a license, or has committed an act in violation of this section. Revocation proceedings shall be conducted as prescribed by Sections 13-1-30 and 13-1-31.
(M) Violation a Public Nuisance.
The city council declares a violation of this section to be a public nuisance. (Ord. No. 1133, § 2; Ord. No. 1294, § 2.)