HomeMy WebLinkAboutPH 5 FORTUNE TELLING 12-16-85DATE: December 16, 1985
PUBLIC!EARING
Inter Com
TO:
FROM:
SU BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
CO~UNITY DEVELOPMENT DEPARTMENT
AMENOMENTS TO THE MUNICIPAL CODE PERTAINING TO THE REGULATIONS OF
FORTUNE TELLING BUSINESSES
RECOMMENDED ACTION:
It is recommended that Council have first reading by title only and introduce
Ordinances 958, 959 and 960 as they pertain to regulation of fortune-telling
businesses.
SU)~ARY:
With the adoption of Ordinance No. 120 in February, 1959, the municipal code was
amended to make unlawful the practices of palmistry and fortune-telling.
Recently, however, the California Supreme Court ruled that such a blanket
prohibition is unconstitutional in that it restricted freedom of speech. The
court however, did not preclude local jurisdictions from establishing
appropriate land use restrictions in relation to fortune-telling
establishments. Accordingly, the City Attorney's office has drafted appropriate
amendments to the municipal code in compliance with the Supreme Court decision
and establishing specific regulations governing the operation of fortune-telling
businesses. Adoption of Ordinance numbers 958, 959, and 960 will establish land
use requirements, fee schedules and operating regulations for fortune-telling
businesses.
DISCUSSION:
Three separate areas of the City Code must be amended to accommodate
fortune-telling businesses. Specifically, Sections 9232 and 9233 as they
pertain to conditionally permitted uses in commercial districts; Section 2523 as
it pertains to business license tax; and a new Section, 3800, as it pertains to
specific regulations governing fortune-telling. The Planning Commission on
December 9, adopted Resolution No. 2286 recommending to the City Council that
fortune-telling businesses be authorized as a conditionally permitted use in a
Retail Commercial (C-1) and Central Commercial (C-2) zone districts. If the
Council concurs with the Commission's findings and determination, Ordinance No.
958 should be introduced.
The second amendment under consideration quite simply establishes a business
license tax for fortune-telling businesses. Since such businesses have not been
permitted in the past, no fee schedule has been established. With the adoption
of Ordinance No. 959, the license tax for fortune telling shall be $100.00 per
year as recommended by the City Attorney's office.
City Council
Fortune tel ling
page two
Finally, an entirely new section must be added to the City Code. As proposed,
draft Ordinance No. 960 establishes Section 3800 of the code detailing specific
criteria pertaining to the regulation of fortune-telling businesses. A
definition of fortune-telling is stated, specific procedures for permit
processing are set, and background check and surety requirements are all
included in the draft ordinance.
CONCLUSIONS:
In order to implement the required provisions of the municipal code and comply
with the mandate of the Supreme Court, it is necessary to' amend zoning and
business regulation ordinances to authorize fortune-telling businesses. The
restriction of fortune-telling uses to C-1 and C-2 districts is logical in that
most major centers are located in such districts.
Also, the business license tax proposed is consistent with similar enumerated
businesses currently established in the City Code and the $100.00 fee is
considered appropriate. Finally, special consideration and attention has been
given to the preparation of the draft ordinance covering operation of fortune-
telling businesses and it is concluded that the draft ordinance is the most
appropriate manner in which to regulate such activities.
JD:do
attach:
Ord. 958
Ord. 959
Ord. 960
~ Community Development Deparlment J
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ORDINANCE NO. 9 5 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, (ZONING ORDINANCE
AMENDMENT NO.85-9) AMENDING SECTION 9232b AND
SECTION 9233c OF THE TUSTIN CITY CODE PERTAINING
TO THE OPERATION OF FORTUNE-TELLING BUSINESSES.
The City CoUncil of the City of Tustin, California, does
.uereby ordain as follows:
That Section 9232b of the Tustin City Code is hereby
amended to add the following:
9232b (t) . Fortune-telling businesses as defined by
Section 3811 of the Tustin City Code.
II. That Section 9233c of the Tustin City Code is hereby
amended to add the following:
9233c (z) . Fortune-telling businesses as defined by
Section 3811 of the Tustin City Code.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin held on the day of ..,
1 985.
ATTEST
FRANK H. GREINKE
Mayor
MARY WYNN
City Clerk
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959
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SECTION 25~23 OF THE TUSTIN CITY CODE
(FORTUNE TELLING)
The City Council of the City of Tustin, California, does
ordain as follows:
hereby
That Section 2523 of the Tustin City Code be amended
include the following:
2523f. ~or tune-Tell inq.
Every person engaging in the business of fortune-
telling, as defined by Section 3811 of the Tustin
City Code, shall pay an annual license tax in the
amount of $100.00.
to
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the day of , 1985.
ATTEST
FRANK H. GREINKE
Mayor
MARY WYNN
City Clerk
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1 ORDINANCE NO. 960
2 AN ~ OF THE CITY COUNCIL OF THE CITY QF TUSTIN
~ ~ THE ~ QF FORgONE-TELLING
3 The City Council of the City of Tustin, California does hereby
ordain as follows:
4
5 PART 2 FOR~JNE-TELLING
FOR~JNE-TELLING ~ SECTION 3810
6 3810. Purpose.
7 The purpose of this Part is to regulate uses which are
8 recognized as often involving persons engaged in fraudulent
activity and are recognized as having serious objectionable,
9 operational characteristics, particularly when several of them are
concentrated under certain circumstance thereby having a
10 deleterious effect upon the adjacent areas. Special regulation of
these uses is necessary to insure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
11 neighborhood. The primary control or regulation is for the purpose
12 of preventing a concentration of these uses in any one area.
3811. Definitions.
13
14 "Planning Commission" means the Planning Commission of the
City of Tustin.
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"City Council" means the City Council of the City of Tustin.
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"Department of Community Development" means the Department of
17 Community Development of the City of Tustin.
18 "For Pay" shall mean for a fee, reward, donation, loan or
receipt of anything of value.
19
"Fortune-telling" shall mean telling of fortunes, forecasting
20 of fortunes, or furnishing of any information not otherwise
obtainable by ordinary process of knowledge, by means of any
21 occult, psychic power, clairvoyance, clairaudience, cartomancy,
phrenology, spirits, tea leaves, or other such reading, mediumship,
22 augury, astrology, palmistry, necromancy, mindreading, telepathy,
or other craft, art, science, cards, talisman, charm, potion,
23 magnetism, magnetized article or substance, gypsy cunning or
foresight, crystal gazing, oriental n~steries or magic, of any kind
24 or nature.
25 :i 3812. Regulated Uses.
. All uses subject to the provisions of this Chapter shall
26ii comply with all of the regulations contained in this article and
271 the following regulations:
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a) Fortune-telling businesses as defined in Section 3811 are
not permitted in any zone unless a permit is obtained pursuant to
the provisions of Sections 3814-3818 of the Tustin City Code,
provided, however, that if the said businesses to be conducted are
entitled to protections of the First Amendment to the U.S. and
California Constitutions, a permit shall be granted the applicant
if the said businesses comply with the provisions and requirements
of Sections 3814-3818 of the Tustin City Code, without a deter-
mination by the Planning Commission determining whether said
business will be detrimental to the health, safety, morals, comfort
and general welfare of the persons residing or working in the
neighborhood of the proposed use or whether it will be injurious or
detrimental to property and improvements in the neighborhood or the
general welfare of the city.
b) No fortune-telling business shall be granted a permit
unless the property upon which such business is located:
1) Is classified in the zone of C-1 or C-2; and
2) Is not within five hundred (500) feet of any lot
zoned for residential use or occupied as a residential use; and
3) Is not within five hundred (500) feet of any public
park or playground; and
4) Is not within five hundred (500) feet of any lot upon
which there is located a church or educational institution which is
utilized by minors; and
5) Is not within five hundred (500) feet of any lot on
which there is located any adult business, adult hotel/motel, adult
theater, massage parlor, figure model studio, adult bookstore,
arcade, tatoo parlor, tavern use or any other fortune-telling
business.
3813. Measurement of Distances.
For purposes of this Part measurements shall be made in a
straight line without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a
part of the premises where the use described in Section 3812(b) is
conducted to the nearest property line of the premises of a public
park or playground, to the nearest boundary of a district
restricted to residential use by the Tustin City Code, to the
nearest property line of another fortune-telling business or to the
nearest property of any other use listed in §3812(b).
3814. Permit and Compliance With Conditions Required.
a) No person shall conduct, engage in, carry on, participate
in, or practice fortune-telling or cause the same to be done for
pay without having first obtained a permit from the Planning
Commission and without having posted and maintained in full force
and effect a surety bond as required in Section 3818(c)(2).
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b) NO person shall violate any of the terms and conditions of
a permit issued pursuant to this Part, nor any of the regulations
and provisions within this Part. Each day such violation or
violations occur shall constitute a separate offense punishable
pursuant to this Part or Tustin City Code Section 1121 et seq.
3815. Permit Application.
Every natural person who, for pay, actively conducts, engages
in, carries on, or practices fortune-telling shall file a separate
verified application for a permit with the Department of Community
Development along with an application fee of Two Hundred Fifty
Dollars ($250.00). The application shall contain:
a) The full name, home and business address, home and
business phone number and social security number of the applicant.
b) The record of conviction for violations of law, excluding
minor traffic violations.
c)
Tustin Pol ice Department.
The fingerprints of the applicant on a form provided by
d) The address, city and state, and the approximate
where and when the applicant practiced a similar business,
alone or in conjunction with others.
e) Applicant's California driver's license number or,
none, applicant's California identification card number;
dates
ei th er
if
h) Business, oc~cupation or employment of the applicant for
the three (3) years immediately preceeding the date of the appli-
cation;
i) Such other identification and information
discover the truth of the matters herein before
required to be set forth in the application.
necessary to
specified as
3 816. Investigation.
Upon the filing of the application, it shall be referred by
the Department of Community Development to the Police Department
for investigation, report and recommendation. The investigation
shall be conducted to verify the facts contained in the application
and any supporting data. The fingerprints of applicants shall be
checked with the Federal Bureau of Investigation to ascertain prior
criminal activity of applicant. The investigation shall be
completed and a report and recommendation made in writing to the
g) Written statements of at least five (5) persons that the
applicant is of good moral character;
f) Each residence and business address of applicant for the
three (3) years immediately preceeding the date of the application,
and the inclusive dates of each such address;
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Department of Community Development within six (6) weeks after the
filing of the application, unless the applicant requests or
consents to an extension of the time . period.. If the report
recommends denial of the permit to the applicant, the grounds for
the recommended denial shall be set forth. At the time of the
filing of the report and recommendation with the Department of
Community Development, a copy thereof shall be served personally or
by certified mail by the Department on the applicant, accompanied
by a notice to the applicant who may request to be heard when the
Planning Commission considers the application and report.
3817. Hearing and Decision by Planning Commission
a) Upon receipt of the report from the Police Department and
submittal of all other required information the Community
Development Department shall schedule a public hearing before the
Planning Commission in accordance with applicable state and local
law.
b) ' In addition to Mandatory Notice requirements, notice of
time and place of the hearing shall be given to all parties by the
Department of Community Development at least three (3) days prior
to the hearing.
c) The applicant and any person with a residence or business
located within one thousand (1,000) feet of the applicant's
proposed business site shall be heard upon a reasonable request.
d) The decision of the Planning Commission to deny a permit
shall be in writing, shall contain findings of fact and a
determination of the issues presented, and shall be sent to the
applicant within ten (10) days of the decision.
3818. Issuance of Permit
a) The Planning Commission shall approve the issuance of the
permit if they find:
1) Ail the information contained in the application and
supporting data is true.
2) The applicant has not, within the previous one (1)
year been convicted of any violation of this Part or any law
relating to fraud or moral turpitude.
3) The applicant appeared in person at the hearing.
4) The applicant agrees to abide by and comply with all
conditions of the permit and this Part.
b) The Planning Commission shall deny the permit only if it
cannot make each of the findings set forth above.
c) If the Planning Commission approves the permit, the
Planning Commission shall thereafter issue the permit when:
1) The business license fee required by Section 2523f
1 has been paid; and
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2) The applicant has posted with the City Clerk, a
3 surety bond in ther principal sum amount of Ten Thousand Dollars
($10,000.00) executed as surety by a good and sufficient corporate
surety authorized to do a surety business in the State of
4 California and as a principal by the applicant. The form of the
bond shall have been approved by the City Attorney and shall have
5 been given to insure good-faith and fair dealing on the part of the
6 applicant and as a guarantee of indemnity for any and all loss,
damage, theft, or other unfair dealings suffered by any patron of
7 the applicant within the City during the term of the permit.
8 d) Any person denied a permit pursuant to these provisions by
the Planning Commission may appeal to the City Council within ten
9 (10) days of notification of the decision, in writing, stating
reasons why the permit should be granted. The City Council shall
10 set a hearing within thirty (30) days of the receipt of the appeal
and notify the applicant in writing of the hearing date at least
11 five (5) daYs before the hearing. The City Council may grant or
deny the permit and Such decision shall be final upon the
12 applicant. Also, the City Council may elect on its own motion to
review any determination of the Planning Commission granting or
13 denying a permit.
14 e) All permits issued hereunder are nontransferable,
provided, however that a change of location of a fortune-telling
15 business may be permitted pursuant to the provisions hereof.
16 3 81 9. Exceptions.
17 a) The provisions of this Section shall not apply to any
person solely by reason of the fact that he or she is engaged in
18 the business of entertaining the public by demonstrations of mind-
reading, mental telepathy, thought conveyance, or the giving of
19 horoscopic readings, at public places and in the presence of and
within the hearing of other persons, at which no questions are
20 answered as part of such entertainment, except to permit all
persons present at such place to hear such answers.
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b) No person shall be required to pay any fee or take out any
22 permit for conducting or participating in any religious ceremony or
service when such person holds a certificate of ordination as a
23 minister, missionary, medium, healer, or clairvoyant, hereinafter
collectively referred to as minister, froTM any bona fide church or
24. reli.gious association maintaining a church and holding regular
~ services and having a creed or set of religious principals that is
25~: recognized by all churches of like faith; provided that-.
26ii 1) Except as provided in 3) hereof, the fees,
ii gratuities, emoluments, and profits thereof shall be regularly
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27~ accounted for and paid solely to or for the benefit of the bona
ii fide church-or religious association, as defined in this subsection
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2) The minister holding a certificate or ordination from
such bona fide church or religious association, as defined in this
subsection (b), shall file with the Planning Commission a copy of
the minister's certificate of ordination with the minister's name,
aqe, street address, and Dhone number in this City where the
activity set forth in this subsection b) is to be conducted.
3) Such bona fide church or religious association, as
defined in this subsection b), may pay to its ministers a salary or
compensation based upon a percentage basis, pursuant to an agree-
ment between the church and the minister which is embodied in a
resolution and transcribed in the minutes of such church or
religious association.
3820. Revocation and Suspension of Permits.
a) No permit shall be revoked until after a hearing has been
held before the City Council to determine just cause for such
revocation. Such permit shall not be revoked unless the permit
holder is convicted of any violation of this Part or any law
relating to fraud or moral turpitude. Notice of such hearing shall
be given in writing and served at least five (5) days prior to the
date of the hearing thereon. The notice shall state the ground of
the complaint against the holder of such permit and shall state the
time and place where such hearing will be held.
b) Said notice shall be served upon the permit holder by
delivering the same to such person and by leaving such notice at
the place of business or 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 a copy of such notice cannot
be made in the manner provided herein, 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 five (5) days prior to
the date of such hearing.
3821. License.
Each person engaged in the business of fortune-telling as
defined in Section 3811 hereof shall obtain and maintain a business
license in accordance with the requirements of the Tustin City Code
relative to business licenses. Such business license shall be
issued by the Finance Director on payment of the business license
fee.
3822. Hours of Operation.
No fortune-telling operation shall be open for business before
7:00 a.m. or after 10:00 p.m.
3823. Violation and Penalty.
a) Every
telling without
and paying for
person who engages in the practice of fortune-
first obtaining a permit from the City of Tustin
a license to practice fortune-telling or shall
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violate any provision of this Part,
misdemeanor.
shall be guilty of a
b) Any owner, manager or permit holder in charge or control
of a fortune-telling establishment who knowingly employs a person
performing as a fortune-teller as defined in this Part, who is not
in possession of a valid permit or who allows such employee to
practice within such a place of business is guilty of a
misdemeanor.
c) Any fortune-telling business operated, conducted or
maintained contrary to the provision of this Part shall be and
hereby is declared to be unlawful and a public nuisance, and the
City Attorney may in addition to or in lieu of prosecuting a
criminal action hereunder, commence an action or actions,
proceeding or proceedings, for the abatement of such nuisance.
d) Every person who by pretentions to fortune-telling fraudu-
lently obtains from another person money or property of any
description shall be punished pursuant to the penalty provisions of
the Tustin City Code (§1121 et seq.).
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