HomeMy WebLinkAboutORD 0960 (1986) 1 ORDINANCE NO. 960
2 AN ORDINANCE OF THE .CITY COUNCIL OF THE CITY OF TUSTIN
CALIFORNIA REGARDING THE PRACTICE' OF. FORTUNE-TELLING
The City Council of the City of Tustin, California does hereby
4 ordain as follows:
5 PART 2 FORTUNE-TELLING
FORTUNE-TELLING ORDINANCE SECTION 3810
6
3 81 0. Pur pose.
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
11 not contribute to the blighting or downgrading of the surrounding
neighborhood. The primary control or regulation is for the purpose
12 of preventing a concentration of these uses in any one area.
13 3811. Definitions.
14 "Planning Commission" means the Planning Commission of the
City of Tustin.
15
"City Council" means the City Council of the City of Tustin.
16
"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 mysteries or magic, of any kind
24 or nature.
25 3 812. Regulated Uses.
26 All uses subject to the provisions of this Chapter shall
comply with all of the regulations contained in this article and
27 the following regulations:
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1 a) Fortune-telling businesses as defined in Section 3811 are
not permitted in any zone unless a permit is obtained pursuant to
2 the provisions of Sections 3814-3818 of the Tustin City Code,
provided, however, that if the 'said ~businesses to be conducted are
3 entitled to protections of the First Amendment to the U.S. and
California Constitutions, a permit shall be granted the applicant
4 if the said businesses comply with the provisions and requirements
of Sections 3814-3818 of the Tustin City Code, without a deter-
5 mination by the Planning Commission determining whether said
business will be detrimental to the health, safety, morals, "comfort
6 and general welfare of the persons residing or working in the
neighborhood of the proposed use or whether it will be injurious or
7 detrimental to property and improvements in the neighborhood or the
general welfare of the city.
8
b) No fortune-telling business shall be granted a permit
9 unless the property upon which such business is located:
10 1) Is classified in the zone of C-1 or C-2; and
11 2) Is not within five hundred (500) feet of any lot
zoned for residential use or occupied as a residential use, except
12 that the Planning Commission may exercise its discretion to allow
the location of fortune-telling businesses within five hundred
13 (500) feet of such use if such location will not be detrimental to
the public health and welfare; and
14
3) Is not within five hundred (500) feet of any public
15 park or playground, except that the Planning Commission may
exercise its discretion to allow the location of fortune-telling
16 businesses within five hundred (500) feet of such use if such
location will not be detrimental to the public health and welfare;
17 and
18 4) Is not within five hundred (500) feet of any lot upon
which there is located a church or educational institution which is
19 utilized by minors; and
20 5) Is not within five hundred (500) feet of any lot on
which there is located any adult business, adult hotel/motel, adult
21 theater, massage parlor, figure model studio, adult bookstore,
arcade, tatoo parlor, tavern use or any other fortune-telling
22 business.
23 3813. Measurement of Distances.
24 For purposes of this Part measurements shall be made in a
straight line without regard to intervening structures or objects,
25 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
26 conducted to the nearest property line of the premises of a public
park or playground, to the nearest boundary of a district
27 restricted to residential use by the Tustin City Code, to the
nearest property line of another fortune-telling business or to the
28 nearest property of any other use listed in S3812(b).
2
1 3814. Permit and Compliance With Conditions Required.
2 a) No person shall conduct, engage in, carry on, participate
in, or practice fortune-telling or cause the same to be done for
3 pay without having first obtained a permit from the Planning
Commission and without having posted and maintained in full force
4 and effect a surety bond as required in Section 3818(c)(2).
5 b) No person shall violate any of the terms and conditions of
a permit issued pursuant to this Part, nor any of the regulations
6 and provisions within this Part. Each day such violation or
violations occur shall constitute a separate offense punishable
7 pursuant to this Part or Tustin City Code Section 1121 et seq.
3 815. Permit Application.
8
Every natural person who, for pay, actively conducts, engages
9 in, carries on, or practices fortune-telling shall file a separate
verified application for a permit with the Department of Community
10 Development along with an application fee of Two Hundred Fifty
Dollars ($250.00). The application shall contain:
11
a) The full name, home and business address, home and
12 business phone number and social security number of the applicant.
13 b) The record of conviction for violations of law, excluding
minor traffic violations.
14
c) The fingerprints of the applicant on a form provided by
15 Tustin Police Department.
16 d) The address, city and state, and the approximate dates
where and when the applicant practiced a similar business, either
17 alone or in conjunction with others.
18 e) Applicant's California driver's license number or, if
none, applicant's California identification card number;
19
f) Each residence and business address of applicant for the
20 three (3) years immediately preceeding the date of the application,
and the inclusive dates of each such address;
21
g) Written statements of at least five (5) persons that the
22 applicant is of good moral character;
23 h) Business, occupation or employment of the applicant for
the three (3) years immediately preceeding the date of the appli-
24 cation;
25 i) Such other identification and information necessary to
discover the truth of the matters herein before specified as
26 required to be set forth in the application.
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3
1 3816. Investigation.
2 Upon the filing of the application, it shall be referred by
the Department of Community Development to the Police Department
3 for investigation, report and recommendation. The investigation
shall be conducted to verify the facts contained in the application
4 and any supporting data. The fingerprints of applicants shall be
checked with the Federal Bureau of Investigation to ascertain prior
5 criminal activity of applicant. The investigation shall be
completed and a report and recommendation made in writing to the
6 Department of Community Development within six (6) weeks after the
filing of the application, unless the applicant requests or
7 consents to an extension of the time period. If the report
recommends denial of the permit to the applicant, the grounds for
8 the recommended denial shall be set forth. At the time of the
filing of the report and recommendation with the Department of
9 Community Development, a copy thereof shall be served 'personally or
by certified mail by the Department on the applicant, accompanied
10 by a notice to the applicant who may request to be heard when the
Planning Commission considers the application and report.
11
3817. Hearing and Decision by Planning Commission
12
a) Upon receipt of the report from the Police Department and
13 submittal of all other required information the Community
Development Department shall schedule a public hearing before the
14 Planning Commission in accordance with applicable state and local
law.
15
b) In addition to Mandatory Notice requirements, notice of
16 time and place of the hearing shall be given to all parties by the
Department of Community Development at least three (3) days prior
17 to the hearing.
18 c) The applicant and any person with a residence or business
located within one thousand (1,000) feet of the applicant ' s
19 proposed business site shall be heard upon a reasonable request.
20 d) The decision of the Planning Commission to deny a permit
shall be in writing, shall contain findings of fact and a
21 determination of the issues presented, and shall be sent to the
applicant within ten (10) days of the decision.
22
3 81 8. Issuance of Permit
23
24 a) The Planning Commission shall approve the issuance of the
permit if they find:
25
1) All the information contained in the application and
26 supporting data is true.
27 2) The applicant has not, within the previous one (1)
year been convicted of any violation of this Part or any law
28 relating to fraud or moral turpitude.
4
1 3) The applicant appeared in person at the hearing.
2 4) The applicant agrees to abide by and comply with all
conditions of the permit and this Part.
3
b) The Planning Commission shall deny the permit only if it
4 cannot make each of the findings set forth above.
5 c) If the Planning Commission approves the permit, the
Planning Commission shall thereafter issue the permit when:
6
1) The business license fee required by Section 2523f
7 has been paid; and
8 2) The applicant has posted with the City Clerk, a
surety bond in the principal sum amount of Ten Thousand Dollars
9 ($10,000.00) executed as surety by a good and sufficient corporate
surety authorized to do a surety business in the State of
10 California and as a principal by the applicant. The form of the
bond shall have been approved by the City Attorney' and shall have
11 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,
12 damage, theft, or other unfair dealings suffered by any patron of
the applicant within the City during the term of the permit.
13
d) Any person denied a permit pursuant to these provisions by
14 the Planning Commission may appeal to the City Council within ten
(10) days of notification of the decision, in writing, stating
15 reasons why the permit should be granted. The City Council shall
set a hearing within thirty~ (30) days of the receipt of the appeal
16 and notify the applicant in writing of the hearing date at least
five (5) days before the hearing. The City Council may grant or
17 deny the permit and such decision shall be final upon the
applicant. Also, the City Council may elect on its own motion to
18 review any determination of the Planning Commission granting or
denying a permit.
19
e) All permits issued hereunder are nontransferable,
20 provided, however that a change of location of a fortune-telling
business may be permitted pursuant to the provisions hereof.
21
3 81 9. Exceptions.
22
a) The provisions of this Section shall not apply to any
23 person solely by reason of the fact that he or she is engaged in
the business of entertaining the public by demonstrations of mind-
24 reading, mental telepathy, thought conveyance, or the giving of
horoscopic readings, at public places and in the presence of and
25 within the hearing of other persons, at which no questions are
answered as part of such entertainment, except to permit all
26 persons present at such place to hear such answers.
27 b) No person shall be required to pay any fee or take out any
permit for conducting or participating in any religious ceremony or
28 service when such person holds a certificate of ordination as a
5
1 minister, missionary, medium, healer, or clairvoyant, hereinafter
collectively referred to as minister, from any bona fide church or
2 religious association maintaining a church and holding regular
services and having a creed or set of religious principals that is
3 recognized by all churches of like faith; provided that:
4 1) Except as provided in 3) hereof, the fees,
gratuities, emoluments, and profits thereof shall be regularly
5 accounted for and paid solely to or for the benefit of the bona
fide church or religious association, as defined in this subsection
6 b).
2) The minister holding a certificate or ordination from
7 such bona fide church or religious association, as defined in this
subsection (b) , shall file with the Planning Commission a copy of
8 the minister's certificate of ordination with the minister' s name,
age, street address, and phone number in this City where the
9 activity set forth in this subsection b) is to be conducted.
10 3) Such bona fide church or religious association, as
defined in this subsection b), may pay to its ministers a salary or
11 compensation based upon a percentage basis, pursuant to an agree-
ment between the church and the minister which is embodied in a
12 resolution and transcribed in the minutes of such church or
religious association.
13
3820. Revocation and Suspension of Permits.
14
a) No permit shall be revoked until after a hearing has been
15 held before the City Council to determine just cause for such
revocation. Such permit shall not be revoked unless the permit
16 holder is convicted of any violation of this Part or any law
relating to fraud or moral turpitude. Notice of such hearing shall
17 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
18 the complaint against the holder of such permit and shall state the
time and place where such hearing will be held.
19
b) Said notice shall be served upon the permit holder by
20 delivering the same to such person and by leaving such notice at
the place of business or residence of the permit holder in the
21 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
22 be made in the manner provided herein, a copy of such notice shall
be mailed, postage fully prepaid, addressed to the permit holder at
23 his place of business or residence at least five (5) days prior to
the date of such hearing.
24
3 821. License.
25
Each person engaged in the business of fortune-telling as
26 defined in Section 3811 hereof shall obtain and maintain a business
license in accordance with the requirements of the Tustin City Code
27 relative to business licenses. Such business license shall be
issued by the Finance Director on payment of the business license
28 fee.
6
1 3822. Hours of Operation.
2 No fortune-telling operation shall be open for business before
7:00 a.m. or after 10:00 p.m.
3
3823. Violation and Penalty.
4
a) Every person who engages in the practice of fortune-
5 telling without first obtaining a permit from the City of Tustin
and paying for a license to practice fortune-telling or !shall
6 violate any provision of this Part, shall be guilty of a
misdemeanor.
7
b) Any owner, manager or permit holder in charge or control
8 of a fortune-telling establishment who knowingly employs a person
performing as a fortune-teller as defined in this Part, who is not
9 in possession of a valid permit or who allows such employee to
practice within such a place of business is guilty of a
10 misdemeanor.
11 c) Any fortune-tell ing business operated, conducted or
maintained contrary to the provision of this Part shall be and
12 hereby is declared to be unlawful and a public nuisance, and the
City Attorney may in addition to or in lieu of prosecuting a
13 criminal action hereunder, commence an action or actions,
proceeding or proceedings, for the abatement of such nuisance.
14
d) Every person who by pretentions to fortune-telling fraudu-
15 lently obtains from another person money or property of any
description shall be punished pursuant to the penalty provisions of
16 the Tustin City Code (~1121 et seq.).
17
TFN :wl :R: 11/2/85: (401)
18
PASSES AND ADOPTED at a regular meeting of the City Council of the
19 C~ty of Tusti~n on t~e 20th day of January, 1986.
21
FRANK'.H'. GREINKE, Mayor
22
24 ~A.R~',!~Ni,! C!~'ty ~le'r'k'.
25
26
27
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7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 960 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 16th day of December, 1985, and was given its
second reading and duly passed an~'~pted at a regular meeting held on the 20th
day of January, 1986, by the following vote:
AYES : COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
Summaries published: Dec. 26, 1985
Jan. 30, 1986