Ord 1837 - Enacting Article V of Chapter 4 of the Town Code Relating to Fortune-TellingORDINANCE 1837
AN ORDINANCE OF THE TOWN OF LOS GATOS ENACTING ARTICLE V
OF CHAPTER 4 OF THE TOWN CODE RELATING TO FORTUNE - TELLING.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
Article V of Chapter 4 of the Town of Los Gatos Code is hereby enacted to read
as follows:
ARTICLE V.
FORTUNE- TELLING
Section 4 -80. Purpose.
The practice of fortune - telling, as defined in this section, is subject to abuse
by certain unscrupulous practitioner(s)s using the practice to commit fraud and
larceny upon clients. The purpose of this section is to identify the operators of the
business of fortune - telling in such a manner as to reduce the risk of fraud and
larceny to clients. The provisions of this section are necessary to protect the health,
safety and welfare of the community at large and the patrons of fortune- telling
establishments in particular.
Section 4 -81. Definitions.
(a) "Fortune- telling" shall mean and include, but is not limited to, 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 powers, faculty or force, including, but not limited to clairvoyance,
cartomancy, clairaudience, phrenology, spirits, tea leaves, or such reading,
mediumship, seership, augury, palmistry, necromancy, mind- reading, telepathy, or
other craft, cards, talisman, charm. potion, magnetism, magnetized article or
substance, crystal gazing, or oriental mysteries, of any kind or nature.
(b) "For pay" shall mean a fee, reward, donation, loan or receipt of
anything of value.
(c) "Fortune- Teller" shall mean any operator who, for any consideration
whatsoever, engages in the practice of fortune- telling as herein defined in subsection
(
(d) "Operator" shall mean any individual, partnership, copartnership, firm,
association, joint stock company, corporation, or combination of the above in
whatever form or character.
Section 4 -82. Registration and Business License Required.
No operator shall conduct, engage in, carry on, participate in, or practice
fortune- telling or cause the same to be done for pay without having first registering
with the Chief of Police and obtaining a business license as provided in Chapter 15.
A business license shall not be issued until a certificate of registration has been filed
with the Clerk.
Section 4 -83. Registration Required.
Every operator who proposes to maintain, operate, or conduct a fortune -
telling establishment and every fortune - teller operating in the Town of Los Gatos
shall register with the Chief of Police upon a form provided by the Chief of Police
and shall pay a non - refundable processing fee in the amount to be specified by
resolution of the Town Council.
Every registration form submitted to the Chief of Police shall include the
following information:
(1) The name, including any aliases, home address and present business
address of the registrant;
(2) The applicant's height, weight, color of eyes and hair, and the date and
place of birth of the registrant;
7
(3) The registrant's social security number and driver's license number or
California identification card number;
(4) The address and telephone number of the proposed location for the
conduct of business in the Town;
(5) Whether the applicant has ever been convicted of a crime involving
embezzlement, fraud, larceny, false pretenses, misrepresentation, or any
other act of deceit or moral turpitude resorted to with intent to deprive
another of his /her right, or resulting in injury to another, and if so, the
nature of the offense;
(6) Employment or business record of the applicant for the previous five
(5) years; and
(7) Fingerprints of the registrant on a form provided by the Police
Department.
Section 4 -84. Posting Sign of Services and Fees.
Every operator required to register pursuant to this section shall post on
his /her /its business premises a sign containing the following information:
(1) The true name of the fortune - telling practitioner(s);
(2) Each service offered and provided by the fortune - telling practitioner(s);
(3) The fees charged for each service offered and provided by the fortune-
telling practitioner(s); and
(4) The statement, "By law, this business is prohibited from charging or
soliciting any fee, payment or remuneration beyond these established
rates."
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 operator seeking the services of the fortune - teller. The sign lettering shall
be of uniform size with each letter at least one -half (1/2) inch in height.
3
Section 4 -85. Posted Fees.
No operator shall charge any fee, payment, remuneration, or item of value
for fortune - telling services in excess of the fees set forth on the sign required by this
section.
Section 4 -86. 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 showing the date, name of client,
amount of money received or specific description of item of value received, and
purpose for which the consideration was received.
Section 4 -87. Operating Requirements.
(a) All fortune - telling establishments must comply with the Town Zoning
Ordinance and all other federal, state and local laws, codes and regulations.
(b) No fortune - telling establishment shall be located closer than 1000 feet
to any other registered fortune - telling establishment.
(c) Fortune - telling establishments may be open for operation only between
the hours of 7:00 a.m. and 10:00 p.m. inclusive, of each day, or as otherwise
permitted by applicable zoning regulations.
(d) In addition to registering bis /her /its business with the Chief of Police,
and obtaining a business license from the Town Clerk, every operator of a fortune -
telling establishment shall maintain a register of all fortune - tellers employed on the
premises. Such register shall be available for inspection during regular business
hours by any police officer of the Town of Los Gatos.
Section 4 -88. Exceptions.
(a) Entertainment. The provisions of this section shall not apply to any
operator 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 operators in attendance, and at which no questions are answered as part
in
of such entertainment except in a manner to permit all operators present at such
public place to hear such answers.
(b) Religious Practice. The provisions of this section shall not be
construed to include, prohibit or interfere with the exercise of any religious or
spiritual function of any priest, minister, rector or accredited representative of either
any church exempt from the payment of federal income taxes under Internal
Revenue Code Section 170 (b)(1)(A)(i), or any religious organization with a body
of believers or communicants which assemble regularly to worship, and which is
readily available to the public in its conduct of worship, educational instruction and
promulgation of a doctrine or belief.
Section 4 -89. Violation Declared a Misdemeanor and Nuisance.
Any fortune - teller or fortune- telling establishment operated, conducted or
maintained contrary to the provisions of this section shall be and the same is
declared to be a misdemeanor and a public nuisance.
SECTION II
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper
of general circulation published and circulated in the Town.
5
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on August 20, 1990 and adopted by the following vote as an ordinance
of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
September 4, 1990.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Brent N. Ventura
Mayor Thomas J. Ferrito
NAYS: Robert L. Hamilton
ABSENT: NONE
ABSTAIN: NONE
SIGNED:
MAYOR OF TH TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OFT E � TOW=NOF LOS GATOS
LOS GATOS, CALIFORNIA
a any: \ad"l: \f ortu neltcr
1