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No person engaged in any private business, occupation or employment shall directly or indirectly require or make it a condition of the employment of any person that such person so employed shall wear the uniform of the military, naval or marine service of the United States while performing the duties of such private business, occupation or employment.
(Amended by Ord. No. 158,175, Eff. 9/5/83.)
No person shall advertise by sign, circular, handbill or in any newspaper, periodical, or magazine, or other publication or publications, or by any other means, to tell fortunes, to find or restore lost or stolen property, to locate oil wells, gold or silver or other ore or metal or natural product; to restore lost love or friendship, to unite or procure lovers, husbands, wives, lost relatives or friends, for or without pay, by means of occult or psychic powers, faculities, forces, crafts or sciences, including clairvoyance, spirits, mediumship, seership, prophecy, astrology, palmistry, necromancy, cards, talismans, charms, potions, magnetism or magnetized articles or substances, oriental mysteries, magic of any kind or nature, or numerology.
No person shall engage in or carry on any business the advertisement of which is prohibited by this section.
Where the appellant maintained a sign in her window: “Spiritual Science Readings”; offered to tell a witness “everything he wanted to know,” for $2.00; told the witness the witnesses’s wife would return within three days, the witness was going to receive letters with money in them, and the witness would take a trip, and would go back to sea, such facts constituted a violation of Section 43.30 of the Los Angeles Municipal Code, and a conviction was affirmed, even though the appellant defended on the ground that she was a duly ordained minister and that the $2.00 was a donation to the American Church.
People v. Merino, CR A 1921.
Even though the appellant received a salary from the church in return for her collections, she was not exempt under the provisions of Section 43.31.
People v. Merino, Supra.
Where the appellant told the witness that she would be married twice, would marry an attorney, would go to a new job, that the unhappy part of her life would end July 15, that she was in danger of having an accident, but would live to be 70 or 80 years old and appellant charged the witness $1.00, the conviction was sustained even though appellant was an ordained minister of a bona fide church.
People v. Norvell, CR A 1956.
See also: People v. Whittemore, CR A 2031.
“It is not a violation of Section 43.30 of the Los Angeles Municipal Code to tell fortunes unless the person so doing is engaged in or is carrying on any business of fortune telling, or one or more of the other activities therein prohibited...a single act does not constitute a business.” (In this case the court affirmed a conviction of 43.30 and vagrancy, holding that “a reading of the reporter’s transcript convinces us that the proof of defendant’s guilt was overwhelming”; (Bishop dissenting).
People v. Abdullah et Ahmed Saud, CR A 2008.
“Fortune telling...is the practice of foretelling events, or prophesying the future, also the practice or art of professing to reveal future events in the life of another...Tested by this definition many of the acts proved to have been done by defendant, such as narrating the past history of his visitors and characterizing the personalities of the visitors and advising them as to their present and future conduct, do not constitute fortune telling. But other acts shown, such as stating that one visitor would receive a letter from her brother...do come within the above definition...But Section 43.30 of the Los Angeles Municipal Code does not contain a general prohibition of fortune telling...In addition to the words quoted after the phrase ‘by means of,’ there is an enumeration of other arts and practices...But we are satisfied that one who advertised merely to tell fortunes, without specifying any of the enumerated means of doing so, and likewise one who does tell fortunes without professing or exemplifying any of those means, does not violate this ordinance.”
People v. Miracles A. Smith, CR A 2034.
A minister who tells fortunes as a business otherwise than in the performance of their pastoral duties acts in violation of Section 43.30.
People v. Bradford, CR A 2076.
Section 43.30 is constitutional, and does not offend Sections 11 and 21 of Article I of the State Constitution, and even though it were conceded that astrology is a science such a fact of itself would not warrant a person in conducting a business of telling fortunes.
People v. Griffen, CR A 2190.
The provisions of the preceding 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 an accredited representative of any bona fide church or religion where such priest, minister, rector or accredited representative holds a certificate of credit, commission or ordination under the ecclesiastical laws of a religious corporation incorporated under the laws of any state or territory of the United States of America or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which they are affiliated. Provided, however, that any church or religious organization which is organized for the primary purpose of conferring certificates of commission, credit or ordination for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief, shall not be deemed to be a bona fide church or religious organization.
See Annotations under 43.30.
(a) No person circulating, or having charge of control of the circulation of, or obtaining control of the circulation of, or obtaining signatures to, any petition authorized or provided for by the City Charter, or otherwise by law, shall misrepresent or make any false statement concerning the contents, purport or effect of any such petition to any person who signs or who desires to sign, or who is requested to sign, or who makes inquiry with reference to, any such petition, or to whom any such petition is presented for signature.
(b) Petitions – Misrepresentation of Content: No person circulating or having charge or control of the circulation of, or obtaining signatures to any petition not mentioned in the preceding subsection, and which is or is to be presented to any body, board, commission or officer shall willfully or knowingly misrepresent, or make any false statement concerning the contents, purport or effect of any such petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiry with respect to any such petition, or to whom any such petition is presented for signature.
(c) Petitions – False Statements of Contents: No person shall willfully or knowingly circulate, publish or exhibit any false statement or misrepresentation concerning the contents, purport or effect of any petition mentioned in this section for the purpose of obtaining any signature to any such petition or for the purpose of pursuading any person to sign or not to sign any such petition.
(d) Petitions – False Signatures: No person shall file in the office of the City Clerk or with any body, board, commission or officer any petition mentioned in this section to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent or not the genuine signature of the person, purporting to sign such petition or whose name is attached, appended or subscribed thereto.
(e) Petition – True Copy Required: No person circulating or having charge or control of the circulation of, or obtaining signatures to, any petition mentioned in this section shall fail, refuse or neglect to have attached to each paper forming a part of such petition and upon which any signature is written and at the time such signature is written on such paper, a full, true and correct copy of such petition, or to fail, refuse or neglect to exhibit to any person signing, or about to sign, or desiring to sign, or who is requested to sign, any such petition, a full, true and correct copy of such petition, or to fail, refuse or neglect to permit any person signing or about to sign, desiring to sign or who is requested to sign, or who makes inquiry with reference to any such petition to examine such petition for a sufficient length of time to ascertain the contents, purport or effect of such petition.
No person shall impersonate another person or permit or aid in any manner any other person to impersonate them in connection with any examination or request or application for examination for the filing of any position in the classified civil service of this City, or for the issuance of any certificate of qualification, license or permit required by the provisions of this Code.
(Amended in Entirety, Ord. No. 158,408, Eff. 11/20/83.)
Section
44.00 Definitions.
44.02 Powers and Duties of the Department.
44.03 Fraud.
44.04 Notice of Intention.
44.05 Out of State Organizations.
44.06 Accounting System.
44.07 Coin Containers.
44.08 Solicitations on Behalf of Other Persons.
44.09 Solicitation – Information Card.
44.10 Report of Results of Activity.
44.11 Receipts for Contributions.
44.12 Exemptions.
44.13 Hours of Solicitation.
44.14 Commercial Fund-raisers and Solicitors.
44.15 Endorsement.
(Amended by Ord. No. 175,060, Eff. 3/4/03.)
For the purposes of this article, the following terms are defined and shall be construed as indicated here unless it is apparent from the context that they have a different meaning:
(a) “Charitable” shall include philanthropic, social service, benevolent, patriotic, and religious, whether they are actual or purported.
(b) “Contribution” shall include food, clothing, money, property and the loan of money or property.
(c) “Department” shall mean the Police Department.
(e) “Commercial Fund-Raiser” shall mean any person who for pecuniary compensation or consideration received solicits or purports to solicit charitable contributions on behalf of any other person. Pecuniary compensation or consideration shall include, but is not limited to, participation on a percentage basis in any funds solicited or raised. No natural person who is an officer, director, or bona fide paid employee of a charitable organization that is operating in compliance with this article shall be considered a commercial fund-raiser within the meaning of this article. Nor shall any natural person who is working under the direction and control of a commercial fund- raiser be considered a commercial fund-raiser within the meaning of this article.
(f) “Solicitor” shall mean any person who for pecuniary compensation or consideration received solicits or purports to solicit charitable contributions but who is not licensed as a commercial fund-raiser; provided that no natural person who is an officer, director, or bona fide paid employee of a charitable organization that is operating in compliance with this article shall be considered a solicitor within the meaning of this article.
(g) “Solicitation” shall mean and include the following:
(1) Any oral or written request for a charitable contribution made, transmitted, or distributed by any means; and
(2) Any offer to sell any service, item, or right to attend any function or participate in any activity, which offer includes reference to any actual or purported charitable purpose or charitable organization as an inducement to purchase the service, item, or right to attend.
A solicitation shall be deemed completed when made, whether or not the person making it receives a contribution or makes a sale referred to in this article. No communication between natural persons personally known to each other shall constitute a solicitation for purposes of this article. No communication made by electronic mail shall constitute a solicitation for purposes of this article unless the person making the communication is aware that the recipient of the e-mail is located in the City of Los Angeles. No information contained on any website or presented on any television or radio broadcast that is subject to regulation by the Federal Communications Commission shall constitute a solicitation for purposes of this article. Nor shall any statement that a charitable organization is nonprofit, tax-exempt, or funded or supported by charitable contributions by itself constitute a solicitation for purposes of this article. For purposes of this article, “solicitation” shall not include any raffle within the meaning of California Penal Code Section 320.5.
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