Purpose. | |
Permit Required for Fortunetelling. | |
Definitions. | |
Exception. | |
Application for Permit for Fortunetelling. | |
Permit Grant or Denial. | |
Suspension, Revocation, or Reinstatement of Fortunetelling Permit. | |
Permit Forwarded to Tax Collector; Payment of License Fees. | |
Renewal of Permit. | |
License Fees. | |
Removal or Transfer of Permit or License Prohibited. | |
Deceptive Acts. | |
Receipts. | |
Identification Cards. | |
Rate Schedule and Complaint Procedure. | |
Advertising. | |
Updated Information. | |
Effective Date. | |
Rules and Regulations to Be Adopted. | |
Ascertainment of Compliance with All Law; Inspections Therefor. | |
Penalty. | |
Severability Clause. | |
The purpose of this legislation is to regulate fortunetellers, psychics, and other similar businesses so that the City and County of San Francisco can efficiently and thoroughly investigate fraud and deception, protect the public by preventing people who have been charged with deceptive practices from having easy access to persons who may be vulnerable to fraud or confidence games, to ensure that consumers are provided with information regarding services, rates, and complaint procedures, and to foster a positive business environment for legitimate practitioners within this industry.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
It shall be unlawful for any person to advertise or offer or engage in the activity, enterprise, profession, trade, or undertaking of fortunetelling with the object of gain, benefit or advantage, whether direct or indirect, without a valid permit issued by the San Francisco Police Department. Gain, benefit or advantage includes but is not limited to economic remuneration of any kind, including authorization to use credit issued to another, use of another's property or assets, loans, or the provision of tangible items.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
(a) Fortunetelling shall mean the telling of fortunes, forecasting of futures, or reading the past, by means of any occult, psychic power, faculty, force, clairvoyance, cartomancy, psychometry, phrenology, spirits, tea leaves, tarot cards, scrying, coins, sticks, dice, sand, coffee grounds, crystal gazing or other such reading, or through mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy or other craft, art, science, talisman, charm, potion, magnetism, magnetized article or substance, or by any such similar thing or act. It shall also include effecting spells, charms, or incantations, or placing, or removing curses or advising the taking or administering of what are commonly called love powders or potions in order, for example, to get or recover property, stop bad luck, give good luck, put bad luck on a person or animal, stop or injure the business or health of a person or shorten a person's life, obtain success in business, enterprise, speculation and games of chance, win the affection of a person, make one person marry or divorce another, induce a person to make or alter a will, tell where money or other property is hidden, make a person to dispose of property in favor of another, or other such similar activity.
(b) Fortunetelling shall also include pretending to perform these actions.
(c) Persons as used in Sections 1300 to 1321 shall mean an individual. Corporations and other legal entities shall not be entitled to a fortunetelling permit.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
Sections 1300 through 1321 shall not apply:
(a) To persons solely by reason that the person is engaged in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought conveyance, magic, giving of horoscopic readings or other fortunetelling at public places and in the presence of and within the hearing of other persons, and where any questions answered as part of such entertainment may be heard by all persons present at such public place.
(b) To persons conducting or participating in any religious ceremony as a minister, missionary, medium, healer, or clairvoyant, hereinafter collectively referred to as minister, from any bona fide church or religious association that conducts regular services and has a creed or set of religious principles that is recognized by all groups of like faith, provided that:
(1) The benefit, gain or advantage shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association except that the bona fide church or religious association may pay to its ministers a salary or compensation based upon a percentage only, pursuant to an agreement between the church and the ministers that is embodied in a resolution and transcribed in the minutes of such church or religious association.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
Application shall be on a form provided by the SFPD and shall include:
(a) The full true name under which the business will be conducted.
(b) The applicant's full true name, and other names used, date of birth, California Driver's License or passport or other government-issued identification, present residence address and telephone numbers.
(c) A copy of any fictitious business name statement under which the applicant is or intends to operate.
(d) The name or names under which the permittee will be identifying himself or herself to the public.
(e) The present or proposed address where the business will be conducted. If the business is to be conducted in a street location or other location that is not fixed, the applicant shall so indicate, and provide the applicant's home address.
(f) The applicant's gender, height, weight, color of hair, and color of eyes.
(g) All addresses at which the applicant has resided within five years prior to the application.
(h) The applicant's business, occupation, and employment history for the five years preceding the date of the application.
(i) The occupational permit history of the applicant, including whether such person has ever had a permit or license issued for any fortunetelling or related business, by any agency, board, city, city and county, county, territory or state, the issuing agency, the date of issuance, and whether the permit was suspended or revoked and the reasons therefor.
(j) The address, City and State, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.
(k) All convictions of any crime within the seven years prior to the application other than traffic offenses, whether in California or elsewhere, relating to fraud, theft, burglary, use of violence, deceit or false impersonation.
(l) Information requested by the Chief of Police necessary to ascertain the truth of the matters specified and required on the application.
(m) A full set of fingerprints to be taken by the SFPD.
(n) Photographs to be taken by the SFPD.
(o) The required application fee as set forth in the Administrative Code.
(Added by Ord. 196-03, File No. 021948, App. 8/1/2003)
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