Eastpointe puts new fortune telling ordinance into effect

EASTPOINTE, Mich. (WXYZ) - There's a new fortune telling ordinance in Macomb County.

The Eastpointe city council finalized the ordinance protecting citizens from unscrupulous psychics.

Council members began studying the issue last year.

A license costs $150 and can be purchased through the city clerk's office. They must be renewed annually.

The official ordinance reads as follows:

ORDINANCE NO. 1041

AN ORDINANCE TO AMEND THE CODIFIED ORDINANCES OF THE CITY OF EASTPOINTE AND ADD A NEW CHAPTER 873 REGARDING FORTUNETELLING BUSINESS

The City of Eastpointe Ordains:

CHAPTER 873
FORTUNETELLING BUSINESS

873.01 SHORT TITLE.

This chapter shall be known and may be cited as the “Fortunetelling Business Ordinance of the City of Eastpointe” and will be referred to herein as “this chapter.”

873.02 DEFINITIONS.

As used in this chapter, unless the context requires a different meaning:

(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 dispose of property in favor of another, or other such similar activity. Fortunetelling shall also include pretending to perform these actions.

(b) “Persons” shall mean an individual. Corporations and other legal entities shall not be required to obtain a fortunetelling license but are otherwise subject to the General Licensing Ordinance of the City of Eastpointe.

(c) “Temporary” shall mean lasting for a limited time.

873.03 EXCEPTION.

This chapter shall not apply to persons engaged in the entertainment of the public through temporary demonstrations of mindreading, mental telepathy, thought conveyance, magic, giving of horoscopic readings or other fortunetelling at private residences, offices, halls, taverns, restaurants, or other various venues.

873.04 LICENSE REQUIRED.

No person shall practice fortunetelling without first obtaining a license pursuant to this chapter.

873.05 LICENSE APPLICATION.

Any person desiring a fortunetelling license shall file a written application with the City Clerk, on a form to be furnished by the City Clerk. The applicant shall tender with the application a non-refundable license fee and shall furnish the following information.

(a) The business address and telephone number where the fortunetelling is to be practiced;

(b) The following personal information concerning the applicant;

(1) The name, complete residence address and residence telephone number.

(2) The two previous addresses immediately prior to the present address of the applicant.

A. Written proof showing date of birth;

B. Height, weight, color of hair and eyes and sex;

C. Two front-face portrait photographs taken within thirty days of the date of the application, at least two inches by two inches in size;

D. The fortunetelling or similar business history and experience, including, but not limited to, whether or not such person, in previously operating in this or another city or state under a license or permit, has had such a license or permit denied, revoked or suspended, the reason therefor and the business activities or occupations subsequent to such action of denial, suspension or revocation;

E. All criminal convictions, other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted, the offense for which convicted and the circumstances thereof, and

F. A complete set of fingerprints taken and to be retained on file by the Police Chief or his or her authorized representative.

(3) Authorization for the City and its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

(4) A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct. Such declaration shall be duly dated and signed in the City.

873.06 INVESTIGATION.

(a) Upon receiving

an application for a fortuneteller’s license, the City Clerk shall refer such application to the Police Chief who shall conduct an investigation into the applicant’s moral character and personal and criminal history. The Police Chief may, in his or her discretion, require a personal interview of the applicant and such further information, identification and physical examination of the person as shall bear on the investigation.

(b) Before the City Clerk shall issue any fortuneteller’s license under this chapter, the Police Chief shall first submit to the City Clerk, within forty-five (45) days of the receipt of an application, a report of his or her investigation and his or her recommendation.

873.07 LICENSE ISSUANCE; CONDITIONS FOR DENIAL.

The City Clerk, upon receipt of an application for a license required by this chapter, and the reports and recommendations of the Police Chief and any other department, shall place such application upon the agenda for the next regularly scheduled Council meeting, provided that such meeting is not less than six (6) days from the date of receipt of such application by the City Clerk. If it is less than six (6) days from such receipt, such application shall be placed upon the agenda for the following meeting of Council.

Council shall determine whether or not such license shall be issued after reviewing the report of investigation and the recommendations of the Police Chief and other code enforcement officers. Council shall direct the City Clerk to issue a fortuneteller’s license within fourteen (14) days, unless it finds that:

(a) The correct license fee has not been tendered to the City, or, in the case of a check or bank draft, such check or draft has not been honored with payment upon presentation.

(b) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City’s building, fire, zoning and health ordinances.

(c) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith.

(d) The applicant has had a fortunetelling business, fortuneteller or other similar permit or license denied, revoked or suspended by the City or any other state or local agency within fifteen (15) years prior to the date of the application.

(e) The applicant is not over eighteen (18) years of age.

(f) The applicant has ever been convicted of any crime involving moral turpitude including, but not limited to prostitution and pandering, gambling, extortion, fraud, criminal usury, unless such conviction occurred at least fifteen years prior to the date of the application.

If Council denies any application, it shall specify the particular grounds for such denial and shall direct the City Attorney to notify the applicant by regular mail addressed to the applicant at the address shown on the application. Such notice shall specify the grounds for which the application is denied.

873.08 HEARINGS; APPEALS; VARIANCES.

(a) Within twenty (20) days of the date of denial of an application for a fortuneteller’s license, the applicant may request, in the form of a written application to the City Clerk, a hearing before Council for reconsideration of his or her license application or for a variance of any of the provisions of this chapter, the violation of which provision constituted grounds for the original denial of the application. Such hearing shall be conducted as follows:

(1) At the hearing, the applicant and his or her attorney may present and submit evidence on the applicant’s behalf to show that the grounds for the original denial no longer exists.

(2) After reviewing an applicant’s evidence, Council shall determine whether to sustain the denial or grant the application for the license.

(3) At the hearing, the applicant and his or her attorney may present a statement and adequate evidence showing that:

A. There are exceptional or extraordinary circumstances or conditions applying to the proposed fortuneteller applicant referred to in the appeal application submitted to the City Clerk, which circumstances or conditions do not apply generally to any proposed fortuneteller; or

B. The granting of such fortunetelling fortuneteller’s license will not, under circumstances of the particular case, materially affect adversely the health, safety or welfare of the persons residing or working in the neighborhood, or attending any fortunetelling business, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to the immediate neighborhood or the City at large.

(b) In all cases where Council grants a variance of any provision of this chapter, Council shall find that:

(1) The granting of the variance, under such conditions as Council may deem necessary or desirable to apply thereto, will be in harmony with the general purpose and intent of this chapter, and

(2) It