O2297f:\atty\muni\laws\barry\fortuneintord 10-13-092d
City Council Meeting 10-13-09 Santa Monica, California
ORDINANCE NUMBER 2297 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 8.14.040(d) TO
ALLOW FORTUNE TELLING AS A PERMITTED USE ON OCEAN FRONT
WALK WITHIN THE RVC DISTRICT AND ON LINCOLN BOULEVARD AND SANTA
MONICA BOULEVARD IN THE C4 DISTRICT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds and declares:
(a) Santa Monica Municipal Code Section 6.14.040(d) prohibits fortune telling
everywhere in the City except for the Santa Monica Pier.
(b) The California Supreme-Court in Spiritual Psychic Church v. Azusa, 39 Cal. 3d
501, 217 Cal.. Rptr. 225 (1985) held that fortune telling is a constitutionally protected
activity.
(c) The City is authorized to impose reasonable time, place, and manner restrictions
on the conduct of First Amendment activities, including fortune telling.
(d) Fram a land use and zoning perspective, fortune telling is appropriately located
within the Ocean Front Walk area of the City and in the C4 Districts on Santa Monica
Boulevard and Lincoln Boulevard. Ocean Front Walk is a key destination for visitors and
tourists alike. Ocean Front Walk (identified as thc~l'romenade in the Land Use Element) is
located in the Oceanfront land use district, where policies are intended to provide for a
concentration of visitor serving commercial recreation uses. Specifically, Policy 1.5.4
encourages day and evening pedestrian activity along Ocean Front Walk "by requiring
active uses oriented to walk-in traffic, especially retail and commercial recreation." Fortune
telling is consistent with this land use direction. The C4 District is the City's Highway
Commercial District. This district authorizes awide-range of general commercial and
entertainment uses. Fortune telling as a use is similar to other entertainment-related uses
found and/or permitted within these areas. Zoning Ordinance Section 9.04.08.22.040
conditionally permits billiard parlors and nightclubs. In the Residential Visitor-Serving
Commercial District where Ocean Front Walk is located, Zoning Ordinance Section
9.04.08.12.020 permits games and nightclubs and Section 9.04.08.12.030 permits arcades
with a Performance Standards Permit.
SECTION 2. Santa Monica Municipal Code Section 6.14.040. is hereby amended.
to read as follows:
Section 6.14.040. Recreation and Entertainment Activities
Requiring Police Permits.
The following recreation and entertainment activities require a police
permit:
(a) Arcade. Any general enclosure in which is operated or exhibited
any skee ball, bowling, video game, or any other amusement instrument,
game, device or maekio-ne:-
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(b) Bowling, Billiard and Pool Halls.
(c) Dance- Hall. A place where the business of holding or conducting
public dances is regularly carried on and where. a fee is charged. For
purposes of this Code, a dance hall does not include a place where dancing
is held or conducted at an otherwise lawful bar or restaurant even though a
fee or cover charge may be required.
The holder of a license to conduct the business of a public dance hall
shall not be required to procure any additional license to conduct a dancing
academy in the event that such dancing academy is conducted at the same
location and under the management of said public dance hall. The licensee
or his or her agent shall employ the number. of police officers deemed
necessary by the Chief of Police to properly preserve the public health,
peace and safety in said dance hall during the hours said dance hall is open.
Each police officer so2mployed shall be paid the maximum prevailing wage
for special work as established by the City Council. The police officers shall
be-under the direction and control of the Chief of Police. Restrictions on
operating a public dance hall are set forth in detail in Chapter. 6.84, Sections
6.84.010 through 6.84.180 of Article 6 of this Code.
(d) Fortune Telling. Except upon the Santa Monica Pier, or along
Ocean Front Walk in the RVC District or along Santa Monica Boulevard and
Lincoln Boulevard in the C4 District where, if duly licensed under the
provisions°o'f-t#'~ode, a person may engage in fortune telling for
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amusement purposes, no person shall carry on, practice or profess to
practice the business or art of astrology, palmistry, phrenology, life reading;
fortune .telling, cartomancy, clairvoyance, clairaudience, crystal gazing,
mediumship, oriental mysteries, spirit photography, spiritwriting, spirit voices,
spirit materialization, etherealization, numerology, physiognomy,
psychometry, seership, prophecy, augury, divination, magic or necromancy,
or other similar art or business, and demand or receive directly or indirectly, a
fee or reward, or accept any donation for the exercise or exhibition of this art
therein, or give an exhibition thereof at any place where an admission fee,
donation or reward is charged or received, directly or indirectly.
(1) Prohibited Acts. No person shall, by means of occult or psychic
powers, faculties, or forces, spirits, cards, talismans, charms, potions,
magnetism, or magnetized articles or substances, oriental mysteries or any
craft or art described in the preceding subsection purport to or find or restore
lost or stolen property, locate oil weds, gcritf esr x~het ore or metal or
natural product, restore lost love or friendship or affection, unite or procure
lovers, husbands, wives, lost relatives or friends, or by such means give any.
counseling or advice whatsoever, and demand or receive directly or indirectly
a fee or reward or accept any donation therefor.
(2) Advertising Illegal Acts. No person shall advertise by sign,
circular, handbill, or in any newspaper, periodical or magazine, or other
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publication or publications, radio, television, or by any other media or means,
that he or she will do anything which is prohibited by this subsection.
(e) Rides--Manual, Electrical or Mechanical Operated.
(f) Shooting Gallery.
(g) Skill Games,, Machines, and Amusement Devices. Manual
games of skill, mechanical and electrical machines, pool tables, shuffle
alleys; bowling, video, or similar games of amusement or skill.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence,, clause, or phrase. of this
Ordinance:is-'far any-reason held to be invalid or uncctitutronal by a decision of any court
of competent jurisdiction, such decision .shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that itwould have passed this
Ordinance and- each and every section, subsection;`sentence, clause, or phrase not
declared invalid or unconstitutional without regard to ~nrhether any portion of the ordinance
would be subsequently declared invalid or unconstitutional
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SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shail become effective 30
days from its adoption.
APPROVED AS TO FORM:
A SHA J E M TRIE
Cit Attorn y
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Approved and adopted this 13th day of October, 2009
Ken Gense'r, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I; Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2297 (CCS) had its introduction on September 22"d, 2009, arid
.was adopted at the Santa Monica City Council meeting held on October 13th, 2009, by
the following vote:
Ayes: Council members: Bloom, Holbrook, McKeown, Shriver
Mayor Genser, Mayor Pro Tem O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Davis
A summary of Ordinance No. 2297 (CCS) was duly published pursuant to California
Government Code Sectidn 40806.
ATTEST:
~~I
Maria Stewart, City Jerk