City of Long Beach - File #: 13-0996

• File #: 13-0996
• Version: 2
• Name: CA - Fortunetelling Ord.
• Type: Ordinance
• Status: Adopted
• File created: 11/6/2013
• In control: City Council
• On agenda: 12/3/2013
• Final action: 12/3/2013
• Title: Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 5.38.010, Tables 32-1 and 32-1A in Chapter 21.32, by amending the Use District Tables for PD-25 (Atlantic Avenue Planned Development District), PD-29 (Long Beach Blvd Planned Development District) and PD-32 North and South (Douglas Park Planned Development District); and by repealing Sections 5.38.020 through 5.38.140, all relating to fortunetelling, read and adopted as read. (Citywide)
• Sponsors: City Attorney

Date	Ver.	Action By	Action	Result
12/3/2013	2	City Council	approve recommendation and adopt	Pass
11/19/2013	1	City Council	declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading	Pass

TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 5.38.010, Tables 32-1 and 32-1A in Chapter 21.32, by amending the Use District Tables for PD-25 (Atlantic Avenue Planned Development District), PD-29 (Long Beach Blvd Planned Development District) and PD-32 North and South (Douglas Park Planned Development District); and by repealing Sections 5.38.020 through 5.38.140, all relating to fortunetelling, read and adopted as read. (Citywide)

DISCUSSION
Amendments A and C, above, to the Long Beach Municipal Code (LBMC) Titles 5 (Business License) and 21 (Zoning) are required to be made due to changes in state law and threatened litigation. Amendment B is made at the direction of the City Council.

Regulations governing fortunetelling appear in LBMC Sections 5.38 and 21.15.1100. Correspondence was received by City Attorney's Office in July 2013 threatening litigation related to language that was outdated, unclear and constitutionally offensive. The proposed amendment removes the outdated and offensive language, makes the definition of "fortunetelling" in the Business License section consistent with that in the Zoning section; removes the requirement of a $250,000 bond and background check, but maintains the requirement of a City business license. It further removes the requirement of a Conditional Use Permit, and allows fortunetelling in commercial zones in the same manner as personal services.

Regulations governing secondhand dealers are contained in LBMC Sections 5.64.010C and 21.115.2401. The current definition of secondhand dealer does not capture "cash for gold" businesses. The proposed amendments to LBMC 5.64.010.C includes sales of tangible personal property, as determined by the State Attorney General, within the definition of "secondhand dealer" therefore requiring "cash for gold" businesses to record and maintain information from sellers, and thereby possibly deter criminals from attempting to sell stolen...