City Officials Review High Costs for Fortune Telling Businesses
The Apache Junction City Council discussed potential changes to the city’s business code regarding fortune telling businesses during their work session on Monday evening. Several council members, including Councilmembers Johnson, Nesser, Cross, and Soller, voiced concern over the current $1,200 annual permit fee and questioned the historical reasoning behind the regulation.
Current Regulations
Under Apache Junction City Code (AJCC) Volume I, Chapter 8, a fortune teller is defined as “a person who purports to have the ability to predict a person’s future by palmistry, using a crystal ball or cards, or similar methods.”
The current code requires fortune tellers to obtain both a standard $50 business license and an additional annual permit costing $1,200. The permit also requires approval from the Director of Public Safety.
Senior Planner Nick Leftwich presented research showing that while several Arizona cities have special regulations for fortune telling businesses, Apache Junction’s fee is substantially higher than others. Mesa charges $300, Tempe charges $250 for new applications and $100 for renewals, Scottsdale charges $100 per year, and Tucson requires a $100 fee upon application.
Historical Context
When questioned about the reasoning behind the high fee, City Attorney Richard Stern speculated the regulations likely stemmed from fraud concerns.
“I think it’s a trust element there,” Stern said. “It goes to, well, are these people fraudulent? That’s what that council may have thought at the time.”
Councilmember Bambi Johnson referenced a scam phenomenon in her comments about potential origins of such regulations.
“There was a huge boom in the early 70s of 1-800-CALL THIS NUMBER AND I’LL HELP YOU OUT, and it became one of the largest frauds there was,” Johnson said. “Because you got on the phone and your free one minute turned into a $300 phone call.”
Distinctions in Services
The meeting included discussion about distinctions between fortune telling and other spiritual practices. Leftwich clarified the city’s approach to regulating different services.
“There’s no regulations regarding any kind of spiritual art, but the line has always been once someone purports to tell the future and is charging people for divination of that sort,” Leftwich explained. “We have separated… someone purporting mysticism, psychic art, and then specifically, these regulations have applied only to people purporting to tell the future.”
During the discussion about potential concerns, Bryan Soller commented on the possibility of exploitation, noting, “People talking to spirits can have an emotional impact on somebody that could suck them into spending a lot of money.” The topic of someone claiming to “talk to your dead relatives, talk to your husband, play that emotional card to rip people off” was raised during this conversation.
Council Perspectives
Several council members expressed their views on the fee structure.
Councilmember Tess Nesser, who worked as an entertainer at the Renaissance Fair for 25 years, shared her personal connection to the issue. “Real good friends of mine is Madame Caroline Palm Reader. They live here in Apache Junction. They own a home here in Apache Junction. They’re normal people,” Nesser said. “She’s just a regular, normal person. Hardworking and business owner.”
Nesser mentioned her friend has been doing readings at Renaissance Festivals for about 45 years and argued against the special fee, saying, “I’m not convinced that we should be charging them any more than you do McDonald’s to set up a business.”
Councilmember Darryl Cross likened the situation to gambling, saying, “If a person wants to blow their money on fortune telling, and go in and hope that they get a good palm reading or whatever, that’s their money.”
When the discussion turned to reasons behind the fee, Cross joked, “For another $25, we can answer that question,” drawing laughs from the council.
Mayor Chip Wilson shared his own experience with fortune telling from his early twenties. A palm reader once predicted his death at age 34, telling him “to live your life the best you can between now and… because you have to have everything done by 34.” Wilson called it “the funniest thing going” and added, “Then when I celebrated my 35th birthday, I celebrated, I had an extra drink.”
Comparative Analysis
Leftwich’s research showed considerable variation in how Arizona cities regulate fortune telling businesses:
- Chandler, Gilbert, Phoenix, and Florence have no specific regulations.
- Mesa, Tempe, Scottsdale, and Tucson require special permits with fees ranging from $100-$300.
- Maricopa previously had requirements for “magic arts” but repealed them in 2018.
- Avondale has a total ban on commercial fortune telling, making it a misdemeanor.
Leftwich stated that among the entire fee table in the city’s business code, the fortune telling fee is “substantially the highest fee.”
Next Steps
City Manager Bryant Powell indicated staff would prepare code amendment options for the May council meetings. Options presented included:
- No change to existing code
- Removing regulations pertaining to fortune telling
- Lowering the fortune telling fee to be comparable with other cities
- Any other direction from council
Powell said, “We’ll get it on direction to staff for the first meeting in May, and then by the second meeting in May, I think we’ll be able to update the code.”