O.C.G.A.

O.C.G.A. § 36-1-15 (2019)

Prohibition, regulation, and taxation of fortunetelling and similar practices

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The county governing authority may by proper ordinance prohibit, regulate, or tax the practice of fortunetelling, phrenology, astrology, clairvoyance, palmistry, or other kindred practices, businesses, or professions where a charge is made or a donation accepted for the services and where the practice is carried on outside the corporate limits of the municipality. The tax, if any, which is imposed shall not exceed the sum of $1,000.00 per year. Such ordinances may prescribe the punishment to be imposed for violations, but such punishment shall not exceed imprisonment for 60 days or a fine of $500.00 or both. Prosecutions for violations shall be in the magistrate court of the county as provided in Chapter 10 of Title 15.

History

Ga. L. 1953, Nov.-Dec. Sess., p. 311, § 1; Ga. L. 1984, p. 505, § 1.

Annotations

JUDICIAL DECISIONS City ordinance presumed valid. - Presumption in favor of the validity of a city ordinance is not overcome in a case involving a constitutional attack thereon when it is merely assumed that the prac-

tice of fortunetelling is a legitimate calling which cannot be prohibited by the city under the city’s police power. Williams v. Jenkins, 211 Ga. 10, 83 S.E.2d 614 (1954).

RESEARCH REFERENCES Am. Jur. 2d. - 36 Am. Jur. 2d, Fortunetelling, § 1 et seq. C.J.S. - 16A C.J.S., Constitutional Law, §§ 777 et seq., 839, 851 et seq., 906 et seq. ALR. - Validity of license tax or fee on

show or place of amusement, 111 A.L.R. 778. Regulation of astrology, clairvoyancy, fortunetelling, and the like, 91 A.L.R.3d 766.