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Fortune Telling Laws and Licenses: What Processors May Ask For

Need a fortune telling license? See how state laws and city permits vary, and what proof processors ask for when you apply for a merchant account.

Fortune teller in a hooded robe fanning tarot cards beside a gold skull and lit candles on a patterned table

Photo: Pixabay

On this page 6 sections
  1. Why Old Fortune Telling Laws Still Matter in Underwriting
  2. Fortune Telling Law by State vs. City Permit Rules
  3. How Entertainment Exceptions Are Written
  4. How to Find Out If You Need a Fortune Telling License
  5. What to Submit When No License Is Required
  6. Online Readers Serving Clients in Many Jurisdictions

You need a fortune telling license only if a law that covers your business address requires one. A handful of states still have statutes about telling fortunes for money, and certain cities and counties require a dedicated fortune-teller permit on top of an ordinary business license. When you apply for card processing, the underwriter wants proof that your business is legal where you operate. A permit proves it. So does documented evidence that no permit is required.

Several of these laws are decades old, and they still turn up when an underwriter searches your location. The fix is to know which rules apply at your address and to give the processor the proof before they ask.

This is general information, not legal advice. Local codes change, so confirm your situation with the licensing office and, if the wording is unclear, with a local attorney.

Why Old Fortune Telling Laws Still Matter in Underwriting

Most acquirers classify psychic and astrology services as high risk for reasons that have little to do with any statute. Customers pay for something subjective, and refund requests are hard to judge. The category also has a long history of fraud prosecutions, such as "curse removal" schemes that drain a vulnerable client's savings. Many old statutes and ordinances were written to stop exactly those schemes.

An underwriter reviewing your application has to confirm that the business is lawful in its location. A search for your state or city plus "fortune telling" can turn up a statute that reads like a ban, even when an exception covers you or nobody has enforced the law in decades. Underwriters read the text. They don't know how your local police treat it. The result is a follow-up question and a stalled approval, while your old processor's notice period keeps running.

These document requests come from processor and bank underwriting policy. They are not spelled out in a Visa or Mastercard rule aimed at psychics. Each acquirer sets its own policy. One asks for a city permit. Another accepts a general business license with a disclaimer. A third won't board the category at all. Our guide to why psychic merchant accounts get declined and how to apply covers the rest of the application.

Fortune Telling Law by State vs. City Permit Rules

People ask "is fortune telling legal" as if one answer covers the whole country. It doesn't, because several layers of rules apply to the same storefront.

State statutes. A few states have criminal laws that name fortune telling or related practices like palmistry when they are done for money. One version reads as a prohibition with exceptions. Another targets only fraud, such as promising to lift a curse in exchange for payment. Look for these laws in the penal code as well as the business code, because a search of business licensing rules alone misses them.

City and county ordinances. Most active permit requirements live at this level. Where a city fortune teller permit exists, the application may involve a background check or fingerprinting and a recurring fee. Some ordinances also require you to post the permit where customers can see it, and others limit the business to certain zones. Some of these ordinances have faced free-speech challenges, and some have been repealed or rewritten. Treat any older article or forum post as a lead to check, not an answer.

Zoning and general licensing. Even where nothing targets psychics, you still need an ordinary business license or state registration. If you read from home, check whether your city requires a home-occupation permit. Watch the terminology, too. Some cities use the term "psychic business license" for a general license issued under a personal-services category, while others use it for a dedicated permit, so check which one your city means.

A general business license is not a fortune-teller permit. Where a specific permit exists, the general license doesn't replace it. Where none exists, the general license plus documentation is what processors look for.

How Entertainment Exceptions Are Written

Many restrictive statutes and ordinances carve out exceptions, and the exact wording decides whether one covers you. Four patterns come up repeatedly:

  • Entertainment or amusement. Readings given as part of a performance or event. Some versions limit this to settings like fairs or theaters.
  • Religious practice. Ministers or members of a religious organization acting within its practices, sometimes with specific organizational requirements attached.
  • Disclaimer-based exemptions. Readings where the customer is told, in a prescribed form, that the service is for entertainment.
  • Fraud-only laws. There is no exception to claim here, because the law punishes only false promises or obtaining money by deception. Honest readings with clear terms fall outside it.

A common mistake is assuming that "for entertainment purposes only" in a website footer brings you within an entertainment exception. It doesn't, unless the law's text says so. If the local exemption covers performances at events, a weekly paid session in your own storefront doesn't qualify no matter what your sign says. If the exception prescribes a particular disclosure, a generic footer won't match it.

The reverse also holds. Under a fraud-only statute, a reader who posts prices and guarantees no outcomes is not the business the law targets.

Describe your business honestly. Don't call yourself entertainment or claim a religious exemption because it sounds safer when the wording doesn't fit what you do. Underwriters compare your application with your website and your billing descriptor, and a mismatch costs you more than an honest permit application would.

How to Find Out If You Need a Fortune Telling License

The address on your lease or home office decides which rules apply. Work through them in this order:

  1. Search your state's statutes. Use several terms, because the wording varies: fortune, fortune telling, palmistry, clairvoyant, astrology, spiritualist, occult. Check the criminal code as well as the business code.
  2. Confirm who governs your address. Inside city limits, city code applies along with county rules. In an unincorporated area, county code governs. Two shops on the same road can fall under different rules.
  3. Search the city or county code. Most local governments publish their codes online. Start with the business licensing chapters, then check sections on regulated occupations or public peace.
  4. Ask the licensing office in writing. Email the business licensing office or city clerk. Describe your services plainly and ask whether you need any license or permit beyond a general business license. A written reply carries far more weight with an underwriter than your summary of a phone call.
  5. Check zoning for a home office or storefront. Home-occupation rules often limit things like client visits and signage.
  6. Record what you found. Note each code section you searched and the date, with a line on what it said.

Illustrative example. Picture a tarot reader who rents a small suite in a strip mall inside city limits and also takes phone readings. For this example, assume the state has no statute mentioning fortune telling and the county has no relevant ordinance. The city, however, requires a fortune-teller permit with an annual fee and a background check, and a general business license doesn't satisfy it. That permit is what makes the suite lawful, so it is the document a processor will ask to see. Move the same business a mile away into unincorporated county land and, under these assumptions, the permit requirement disappears. At the new address, the reader would document its absence instead.

What to Submit When No License Is Required

If nothing specific applies, don't leave the underwriter to work that out. Send a short packet with the application:

ItemWhy it helps
General business license or state registrationShows the business is formally set up where it says it is
Written reply from the licensing officeDirect evidence that no special permit applies
One-page compliance note listing the code sections you searched, with datesSaves the underwriter from repeating your research
Website terms and refund policyShows clear pricing and fair cancellation terms
Service descriptions and booking disclaimer textShows what customers buy and agree to before paying

Keep service descriptions factual, down to session length and price. Promise no specific outcome, and make no health or money claims. Our article on the website claims processors flag on psychic sites walks through those pages one by one.

Refresh the packet every year. Ordinances get repealed and rewritten, and a licensing-office letter from several years ago carries less weight than one from this year.

Online Readers Serving Clients in Many Jurisdictions

If you read remotely, your permit question starts with where your business is based, because local permits attach to a physical place of business. Your clients, though, can live anywhere, and broadly written consumer protection laws raise questions about who is protected and where. Underwriters know this, so they weigh how you sell more heavily than any single permit.

Expect them to review:

  • Terms of service and the governing-law clause
  • Your entertainment or informational disclaimer and any age restriction
  • Per-minute or per-session pricing
  • How customers agree to charges before a reading starts
  • Your refund process

Clear consent and pricing also help when a customer later disputes the charge. Our guide to winning "the reading was wrong" chargebacks explains what evidence holds up.

Phone and email bookings run through a virtual terminal for keyed card payments, and online booking runs through a payment gateway. Either way, the processor wants your descriptor and website to match the business you described in your application. If a general-purpose platform has already closed your account, whether Stripe, Square or PayPal allow psychic readings explains why that happens.

Before you apply anywhere, assemble the licensing packet. Include the permit if your address requires one, or the written confirmation and code notes if it doesn't. Submit it with the application instead of waiting for the first question. MannyPay offers high-risk merchant accounts for businesses that general-purpose platforms turn away, with approval subject to underwriting. Request a free processing quote, and a MannyPay specialist will respond within one business day.

About the author

Marcus Bennett

Marcus Bennett is Payments Risk & Compliance Analyst for Beyond the Swipe, covering high-risk processing, chargebacks, rolling reserves, frozen merchant accounts and fraud prevention.

This article is for general educational purposes and is not legal, tax or financial advice. Card network rules and state laws change; confirm current requirements for your business.

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