Borough of Wyoming, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 10/12/1998C, § 1]
This Part may be cited as the "Wyoming Borough Escort Service and Escorts Regulatory Ordinance."
[Ord. 10/12/1998C, § 2]
It is the purpose and intent of this Part to provide for the orderly regulation of escort services and escorts in the Borough of Wyoming by establishing certain minimum standards for the conduct of this type of business to protect the public order and the general welfare of the residents of the Borough of Wyoming.
[Ord. 10/12/1998C, § 3]
Whenever used in this Part, the following words and phrases shall mean:
EMPLOYEE
Any and all persons who work in or about or render any services whatsoever to the patrons or customers of an escort service and who receive compensation for such service.
ESCORT
Any person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any place of public resort or within any private quarters. Excluded from this definition are any persons employed by any business, agency or person excluded from the definition of "escort service."
ESCORT LICENSE
The license to engage in the activities of an escort required by this Part.
ESCORT SERVICE
Any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. Excluded from this definition are any business, agency or person which are permitted to provide escort services for older persons under Pennsylvania law, when such services are provided as part of a social welfare and health program for such older persons.
ESCORT SERVICE LICENSE
The business license to operate an escort service required by this Part.
OPERATOR
Any person operating an escort service, including but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee or mortgagee in possession.
PERSON
An individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit, excepting the United States of America, the Commonwealth of Pennsylvania and any political subdivision thereof.
[Ord. 10/12/1998C, § 4]
It shall be unlawful for any person, as defined above, to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, the operation of an escort service as herein defined, without a license issued pursuant to the provisions of this Part for each and every such business. The license required hereby shall be in addition to any business tax required by the laws of the Borough of Wyoming and/or the Commonwealth of Pennsylvania.
[Ord. 10/12/1998C, § 5; as amended by A.O.]
1. 
Any person, as defined above, desiring to obtain a license to operate an escort service shall make a written application to the Chief of Police or his designated representative. A nonrefundable fee in an amount as established, from time to time, by resolution of the Borough Council shall accompany the submission of each application to defray, in part, the cost of investigation, inspection and enforcement of this Part. An annual nonrefundable renewal fee in an amount as established, from time to time, by resolution of the Borough Council shall be charged to defray associated costs of investigation and enforcement of this Part.
2. 
Each applicant for a license to operate an escort service shall furnish the following information to the Chief of Police:
A. 
The full true name and any other names used by the applicant.
B. 
The present address and telephone number of the applicant.
C. 
The proposed address and name or names of the escort service.
D. 
Each residence and business address of the applicant for the three years immediately preceding the date of the application, and the inclusive dates of each such address.
E. 
Written proof that the applicant is at least 18 years of age.
F. 
Applicant's height, weight, color of eyes and hair.
G. 
Two photographs of the applicant of a size specified by the Chief of Police taken within 30 days immediately preceding the date of application. One photograph shall be retained by the Chief of Police and one photograph shall be affixed to the license.
H. 
Applicant's business, occupation and employment history for the three years immediately preceding the date of application.
I. 
The business or permit history of the applicant including whether such applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor.
J. 
All criminal convictions, except minor traffic offenses, and a statement of the dates and places of such conviction.
K. 
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than 5% of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual under this division, but only one application fee shall be charged.
L. 
The name and address of the owner and lessor of the real property upon or in which the business is to be conducted, and a copy of the lease or rental agreement.
M. 
Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application.
N. 
The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.
3. 
The Chief of Police shall have a reasonable time, not to exceed 60 days, in which to investigate the application and the background of the applicant.
4. 
A license shall be issued within 60 days of receipt of the application or renewed to any applicant who has furnished all of the information required by this section in the application for such license, unless:
A. 
The applicant has knowingly made a false or misleading statement of a material fact or omission of a material fact in the application for the license.
B. 
The applicant has been convicted of and/or pleads guilty a nolo contendere to any of the following offenses under the Pennsylvania Crimes Code: any felony; any offense related to prostitution; any offense involving the presentation, exhibition and/or performance of any obscene production; any offense involving the maintenance of a nuisance in connection with the same or similar business; the sale, transfer or use of a controlled substance; disorderly conduct; any offense which requires registration as a sex offender with the Chief of Police under the Crimes Code, 18 Pa.C.S.A. § 101 et seq.; any offense in another state which if committed in this state would have been punishable as one or more of the heretofore mentioned offenses; any offense involving the use of force or violence upon the person of another; any offense involving theft, embezzlement or moral turpitude; or any violation of a statute, ordinance or regulation pertaining to the same or similar business operation; or any other criminal offense.
C. 
The operation of the business as proposed, if permitted, would not comply with all applicable building, fire, health and zoning laws.
D. 
The applicant has had a massage technician, massage establishment, off-premises massage establishment, nude entertainment, escort service, rap parlor, nude photo studio or similar type of license or permit suspended for one year or more, or revoked for good cause within three years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or mitigating circumstances exist since the revocation or suspension.
E. 
The applicant is under 18 years of age.
[Ord. 10/12/1998C, § 6]
It shall be unlawful for any person to engage in the business of acting or act as an escort without a license issued pursuant to the provisions of this Part. Such persons when providing services as an escort shall have the license in his or her immediate possession and shall exhibit the license upon demand of any peace officer.
[Ord. 10/12/1998C, § 7; as amended by A.O.]
1. 
Any person desiring to obtain a license to act as an escort shall make application to the Chief of Police, or his designated representative. An annual nonrefundable fee in an amount as established, from time to time, by resolution of the Borough Council shall accompany the submission of each application to defray, in part, the cost of investigation and examination as required by this Part. An annual nonrefundable renewal fee shall be charged to defray associated costs of investigation and enforcement.
2. 
Each applicant for a license to act as an escort shall furnish the following information to the Chief of Police:
A. 
The full true name and any other names used by the applicant.
B. 
The present address and telephone number of the applicant.
C. 
Each residence and business address of the applicant for the three years immediately preceding the date of the application, and the inclusive dates of each such address.
D. 
Written proof that the applicant is at least 18 years of age.
E. 
Applicant's height, weight, color of eyes and hair.
F. 
Two photographs of the applicant of a size specified by the Chief of Police taken within the last 30 days immediately preceding the date of application. One photograph shall be retained by the Chief of Police and one photograph shall be affixed to the license.
G. 
Applicant's business, occupation and employment history for the three years immediately preceding the date of application.
H. 
The business or permit history of the applicant including whether such applicant has ever had any business, professional or vocational license or permit issued by an agency or board, city, county or state revoked or suspended, and the reason therefor.
I. 
All criminal convictions, except traffic violations, and a statement of the dates and places of such convictions.
J. 
The establishment or business locations, if any, at which the applicant expects to be employed.
K. 
Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application.
L. 
The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.
3. 
The Chief of Police shall have a reasonable time, not to exceed 60 days, in which to investigate the application and background of the applicant.
4. 
A license shall be issued within 60 days of receipt of the application or renewed to any applicant who has furnished all of the information required by this section of the application for such license, unless:
A. 
The applicant has knowingly made a false or misleading statement of a material fact or omission of a material fact in the application for the license.
B. 
The applicant has been convicted of and/or pleads guilty a nolo contendere to any of the following offenses under the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.: any felony; any offense related to prostitution; any offense involving the presentation, exhibition and/or performance of any obscene production; any offense involving the maintenance of a nuisance in connection with the same or similar business; the sale, transfer or use of a controlled substance; disorderly conduct; any offense which requires registration as a sex offender with the Chief of Police under Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.; any offense in another state which if committed in this state would have been punishable as one or more of the heretofore mentioned offenses; any offense involving the use of force or violence upon the person of another; any offense involving theft, embezzlement or moral turpitude; or any violation of a statute, ordinance or regulation pertaining to the same or similar business operation; or any other criminal offense.
C. 
The applicant has had a massage technician, massage establishment, off-premises massage establishment, nude entertainment, escort service, rap parlor, nude photo studio or similar type of license or permit suspended for one year or more, or revoked for good cause within three years immediately preceding the date of the filing of the application, unless the applicant can show a material changes in circumstances or mitigating circumstances exist since the revocation or suspension.
D. 
The applicant is under 18 years of age.
5. 
A license to act as an escort does not authorize the operation of an escort service. Any person obtaining a license to act as an escort who desires to operate an escort service must separately apply for a license therefor. A person who applies for a license to operate an escort service and who desires to act as an escort within said business, who pays the fee required by § 13-126 of this Part, shall not be required to pay the fee required in this section.
[Ord. 10/12/1998C, § 8]
All persons operating an escort service or acting as an escort at the time this Part becomes effective shall apply for an escort service license or escort license, as described in this Part, within 30 days of the effective date of this Part.
[Ord. 10/12/1998C, § 9]
1. 
No person, association, partnership or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of an escort service unless each and all of the following requirements are met:
A. 
Each person employed or acting as an escort shall have a valid license issued pursuant to the provisions of this Part, and it shall be unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of an escort service to employ or permit any person to act as an escort who is not in possession of a valid, unrevoked escort license.
B. 
The possession of a valid escort service license does not authorize the possessor to perform services for which an escort license is required.
C. 
Every owner, operator, responsible managing employee, manager or permittee in charge of or in control of an escort service shall maintain a daily register, approved as to form by the Police Department, containing the following information:
(1) 
The identification of all employees employed by such establishment together with a duplicate of each of said employee's escort license.
(2) 
The hours of employment of each employee for each day.
(3) 
The true identity of each patron as it appears on bona fide documentary evidence of identity issued by a governmental agency, the city and state of each patron's residence, hours of employment of escort service, name of escort or employee providing escort services, location and place where escort services took place, and fee charged.
D. 
The daily register shall at all times during the establishment's business hours be subject to inspection by the Police Department and shall be kept on file for one year on the premises.
E. 
This section is regulatory only within this Part.
[Ord. 10/12/1998C, § 10]
The Wyoming Borough Chief of Police shall, from time to time and at least twice a year, make an inspection of each escort service in the Borough of Wyoming for the purposes of determining that there is continuing compliance with the provisions of this Part and the laws of the Commonwealth of Pennsylvania.
[Ord. 10/12/1998C, § 11]
No escort service shall be operated under any name or conducted under any designation not specified in the license for that business.
[Ord. 10/12/1998C, § 12]
All telephone numbers or listings of the escort service shall be reported in writing to the Chief of Police within 10 days of the telephone number becoming operative or inoperative.
[Ord. 10/12/1998C, § 13; as amended by A.O.]
A change of location of an escort service as permitted in this Part shall be approved by the Chief of Police provided all applicable provisions of this Part are complied with and a nonrefundable change of location fee in an amount as established, from time to time, by resolution of the Borough Council has been paid to the Chief of Police, and the new location complies with all applicable zoning, health, fire and safety codes.
[Ord. 10/12/1998C, § 14; as amended by A.O.]
Thirty days after the sale or transfer of any interest in an escort service, any license heretofore issued shall be null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the escort service. A fee in an amount as established, from time to time, by resolution of the Borough Council shall be payable for each such application involving the sale or transfer of any interest in an existing escort service. The provisions of § 13-126 of this Part shall apply to any person, association, partnership or corporation applying for escort service license for premises previously used as such businesses.
[Ord. 10/12/1998C, § 15]
No person who is a patron of an escort service shall place or cause to be placed in the daily register a false name, or false city and state of that patron's address.
[Ord. 10/12/1998C, § 16]
The Chief of Police may adopt rules and regulations supplemental to the provisions of this Part and not in conflict therewith.
[Ord. 10/12/1998C, § 17]
In the event that any person holding a license or permit issued pursuant to this Part shall violate any applicable building, fire, health and zoning laws; violate or cause or permit to be violated any of the provisions of this ordinance or is convicted of any of those crimes contained in §§ 13-125, Subsection 4B and/or 13-127, Subsection 4B, of this Part, the Chief of Police may, in addition to other penalties provided by this Part, take action to suspend or revoke the license of the licensee. The licensee shall have the right to a hearing on said suspension or revocation, which hearing shall be held before the Wyoming Borough Council within 10 days after the service of the notice of said suspension or revocation, whether or not a suspension or revocation was effective immediately. The Wyoming Borough Council shall uphold, reverse or modify such suspension or revocation.
[Ord. 10/12/1998C, § 18; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.