As used in this chapter:
means that term as defined in Chapter 5.04 of this Code.
means any person who, for pecuniary compensation:
Escorts, accompanies, or consorts with other persons to, from,
or about social affairs, entertainments, places of public assembly,
or places of amusement located or situated within the City;
Escorts, accompanies, or consorts with other persons in or about
any place of public or private resort, or within any private quarters
located or situated within the City; or
Escorts, accompanies, or consorts with other persons in or about
any business or commercial establishment, or part or portion thereof,
located or situated within the City.
means any business, agency, or self-employed or independent
escort who, for pecuniary compensation, furnishes or offers to furnish
escorts.
means a service offered or performed by any person for pecuniary
compensation, the principal purpose of which is to aid persons to
become socially acquainted or to otherwise assist persons to meet
for social purposes, or which service is generally known or should
be known by offering or performing party to be used by the recipients
thereof for the purpose of obtaining information about other persons
to be used for social purposes.
means any commission, fee, gratuity, hire, profit, reward,
or any other form of consideration.
means any natural person, firm, partnership, corporation,
or association.
means any interest or share in the present or prospective
profit of an escort bureau or introductory service.
(1788 § 1, 1982; 2808 § 1, 2012)
The requirements of this chapter shall have no application and
no effect upon, and shall not be construed as applying to a person
in the lawful business of an employment agency licensed under the
laws of the state.
(1788 § 1, 1982; 2808 § 1, 2012)
It is unlawful for any person to engage in, conduct, or carry
on, in or upon any premises or real property located or situated within
the City, the activities of an escort bureau or introductory service,
unless there has been granted to such person a valid permit pursuant
to the provisions of this chapter. Activities of an escort bureau
or introductory service regulated hereunder include the receipt (or
dissemination) of information via telephone, mail, or other communications
system or device solely or in conjunction with other activities in
the furtherance of the conduct or carrying on of an escort bureau,
introductory service, or activities of an escort. A separate permit
shall be required for each location within the City at which the activities
of an escort bureau or introductory service are to be conducted or
carried on. Such permit shall be prominently displayed in the reception
area, lobby, foyer, or entryway of each such business location within
the City.
(1788 § 1, 1982; 2808 § 1, 2012)
The term of an escort bureau or introductory service permit,
unless sooner suspended or revoked, shall be for a period of one year.
(1788 § 1, 1982; 2808 § 1, 2012)
An escort bureau or introductory service permit, issued pursuant to the provision of this Code, which has not been suspended or revoked, may be renewed for a period of not to exceed one year on written application to the Police Chief made at least 90 days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required by Section 5.55.060 of this chapter, and shall be processed in accordance with the provisions of this chapter.
(1788 § 1, 1982; 2808 § 1, 2012)
A.
Any
person desiring to obtain a permit, or renew an existing permit, to
operate an escort bureau or an introductory service shall make application
to the Police Chief or his or her designated representative. Prior
to submitting such application for a permit or renewal of a permit,
a nonrefundable fee, as established by City Council resolution, shall
be paid to the City to defray, in part, the cost of the investigation
and report required by this chapter. The City shall issue a receipt
showing that such application or renewal fee has been paid. The receipt,
or a copy thereof, shall be supplied to the Police Chief at the time
such application is filed. Permit issuance or renewal fees required
under this chapter shall be in addition to any license, permit, or
fee required under any other provision of this Code.
B.
Neither
the filing of an application for a permit or renewal thereof, nor
payment of an application or renewal fee, shall authorize the conducting
of an escort bureau or introductory service until such permit has
been granted or renewed.
C.
Each
applicant for an escort bureau or introductory service permit, or
renewal thereof, shall be made under penalty of perjury and shall
furnish the following information:
1.
The
present or proposed address where the business is to be conducted;
2.
The
full true name under which the business will be conducted;
3.
The
full true name and any other names used by the applicant;
4.
The
present residence and business addresses and telephone numbers of
the applicant;
5.
Each
residence and business address of the applicant for the five-year
period immediately preceding the date of filing of the application
and the inclusive dates of each such address;
6.
California
driver's license or identification number and Social Security number
of the applicant;
7.
Acceptable
written proof that the applicant is at least 18 years of age;
8.
The
applicant's height, weight, color of eyes, color of hair, and date
of birth;
9.
Two
photographs of the applicant, at least two inches by two inches in
size, taken within the sixmonth period immediately preceding the date
of filing of the application;
10.
The business, occupation, or employment history of the applicant
for the three-year period immediately preceding the date of the filing
of the application;
11.
The permit history of the applicant, for the five-year period immediately
preceding the date of the filing of the application, including whether
such applicant in previously operating in this or any other city,
county, state, or territory has ever had any similar license or permit
issued by such agency revoked or suspended, or has had any professional
or vocational license or permit revoked or suspended, and the reason
or reasons therefor;
12.
All criminal convictions suffered by the applicant, including ordinance
violations excepting minor traffic offenses (any traffic offense designated
as a felony shall not be construed as a minor traffic offense), stating
the date, place, nature, and sentence of each such conviction;
13.
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 the
names, residence addresses, and dates of birth of each of its current
officers and directors, and each stockholder holding more than five
percent of the stock in the corporation. If the applicant is a partnership,
the applicant shall set forth the name, residence address, and date
of birth of each of the partners, including limited partners and profit
interest holders. If the applicant is a limited partnership, the applicant
shall furnish a copy of the certificate of limited partnership as
filed with the County Clerk. If one or more of the partners is a corporation,
the provisions of this subsection pertaining to corporations shall
apply. The corporation or partnership applicant shall designate one
of its officers or general partners to act as its responsible managing
officer. Such designated person shall complete and sign all application
forms as required of an individual applicant under this Code, but
only one application fee shall be charged;
14.
In the event the applicant is not the owner of record of the real
property upon which the escort bureau or introductory service is or
is to be located, the application must be accompanied by a notarized
statement from the owner of record of the property acknowledging that
an escort bureau or introductory service is or will be located on
the property. In addition to furnishing such notarized statement,
the applicant shall furnish the name and address of the owner of record
of the property, as well as a copy of the lease or rental agreement
pertaining to the premises in which the escort bureau or introductory
service is or will be located;
15.
A definition of the service to be provided;
16.
The true names and residential addresses of all persons employed
or intended to be employed or contracted with as escorts;
17.
Such other identification and/or information as the Police Chief
may require in order to discover the truth of the matters required
to be set forth in the application.
D.
The applicant, if a natural person or a designated responsible managing officer if the applicant is a partnership or corporation, shall personally appear at the Police Department of the City and produce proof that the required application or renewal fee has been paid and shall present the application containing the information and supporting documentation required by subsection C of this section.
E.
The
Police Chief may require the applicant, if a natural person or the
designated responsible managing officer if the applicant is a partnership
or corporation, to appear in person at the Police Department in order
to be photographed and fingerprinted.
F.
When any change occurs regarding the written information required by subsection C of this section to be included in the application, the applicant or permit holder, as the case may be, shall give written notification of such change to the Police Chief within 24 hours after such change.
G.
The
Police Chief, within 60 days after receiving the application, shall
grant the permit, or renewal thereof, only if he or she finds that
all of the following requirements have been met:
1.
The
required fees have been paid;
2.
The
application conforms in all respects to the provisions of this chapter;
3.
The
applicant has not knowingly made a material misrepresentation of fact
in the application;
4.
The
applicant has fully cooperated in the investigation of the application;
5.
The
applicant, if an individual; or any of the directors, officers, or
stockholders holding more than five percent of the stock of the corporation;
or any of the partners, the holder of any lien of any nature or profit
interest holder, manager or other person principally in charge of
the operation of the existing or proposed escort bureau or introductory
service, or a natural person employed or contracted with to be an
escort or to provide escort services; has not been convicted or pleaded
nolo contendere or guilty to a misdemeanor or felony crime of moral
turpitude or a misdemeanor or felony crime involving sexual misconduct
including, but not limited to, all offenses listed in Penal Code Section
290, Penal Code Sections 311.2 through 311.7, Penal Code Sections
314 through 318, and subsections (a), (b), (c), (d), or (h) of Section
647 of the Penal Code, or any offenses involving pimping, pandering,
prostitution, or lewd conduct; or has permitted, through an act of
omission or commission, his or her employee or agent to engage in
any type of moral turpitude or sexual misconduct offense, whether
misdemeanor or felony (under such circumstances, the conduct of the
employee or agent, if such resulted in a conviction or a plea of nolo
contendere or guilty, will be considered imputed to the principal
and shall be grounds for permit denial);
6.
The
applicant has not had an escort bureau, introductory service, or escort
permit, or other similar license or permit denied or suspended or
revoked for cause by the City or any other city or county located
in or out of this state within the five-year period immediately preceding
the date of the filing of the application;
7.
The
escort bureau or introductory service, as proposed by the applicant,
would comply with all applicable City, county and state laws, including
but not limited to health, zoning, fire, and safety requirements and
standards; and
8.
The
applicant, manager, or other person principally in charge of the operation
of the business is at least 18 years of age.
H.
If the Police Chief does not find that all of the requirements set forth in subsections (G)(1) through (8) of this section have been met, he or she shall deny application for the permit or renewal thereof. In the event the application for the permit or renewal thereof is denied, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit or renewal thereof shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at the residence address set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort bureau or introductory service permit or renewal thereof has been denied by the Police Chief, may appeal such denial to the City Council.
(1788 § 1, 1982; 2808 § 1, 2012)
A.
No holder
of an escort bureau or introductory service permit shall employ as
an escort any person under 18 years of age.
B.
No holder
of an escort bureau or introductory service permit shall furnish any
escort or introductory service to, or accept employment from, any
patron, customer, or person to be escorted who is under 18 years of
age, except at the special instance and request of a parent, guardian,
or other person in lawful custody of the person upon whose behalf
the escort or introductory service is engaged.
(1788 § 1, 1982; 2808 § 1, 2012)
A.
It is
unlawful for any person to act as an escort unless there has been
granted to such person a valid escort permit pursuant to the provisions
of this chapter. Such permit shall be issued in the name of the escort
to the address of the escort bureau or introductory service acting
as employer of the escort or with whom the escort has contracted to
provide the services of an escort, who must in turn also hold a valid
escort bureau or introductory service permit issued by the City pursuant
to the provisions of this chapter. The escort permit shall set forth
the name and address of such escort bureau or introductory service.
(1788 § 1, 1982; 2808 § 1, 2012)
The term of an escort permit, unless sooner suspended or revoked,
shall be for a period of one year.
(1788 § 1, 1982; 2808 § 1, 2012)
An escort permit issued pursuant to the provisions of this chapter
that has not been suspended or revoked may be renewed for a period
of one year on written application to the Police Chief made at least
90 days prior to the expiration date of the current valid permit.
The application for renewal of a permit shall contain all of the information
required for an original application under this chapter, and shall
be processed in accordance with the provisions of this chapter.
(1788 § 1, 1982; 2808 § 1, 2012)
Each escort permit holder shall be issued an identification
card that will also serve as an escort permit. The permit holder shall
carry such card upon his or her person when acting as an escort and
produce the same for inspection upon request. Each permit holder shall
immediately surrender, to the Police Chief, any escort permit issued
by the City upon the suspension, revocation, or expiration of such
permit, or upon leaving employment as an escort.
(1788 § 1, 1982; 2808 § 1, 2012)
A.
Any
person desiring to obtain a permit or renewal of an existing permit
to act as an escort shall make application to the Police Chief or
his or her designated representative. Prior to submitting such application
for a permit or renewal of a permit, a nonrefundable fee as established
by City Council resolution, shall be paid to the City to defray, in
part, the cost of the investigation and report required by this chapter.
The City shall issue a receipt showing that such permit application
or renewal fee has been paid. The receipt, or a copy thereof, shall
be supplied to the Police Chief at the time such application is filed.
Permit fees required under this chapter shall be in addition to any
license, permit, or fee required under any other provision of this
Code.
B.
Neither
the filing of an application for a permit or renewal thereof, nor
the payment of an application or renewal fee, shall authorize a person
to act as an escort until such permit has been granted or renewed.
C.
Each applicant for an escort permit or renewal thereof shall furnish under penalty of perjury the information required by subsections (C)(1) through (12) of Section 5.55.060 of this chapter, and shall, in addition, furnish the following information:
1.
A
certificate from a medical doctor licensed to practice in the state,
stating that the applicant has within 30 days immediately preceding
the date of the application been examined and found to be free of
any contagious or communicable disease;
2.
Satisfactory
evidence that the applicant is employed, or has been offered employment,
by an escort bureau or introductory service holding a valid permit
issued by the City, including the name and address of the employer
or prospective employer and the fact that such employment or continued
employment is contingent upon the issuance of said permit; and
3.
Such
other identification and information as the Police Chief may require
in order to discover the truth of the matters required to be set forth
in the application.
D.
The
Police Chief may require the applicant to appear in person at the
Police Department in order to be photographed and fingerprinted.
E.
The Police Chief, within 60 days after receiving the application, shall grant the permit, or renewal thereof, only if he or she finds that all of the requirements of subsections (G)(1) through (4) of Section 5.55.060 of this chapter have been met, and, in addition, if he or she finds that the following additional requirements have been met:
1.
The applicant has furnished an acceptable medical certificate in compliance with subsection (C)(1) of this section;
2.
The
applicant has not had an escort bureau, introductory service, or escort
permits or other similar license or permit denied or suspended or
revoked for cause by the City or any other city or county located
in or out of this state within the five years immediately preceding
the date of the filing of the application;
3.
The
applicant is at least 18 years of age;
4.
The
applicant has not been convicted or pleaded nolo contendere or guilty
to a misdemeanor or felony crime of moral turpitude or misdemeanor
or felony crime involving sexual misconduct including, but not limited
to, all offenses listed in Penal Code Section 290, Penal Code Sections
311.2 through 311.7, Penal Code Sections 314 through 318, and subsections
(a), (b), (c), (d), or (h) of Section 647 of the Penal Code, or any
offenses involving pimping, pandering, prostitution, or lewd conduct.
F.
If the Police Chief does not find that all of the requirements set forth in subsection E of this section have been met, he or she shall deny the application for the permit or renewal thereof. In the event the application for the permit, or renewal thereof, is denied by the Police Chief, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant, or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort permit, or renewal thereof, has been denied by the Police Chief, may appeal such denial to the City Manager.
(1788 § 1, 1982; 2808 § 1, 2012)
No holder of an escort permit shall escort, offer to escort,
or perform any activity described in this chapter to any person under
18 years of age, except at the special instance and request of the
parent, guardian, or other person in lawful custody of the person
on whose behalf the escort or introductory service is engaged.
(1788 § 1, 1982; 2808 § 1, 2012)
Upon the sale or transfer of any interest in an escort bureau
or introductory service, the permit shall immediately become null
and void. A new application shall be made by any person, firm, or
entity desiring to own or operate the escort bureau or introductory
service. A fee as established by City Council resolution shall be
payable for each such application. Any application involving the sale
or other transfer of any interest in an existing escort bureau or
introductory service, as well as any permit that may thereafter be
granted, shall be subject to the provisions of this chapter.
(1788 § 1, 1982; 2808 § 1, 2012)
A.
A change
of location of any premises or real property where a permitted escort
bureau or introductory service is conducted may be approved by the
Police Chief provided all requirements of this chapter and all ordinances
and regulations of the City are complied with and a change-of-location
fee as established by City Council resolution is deposited with the
City. Application for such change shall be made within three days
of such change.
B.
No permit
holder shall operate an escort bureau or introductory service under
any name or designation not specified in the permit.
(1788 § 1, 1982; 2808 § 1, 2012)
A.
A permit
issued hereunder may be revoked or suspended. An escort bureau or
introductory service permit issued under the provisions of this chapter
may be revoked or suspended if the person holding such permit has:
B.
An escort
permit issued under the provisions of this chapter may be revoked
or suspended if the person holding such permit is found to be engaging
in behavior or actions that:
C.
Whenever a permit has been revoked under the provisions of this chapter, no other application for a permit to carry on a similar business by such person shall be considered for a period of one year from the date of such revocation. No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of Section 5.55.170. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit or renewal thereof. If a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the City Council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired.
(1788 § 1, 1982; 2808 § 1, 2012)
A.
No permit issued under the provisions of this chapter shall be revoked or suspended until a hearing thereon shall have been had by the City Council as provided in subsection C of this section.
B.
Denial of an application for any permit required under the provisions of this chapter is effective immediately, subject to a hearing on appeal had before the City Council as provided in subsection C of this section. An appeal from a denial shall be filed with the City not later than five days from the date of receipt by applicant of the written denial.
C.
Notice
of hearing shall be given in writing to the permit holder or applicant
not less than five days prior to the date of such hearing. Such notice
shall be served upon the applicant, or upon the holder of the permit,
the manager, or agent thereof as provided in this chapter. The notice
shall state the grounds of the denial, or complaint against the holder
of the permit, and the time, date, and place where the hearing will
be held. The notice shall be served on the applicant or holder of
the permit by delivering the notice to the applicant or holder of
the permit, the manager or agent thereof; or by leaving the notice
with some adult person at the place of business or residence of the
applicant or permit holder. If the applicant or permit holder cannot
be found, and service of the notice cannot be made thereupon in the
manner provided in this section, then a copy of the notice shall be
addressed to such person at such place of business or residence and
deposited in the United States mail with the postage thereon fully
prepaid, at least 10 days prior to the date of hearing. The time of
notice may be shortened by the City Council with the written consent
of the applicant or permit holder.
(1788 § 1, 1982; 2808 § 1, 2012)
Any escort bureau or introductory service operated, conducted,
or maintained contrary to the provisions of this chapter shall be,
and the same is hereby declared to be, unlawful and a public nuisance,
and the City Attorney may, in addition to or in lieu of prosecuting
a criminal action hereunder, commence an action or actions, proceeding
or proceedings, for the abatement, removal, or enjoinment thereof,
in the manner provided by law; and shall take such other steps and
shall apply to such court or courts as may have jurisdiction to grant
such relief as will abate or remove such establishment and restrain
and enjoin any person from operating, conducting, or maintaining an
escort bureau or introductory service contrary to the provisions of
this chapter.
(1788 § 1, 1982; 2808 § 1, 2012)
The provisions of this chapter shall be applicable to all persons
and businesses described herein, whether the herein described activities
were established before or after the effective date of the ordinance
enacting this chapter into law. All such persons and businesses shall
have 60 days from said effective date to comply with the provisions
of this chapter.
(1788 § 1, 1982; 2808 § 1, 2012)
Each business subject to a permit under the provisions of this
chapter shall be open at all times during business hours to inspection
by members of the Garden Grove Police Department. In addition, there
shall be prominently displayed in the lobby, foyer, or entryway of
each such business, a printed sign with lettering no less than three-fourths
of an inch in height, stating, "The Garden Grove Police Department
has a right to inspect these premises at any time during hours of
operation."
(2808 § 1, 2012; 1788 § 1, 1982)
