It is the purpose and intent of the city council of the city,
by the adoption of this article, that the operation of an escort bureau
or introductory service, as defined in this article, should be regulated
for the protection of the public from the perils of fire, hazard to
health, and for the preservation of the peace and welfare of the community.
(Ord. 86-O-104, 1986)
As used in this article:
means that term as is defined in Section 6.04.020 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.
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 the 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.
(Ord. 86-O-104, 1986)
It shall be 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 article. A separate permit shall
be required for each location within the city at which an escort bureau
or introductory service is to be established.
(Ord. 86-O-104, 1986)
The term of an escort bureau or introductory service permit,
unless sooner suspended or revoked, shall be for a period of one year.
(Ord. 86-O-104, 1986)
An escort bureau or introductory service permit, issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of not to exceed one year on written application to the chief of police 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 6.56.760 of this article, and shall be processed in accordance with the provisions of this article.
(Ord. 86-O-104, 1986)
The requirements of this article 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 of California.
(Ord. 86-O-104, 1986)
(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 chief of police or his designated representative. Prior to
submitting such application for a permit or renewal of a permit, a
nonrefundable fee, as established by resolution of the city council,
shall be paid to the department of finance to defray, in part, the
cost of the investigation and report required by this article. The
department of finance 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 chief of police at the time such application is
filed. Permit issuance or renewal fees required under this article
shall be in addition to any license, permit or fee required under
any other chapter 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 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 and hair, and
date of birth;
(9)
Two photographs of the applicant, at least two inches by two inches
in size, taken within the six month period immediately preceding the
date of the 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 but 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 5%
of the stock in the corporation. If the applicant is a partnership,
the applicant shall set forth the names, residence addresses and dates
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 required of an individual applicant under this article, 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 as escorts;
(17)
Such other identification and/or information as the chief of police
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
chief of police 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 chief of police within 24 hours after such change.
(g)
The
chief of police shall have a reasonable period of time in which to
investigate the application and background of the applicant. The chief
of police, or his representative, shall, within 60 days after the
date of the filing of the application, render a written recommendation
to the city administrator as to approval or denial of the application
for the permit or renewal thereof.
(h)
The
city administrator, within 30 days after receiving the application
and aforementioned recommendation from the chief of police, shall
grant the permit, or renewal thereon only if he 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
article;
(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 5% of the stock of the corporation;
or any of the partners, including limited partners; or the holder
of any lien of any nature or profit interest holder; or the 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 by 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.
(i)
If the city administrator does not find that all of the requirements set forth in paragraphs (1) through (8) of subsection (h) of this section have been met, he shall deny application for the permit or renewal thereof. In the event the application for the permit or renewal thereof is denied by the city administrator, 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 city administrator, may appeal such denial to the city council.
(Ord. 86-O-104, 1986)
(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.
(Ord. 86-O-104, 1986)
It shall be unlawful for any person to act as an escort unless
there has been granted to such person a valid permit pursuant to the
provisions of this article. Such permit shall be issued to the address
of the employer of the 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 article.
(Ord. 86-O-104, 1986)
The term of an escort permit, unless sooner suspended or revoked,
shall be for a period of one year.
(Ord. 86-O-104, 1986)
An escort permit issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of one year on written application to the chief of police 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 in Section 6.56.820, of this article and shall be processed in accordance with the provisions of this article.
(Ord. 86-O-104, 1986)
Each escort permit holder shall be issued an identification
card which will also serve as an escort permit. The permit holder
shall carry such card in a visible position 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 chief
of police, any escort permit issued by the city upon the suspension,
revocation or expiration of such permit, or upon leaving employment
as an escort.
(Ord. 86-O-104, 1986)
(a)
Any
person desiring to obtain a permit, or renewal of an existing permit,
to act as an escort, shall make application to the chief of police
or his designated representative. Prior to submitting such application
for a permit or renewal of a permit, a nonrefundable fee, as established
by resolution of the city council, shall be paid to the department
of finance to defray, in part, the cost of the investigation and report
required by this article. The department of finance 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 chief
of police at the time such application is filed. Permit fees required
under this article shall be in addition to any license, permit or
fee required under any other chapter 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 the information required by paragraphs (1) through (12) of subsection (c) of Section 6.56.760, and shall, in addition, furnish the following information:
(1)
A certificate from a medical doctor licensed to practice in the state
of California. 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
is contingent upon the issuance of said permit; and
(3)
Such other identification and information as the chief of police
may require in order to discover the truth of the matters required
to be set forth in the application.
(d)
The
chief of police may require the applicant to appear in person at the
police department in order to be photographed and fingerprinted.
(e)
The
chief of police shall have a reasonable period of time in which to
investigate the application and background of the applicant. The chief
of police, or his representative, shall, within 60 days after the
date of the filing of the application, render a written recommendation
to the city administrator as to approval or denial of the application
for the permit or renewal thereof.
(f)
The city administrator, within 30 days after receiving the application and aforementioned recommendation from the chief of police, shall grant the permit, or renewal thereof, only if he finds that all of the requirements of paragraphs (1) through (4) of subsection (h) of Section 6.56.760 have been met, and, in addition, if he finds that the following additional requirements have been met:
(1)
The applicant has furnished an acceptable medical certificate in
compliance with paragraph (1) of subsection (c) of this section;
(2)
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 by 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 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.
(g)
If the city administrator does not find that all of the requirements set forth in subsection (f) of this section have been met, he 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 city administrator, 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 city administrator, may appeal such denial to the city council as provided in this code.
(Ord. 86-O-104, 1986)
No holder of an escort permit shall escort, offer to escort
or perform any activity described in this article 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.
(Ord. 86-O-104, 1986)
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 resolution of city council 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 which may thereafter be granted, shall
be subject to the provisions of this article.
(Ord. 86-O-104, 1986)
(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 chief of police provided all requirements of this article and
all ordinances and regulations of the city are complied with and a
change of location fee as established by resolution of the city council
is deposited with the director of finance. 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.
(Ord. 86-O-104, 1986)
Any person violating any provision of this article shall be
guilty of a misdemeanor and be punishable by a fine of not more than
$500 or by imprisonment for not more than six months, or by both such
fine and imprisonment. Revocation or suspension of a permit issued
under this article shall not be a defense against prosecution.
(Ord. 86-O-104, 1986)
If the city administrator finds that any person holding an escort bureau or introductory service permit under the provisions of this article has violated any of the provisions of this article or conducts such business in such a manner as would have been grounds for denial of a permit as set forth in subsection (h) of Section 6.56.760. or if the city administrator finds that any person holding an escort permit is engaging in behavior or actions which violate any of the provisions of this article or which would have been grounds for denial of a permit as set forth in subsection (f) of Section 6.56.820, he or she may suspend or revoke the permit. 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 this code. 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.
(Ord. 86-O-104, 1986)
Any escort bureau or introductory service operated, conducted
or maintained contrary to the provisions of this article 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 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 article.
(Ord. 86-O-104, 1986)
The provisions of this article 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 article into law. All such persons and businesses shall
have 60 days from said effective date to comply with the provisions
of this article.
(Ord. 86-O-104, 1986)
