This chapter may be cited as the Palm Springs escort ordinance.
(Ord. 1225 § 1, 1984)
It is the purpose and intent of this chapter to provide for
the orderly regulation of escorts and escort bureaus including escort
bureaus which operate as introductory services, in the city by establishing
certain minimum standards for the conduct of this type of business,
which standards will protect the public health and welfare of the
city.
(Ord. 1225 § 1, 1984)
For purposes of this chapter the following words and phrases
shall have the meaning respectively ascribed to them by this section:
means any person who, for pecuniary compensation escorts,
accompanies or consorts with another person in or about any public
or private place within the city.
means any person, business, or agency which for pecuniary
compensation furnishes or offers to furnish escorts within the city,
or which offers to aid persons to become socially acquainted with
or to otherwise assist persons to meet for social purposes.
means any commission, fee, gratuity, hire, profit, reward
or other form of consideration, exclusive of meals, drinks or items
having a retail value of less than thirty dollars which are usually
provided or exchanged in ordinary social intercourse.
means both the singular and the plural of either sex. The
term "person" shall include person, individual, firm, corporation,
co-partnership, association, club, society or any other organization.
means the police department of the city.
means and includes any of the following:
(Ord. 1225 § 1, 1984)
(a)
Escort
Bureau License.
No person shall engage in or carry out the business of escort bureau in the city unless such person has a valid escort bureau license issued by the city pursuant to the provisions of this chapter for each and every separate office or place of business conducted by such person. Said license shall be in addition to the business license required by Section 3.48.010.
(b)
Escort
Permit Required.
No person shall do business as an escort in the city unless
such person has in his or her possession a valid escort permit issued
by the city pursuant to the provisions of this chapter.
(Ord. 1225 § 1, 1984)
Every applicant for a license to maintain, operate or conduct
an escort bureau shall file an application under oath with the city
business license collector upon a form provided by said collector
and pay a nonrefundable annual license fee in such amount as established
by resolution of the city council.
(1)
The
location, mailing address and all telephone numbers where the business
is to be conducted;
(2)
The
name and residence address of each applicant:
(A)
If applicant is a corporation, the names and residence addresses
of each of the officers and directors of said corporation and of each
stockholder holding more than ten percent of the stock of the corporation,
and the address of the corporation itself, if different from the address
of the escort bureau,
(B)
If applicant is a partnership, the names and addresses of each of
the partners including limited partners, and the address of the partnership
itself, if different from the address of the escort bureau;
(3)
The
two previous addresses immediately prior to the present address of
the applicant;
(4)
Proof
that the applicant is at least eighteen years of age;
(5)
Individual
or partnership applicants height, weight, sex, color of eyes and hair;
(6)
Copy
of identification such as driver's license or identification issued
by the Department of Motor Vehicles;
(7)
One
portrait photograph of the applicant at least two inches by two inches
and a complete set of applicant's fingerprints which shall be taken
by the chief of police or his agent. If the applicant is a corporation,
one portrait photograph at least two inches by two inches of each
officer and managing agent of said corporation and a complete set
of fingerprints of each officer and agent which shall be taken by
the chief of police or his agent. If the applicant is a partnership,
one front face portrait photograph at least two inches by two inches
in size of each partner including limited partners in said partnership
and a complete set of fingerprints of each partner or limited partner
which shall be taken by the chief of police or his agent;
(8)
Business,
occupation or employment of the applicant for the three years immediately
preceding the date of application;
(9)
If
the applicant has ever had a business license revoked or suspended,
the reason therefor and the business activity or occupation subsequent
to such action of suspension or revocation;
(10)
All criminal convictions other than minor traffic violations including
dates of convictions, the charges leading to the conviction and the
court where the conviction was rendered;
(11)
The name and address of each escort who is or will be employed or
associated with said escort bureau;
(12)
The name and address of any escort bureau or similar business owned or operated by any person whose name is required to be stated in subsection (2) wherein the business of escort or escort bureau is carried on;
(13)
A description of any other business to be operated on the same premise
or on joint premises owned or controlled by the applicant;
(14)
Authorization for the city, or its agents or employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the applicant for
the license;
(15)
Such other identification and information necessary to discover the
truth of the matters required to be set forth in this application;
(16)
The names, current addresses and written statements of at least three
bona fide permanent residents of the United States that the applicant
is of good moral character. If the applicant is able, the statement
must first be furnished from residents of the city, then the county,
then the state of California, and lastly from the rest of the United
States. These references must be persons other than relatives or business
associates.
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Upon completion of the above provided form and the furnishing
of all required information, the business license collector shall
accept the application for the necessary investigations. The holder
of an escort bureau license shall notify the business license collector
of each change in any of the data required to be furnished by this
section within ten days after such change occurs.
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(Ord. 1225 § 1, 1984)
Application for escort permit shall be made to the business
license collector in the same manner as above provided for escort
bureau licenses, accompanied by the annual nonrefundable escort permit
fee in such amount as established by resolution of the city council.
Escorts who have already paid the permit fee for the current period
shall not be required to pay an additional fee hereunder. The application
shall contain but not be limited to the following:
(1)
The
name, address and telephone number of the escort bureau with which
the escort is to be associated;
(2)
Name
and residence address and all names, nicknames and aliases by which
the applicant has ever been known, including the two previous addresses
immediately prior to the present address of the applicant;
(3)
Social
Security number, driver's license number if any, and date of birth;
(4)
Applicant's
weight, height, sex, color of hair and eyes;
(5)
Written
evidence that the applicant is at least eighteen years of age;
(6)
A
complete statement of all convictions of the applicant for any felony
or misdemeanor or violation of a local ordinance except minor traffic
violations;
(7)
Two
front face portrait photographs taken within thirty days of the date
of application and at least two inches by two inches in size;
(8)
The
escort or similar business history and experience of the applicant
for the ten years prior to the date of application including but not
limited to whether or not such person performed such service in another
city or state under license or permit, if application for such license
or permit has ever been denied, or if issued such license or permit
has been revoked or suspended and the reasons therefor;
(9)
The
names, current addresses and written statements of at least three
bona fide permanent residents, other than relatives, of the United
States, that the applicant is of good moral character. If the applicant
is able, the statement must first be furnished from residents of the
city, then the county, then the state of California, and lastly from
the rest of the United States;
(10)
A medical certificate signed by a physician licensed to practice
in the state of California within seven days of the date of application.
The certificate shall state that the applicant was examined by the
certifying physician and that the applicant is free of communicable
disease. The additional information required by this subsection shall
be provided at the applicant's expense;
(11)
Such other information, identification and physical examination of
the person deemed necessary by the police chief in order to discover
the truth of the matters herein required;
(12)
Authorization for the city, or its agents or employees, to seek information
and conduct an investigation into the truth of the statements set
forth in the application;
(13)
Written declarations by the applicant under penalty of perjury that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the city.
(Ord. 1225 § 1, 1984)
The city shall issue a license for an escort bureau or a permit
for an escort if all requirements for an escort bureau license or
escort permit described in this chapter are met unless it finds:
(1)
The
correct permit or license fee has not been tendered to the city and,
in the case of a check or bank draft, honored with payment upon presentation;
(2)
The
applicant, if an individual, or any of the stockholders holding more
than ten percent of the stock of the corporation, or any of the partners,
or the manager or other person principally in charge of the operation
of the business, have been convicted of any of the following offenses
or convicted of an offense without the state of California that would
have constituted any of the following offenses if committed within
the state of California:
(A)
An offense involving the use of force and violence upon the person
of another that amounts to a felony,
(B)
An offense involving sexual misconduct,
(C)
An offense involving narcotics, dangerous drugs or dangerous weapons
that amounts to a felony. The city may issue a license for a permit
to any person convicted of any of the crimes described in (A) through
(C) of this subsection if it finds that such conviction occurred at
least five years prior to the date of the application and the applicant
has had no subsequent felony convictions of any nature and no subsequent
misdemeanor convictions for any crime mentioned in this subsection
(2);
(3)
The
applicant has knowingly made any false, misleading, or fraudulent
statements of fact in the permit application or in any document required
by the city in conjunction therewith;
(4)
The
applicant has had an escort bureau, escort, or other similar permit
or license denied, revoked, or suspended by the city or any other
state or local agency within five years prior to the date of the application;
(5)
The
applicant, if an individual, or any of the officers and directors,
if the applicant is a corporation, or any of the partners, including
limited partners, if the application is a partnership, and the manager
or other person principally in charge of the operation of the business,
is not over the age of eighteen years.
(Ord. 1225 § 1, 1984)
The city shall act to approve or deny an application for a license
or permit under this chapter within a reasonable period of time and
in no event shall the city act to approve or deny said license or
permit later than ninety days from the date said application was accepted
by the business license collector. Every license or permit issued
pursuant to this chapter will terminate at the expiration of one year
from date of its issuance unless sooner suspended or revoked.
(Ord. 1225 § 1, 1984)
Should any escort bureau have more than one location where the
escort business is pursued then a license stating both the address
of the principal place of business and of the other business locations
shall be issued by the business license collector for each location
upon the tender of the license fee. Licenses issued for other locations
shall terminate on the same date as that of the principal place of
business regardless of the date of issue.
(Ord. 1225 § 1, 1984)
(a)
Every
escort shall post a copy of the permit required by this chapter in
the office of the escort bureau with which the escort is associated.
(b)
Every
person, corporation, partnership or association licensed under this
chapter as an escort bureau shall display such license in a prominent
place in its place of business.
(Ord. 1225 § 1, 1984)
The licensee or person designated by the licensee of an escort
bureau shall maintain a register of all persons employed or associated
therewith as escorts together with their permit numbers. Such register
shall be available at the escort bureau to representatives of the
city during regular business hours.
(Ord. 1225 § 1, 1984)
Any license issued for a escort bureau may be revoked or suspended by the city after notice and a hearing for good cause or in any case where any of the provisions of this chapter are violated or where any employee or associate of the licensee is engaged in any conduct which violates any of the state or local laws or ordinances or provisions of this chapter while engaged in the escort business. Such revocation proceedings shall be conducted as prescribed by Section 5.72.030.
(Ord. 1225 § 1, 1984)
An escort permit issued by the business license collector shall be revoked or suspended where it appears that the escort has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this chapter. Such revocation proceedings shall be conducted as prescribed by Section 5.72.030.
(Ord. 1225 § 1, 1984)
(a)
It
shall be unlawful for an escort bureau to employ or associate with
itself as an escort any person under eighteen years of age.
(b)
It
shall be unlawful for any escort bureau to furnish any escort to or
accept employment from any patron, customer or person to be escorted
who is under eighteen 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 service is engaged.
(c)
It
shall be unlawful for any person to escort, offer to escort or perform
any activity described in this chapter to any person under eighteen
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 is engaged.
(d)
It
shall be unlawful for any person to accept employment or arrange employment
of another as an escort with the intention of engaging in any specified
sexual activity whether or not additional consideration is offered,
demanded or received therefor.
(e)
It
shall be unlawful for any person to be an escort unless such person
is employed by, or associated with, a licensed escort bureau.
(f)
It
shall be unlawful for any person to escort, offer to escort or perform
any activity described in this chapter except as directed by the escort
bureau with which said person is employed or associated.
(Ord. 1225 § 1, 1984)
If an escort bureau is moved to a different location, or if there is a change in the licensee such that the information required for the license application is no longer complete or accurate, the license therefor shall become null and void, except that such license may be reissued as provided in Section 5.42.070; provided however, that upon the death or incapacity of the licensee or any co-licensee of the escort bureau, any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee, may continue the business of the escort bureau for a reasonable period of time not to exceed sixty days to allow a reasonable time for application to reissue the license.
(Ord. 1225 § 1, 1984)
Any person who acts as an escort or operates an escort bureau, as these terms are defined in this chapter, without first having obtained a license or permit therefor and having paid the necessary fee, or who shall violate any provision of this chapter, shall be punishable as specified in Sections 1.01.140 and 1.01.150.
(Ord. 1225 § 1, 1984; Ord. 1409 § 1, 1992)
Any violation of this chapter of the Palm Springs Municipal
Code is declared to be a public nuisance.
(Ord. 1225 § 1, 1984)
The provisions of this chapter of the Palm Springs Municipal
Code 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 comply with the provisions
of this chapter within sixty days from the date which the ordinance
that establishes this chapter becomes effective.
(Ord. 1225 § 1, 1984)
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
(Ord. 1225 § 1, 1984)
