For the purpose of this chapter, unless the context clearly
requires a different meaning, the words, terms and phrases hereinafter
set forth shall have the meanings given them in this section:
means 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 any form of compensation for such services.
means 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."
means 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 businesses, agencies or persons providing escort services
for older persons as defined in California Welfare and Institutions
Code Section 9406, when such services are provided as part of a social
welfare and health program for such older persons.
means 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.
means an individual, firm, partnership, joint venture, association,
social club, fraternal order, joint stock company, corporation, estate
trust, receiver, syndicate or other group or combination acting as
a unit, excepting the United States of America, the State of California
or any political subdivision thereof.
(Prior code § 5-710)
It is unlawful for any person to engage in, conduct, or carry
on or to permit to be engaged in, conducted, or carried on in the
City, the operation of an escort service as herein defined without
first having obtained a permit as described in this chapter.
(Prior code § 5-711)
Every person desiring a permit to maintain, operate or conduct
an escort service shall file an application with the Director of Finance,
or designated representative, of the City, upon the forms provided,
and shall pay a filing fee as established by resolution from time
to time, which is nonrefundable. Each such person shall pay an additional
fee similarly established by resolution, to be used by the Chief of
Police to investigate said person's application as provided herein.
Any unused portion of such additional fee shall be returned to the
applicant at such time as a permit is issued or denied.
(Prior code § 5-712)
The application shall be submitted with the following documents:
A.
Two
identity prints of recent passport size photographs of the applicant;
B.
Two
copies of the applicant's fingerprints on forms provided by the Stockton
Police Department;
C.
Written
evidence that the applicant is 18 years of age or older; and
D.
A physical
description of the applicant, including sex, height, weight, hair
and eyes.
(Prior code § 5-713)
An escort service permit shall not be issued to a person under
the age of 18 years, nor to a partnership, association or corporation,
any officer or manager of which is under 18 years of age.
(Prior code § 5-714)
A.
The
Director of Finance or designated representative, shall refer all
applications for permits to the Police Chief for investigation and
recommendations.
B.
The
Police Chief shall investigate and ascertain the following:
1.
Whether
the applicant has within three years immediately preceding the date
of filing of the application been convicted in a court of competent
jurisdiction of any offense which relates directly to the operation
of an escort service, whether as owner, agent or employee, or any
felony the commission of which occurred on the premises of or in the
conduct of any escort service establishment;
2.
Whether
the applicant has within three years immediately preceding the date
of filing of the application had any escort service permit revoked
or suspended;
3.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer) after being convicted
in a court of competent jurisdiction of any offense involving conduct
which requires registration under Section 290 of the California Penal
Code, or a violation of Sections 311, 314, 315, 316, 318, 266 through
267 inclusive, 647(a), 647a or 647b of the California Penal Code or
conspiracy or attempt to commit any such offense or any offense in
the jurisdiction outside the State which is the equivalent of any
of the aforesaid offenses;
4.
Whether
the applicant has knowingly made a material misrepresentation in the
application for the permit;
5.
Whether
the applicant has within three years immediately preceding the date
of filing of the application been convicted in a court of competent
jurisdiction of an offense involving theft.
C.
The
Police Chief shall make a report of his or her finding to the Director
of Finance together with his or her recommendation, if any.
(Prior code § 5-715)
Nothing herein shall constitute a waiver of the requirements
of Title 5 of the Stockton Municipal Code requiring issuance and possession
of other valid business licenses.
(Prior code § 5-716)
Any person who holds a valid escort service permit may obtain
a new permit for the succeeding year by applying for said new permit
during the 30 days preceding the expiration date of the current permit.
(Prior code § 5-717)
Within 45 days after the filing of an application for a permit,
the Director of Finance, or designated representative, shall review
the application together with the report and recommendation of the
Police Chief, if any, and shall grant said permit or notify the applicant
that he or she proposes to deny the permit, together with the grounds
for denial. Such notice shall be in writing and sent by mail to the
applicant's mailing address set forth in the application. In the event
of denial, the applicant may appeal such denial to the City Manager
by filing notice thereof with the City Manager within 30 days of the
date the notice was mailed.
(Prior code § 5-718)
The following shall constitute grounds for a denial of an escort
service permit:
A.
The
applicant has within three years immediately preceding the date of
the filing of the application been convicted in a court of competent
jurisdiction of any offense as stated above in Section 5.56.060(B)(1),
(3) and (5);
B.
The
applicant has within three years immediately preceding the date of
filing of the application had an escort service permit revoked or
suspended;
C.
Whether
the applicant has within 10 years immediately preceding the date of
application completed a probationary period or has been released from
prison, (whichever period of time is longer) after being convicted
in a court of competent jurisdiction of any felony offense specified
in Division 10 of the California Health and Safety Code; and
D.
Whether
the applicant has knowingly made a material misrepresentation in the
application for a permit.
(Prior code § 5-719)
A.
Any permit issued hereunder may be summarily and temporarily suspended by the Chief of Police or Director of Finance in the event it is determined that the holder of such permit has been arrested and charged with any of the offenses specified in Section 5.56.100. Any such suspension shall be accomplished by written notification of the suspension and the reasons therefor sent by certified mail, return receipt requested, to the permittee's business address as approved in the permit.
(Prior code § 5-720)
The City Manager may initiate suspension or revocation procedures
by sending written notice setting forth the grounds for said suspension
or revocation. Said notice shall be sent by certified mail, return
receipt requested, to the permittee's business address as approved
in the permit.
(Prior code § 5-721)
The City Manager or designee shall cause a hearing to be held:
A.
Upon
the appeal of the applicant from the decision of the Director of Finance
in denying the granting of a permit;
(Prior code § 5-722)
A.
The
City Manager shall fix the time and place of the hearing which shall
be within 15 days following the filing of an appeal or from the notice
of suspension or revocation. The applicant shall be given notice of
said hearing at least 10 days prior to the hearing date. Said notice
may be by personal service or by certified mail return receipt requested.
B.
At the time and place fixed in said notice or any time to which the matter may be continued by the mutual consent of the parties, the City Manager or designee shall hear the applicant and all witnesses together with any proper documentary evidence offered in support of or against the granting or continuation of a permit. The City Manager or authorized representative, shall at the conclusion of the hearing prepare findings of fact based upon the evidence submitted and determine whether grounds exist for denial of a permit as set forth in Section 5.56.100 of this chapter, or for the suspension and/or revocation of the permit as set forth in Section 5.56.110 of this chapter. If from the evidence the City Manager finds grounds exist for the denial, suspension or revocation of the permit, he or she shall deny the permit or order the suspension and/or revocation thereof. If following the hearing the City Manager determines that no proper grounds exist for the denial, suspension or revocation of the permit, then the City Manager shall grant the appeal and cause the permit to be issued and terminate any prior suspension.
(Prior code § 5-723)
Any permit issued for an escort service may be suspended and/or revoked by the City Manager after a hearing pursuant to Section 5.56.140, where it is found that:
A.
Permittee
has violated any provision of this chapter;
B.
The permittee has been convicted in a court of competent jurisdiction of the offenses constituting grounds for denial of this permit pursuant to Section 5.56.100;
C.
The
permittee has engaged in fraud, misrepresentation or false statements
in conducting the escort service;
D.
The
permittee has failed to correct a violation found pursuant to this
chapter;
E.
The
permittee has continued to operate the escort service after the permit
has been suspended; or
(Prior code § 5-724)
Any holder of an escort service permit aggrieved by the action
of the City Manager or other officials of the City acting under this
chapter may appeal such decision to the City Council.
(Prior code § 5-725)
A.
An appeal
to the City Council shall be made by filing a petition in triplicate
with the City Clerk not later than 10 days from the decision of the
City Manager. The petition shall set forth the grounds of appeal and
the reasons why such appeal should be granted. Upon receipt of the
petition the City Clerk shall immediately forward a copy to the City
Manager and within 10 days thereafter, the appeal shall be placed
on the agenda of the City Council.
B.
The
City Council shall set the matter for hearing within 15 days and give
the appellant notice of the time and place for said hearing. Such
notice shall be given in person or by mail not later than 10 days
prior to the hearing.
(Prior code § 5-726)
In considering and ruling upon the appeal of the petitioner the City Council shall judge the merits of the appeal based upon the grounds set forth in Sections 5.56.100 and 5.56.110. The City Council may reverse or affirm wholly or in part any decision, determination or requirement of the City Manager and may make such decision or determination or impose such conditions as the facts warrant. The decision of the City Council shall be final. Any hearing may be continued from time to time.
(Prior code § 5-727)
It is unlawful for any owner, proprietor or manager or other
person in charge of an escort service to allow any permit under the
age of 18 years to patronize an escort service as a customer or patron.
(Prior code § 5-728)
The sale or transfer of any interest in any escort service shall be reported to the Director of Finance 10 days prior to such sale or transfer. A new application pursuant to Section 5.56.020 et seq., shall be filed by the buyer and an investigation conducted pursuant to Section 5.56.060 as to the person obtaining such interest. If such person satisfies the requirements related to operation of an escort service, the existing permit shall be endorsed to include such person. A fee in the amount established by resolution of the City Council shall be paid to the City for the investigation necessitated by such sale or transfer.
(Prior code § 5-720)
No person granted a permit under this chapter shall operate
under any name or conduct any business under any designation or at
any location not specified on such permit.
(Prior code § 5-730)
It is unlawful for any person to act as an escort as defined
herein without first having acquired a valid work permit from the
Director of Finance, or designee, and complying with all of the regulations
contained in this chapter.
(Prior code § 5-731)
An application for a work permit shall be filed with the Director
of Finance, or designee, and shall be in writing on the forms provided
by the Finance Department and shall be accompanied by payment of a
fee in an amount as established from time to time by resolution of
the City Council. Any such application shall be under oath, in duplicate
and shall contain such information pertinent to the application as
the City may require.
(Prior code § 5-732)
A.
Two
prints of a recent passport size photograph of the applicant.
B.
Certificate
from a medical doctor stating that the applicant has within 30 days
immediately prior to the filing of the application been examined and
found to be free from any contagious or communicable disease.
C.
Written
evidence that the applicant is at least 18 years of age.
D.
Two
copies of the applicant's fingerprints on forms provided by the Stockton
Police Department.
(Prior code § 5-733)
A.
The
Director of Finance, or designee, forwards permits for employees of
an escort service to the Chief of Police for investigation and recommendation.
B.
The
Chief of Police shall investigate and ascertain:
1.
Whether
the applicant has within three years immediately preceding the date
of filing of the application had an escort service operator's or employee's
permit or license suspended or revoked;
2.
Whether
the applicant has within 10 years immediately preceding the date of
application completed a probationary period or been released from
prison (whichever period of time is longer) after being convicted
in a court of competent jurisdiction of any offense requiring registration
under Section 290 of the California Penal Code or any violation of
Sections 311, 314, 315, 316, 318 or Section 647(a), (b) or; (d) of
the California Penal Code or conspiracy or attempt to commit any such
offense or any offense in the jurisdiction outside the State which
is the equivalent of any of the aforesaid offenses;
3.
Whether
the applicant has knowingly made a material misrepresentation in the
application for a permit;
4.
Whether
the applicant has within three years immediately preceding the date
of filing of the application been convicted in a court of competent
jurisdiction of an offense involving theft; and
5.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer) after being convicted
in a court of competent jurisdiction of any felony offense specified
in Division 10 of the California Health and Safety Code.
C.
The
Chief of Police shall make a report of the findings to the Director
of Finance together with his or her recommendations if any.
(Prior code § 5-734)
Within 20 days after the filing of an application for a permit,
the Director of Finance, or designee, shall review the application
together with the report and recommendations of the Chief of Police
and shall grant said permit or shall notify the applicant of the denial
of the permit and grounds therefor. Said notice shall be in writing
and sent by certified mail to the applicant's mailing address, return
receipt requested as set forth in the application. In the event of
a denial of the permit, the applicant may appeal said denial to the
City Manager by filing notice thereof with the City Manager within
30 days of the date the notice was mailed.
(Prior code § 5-735)
The following shall constitute grounds for denial of an escort
service employee's permit:
A.
The
applicant has within three years immediately preceding the date of
the filing of the application been convicted in a court of competent
jurisdiction of any offense which related directly to the operation
of an escort service or of any felony committed in conjunction with
or in the scope of operation of an escort service;
B.
The
applicant has within three years immediately preceding the date of
the filing of the application had any escort service employee's permit
or license which was issued within the State of California suspended
or revoked;
C.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer) after being convicted
in a court of competent jurisdiction of any offense which required
registration under Section 290 of the California Penal Code or convicted
of any violation of Section 311, 314, 315, 316, 318 or Section 647(a),
(b) or (d) of the California Penal Code; or conspiracy or attempt
to commit any such offense; or any offense in the jurisdiction outside
the State which is equivalent to any of the aforesaid offenses;
D.
Whether
the applicant has within 10 years immediately preceding the date of
the application completed a probationary period or has been released
from prison (whichever period of time is longer) after being convicted
in a court of competent jurisdiction of any felony offense specified
in Division 10 of the California Health and Safety Code;
E.
The
applicant has knowingly made a material misrepresentation on the application
for a permit; and
F.
The
applicant has within three years immediately preceding the filing
of the application been convicted in a court of competent jurisdiction
of an offense involving theft.
(Prior code § 5-736)
An escort service employee permit shall not be issued to any
person under the age of 18 years.
(Prior code § 5-737)
Any escort service employee's permit issued hereunder may be summarily and temporarily suspended by the Chief of Police or the Director of Finance in the event that it is determined that the holder of said permit has been arrested and charged in any court of competent jurisdiction with any offense which would constitute grounds for denial of a permit pursuant to Section 5.56.270.
(Prior code § 5-738)
Summary suspension shall be accomplished by written notice of suspension and the reasons therefor sent by certified mail, return receipt requested, to the permittee's residence address as set forth in the application for an escort service employee's permit. Within 24 hours thereafter a copy of said notice together with the reasons therefor shall be transmitted to the City Manager. The City Manager shall within 10 days after the suspension, hear the matter pursuant to Section 5.56.320 of this chapter.
(Prior code § 5-739)
The City Manager may initiate suspension or revocation procedures
by sending written notice setting forth the grounds for such suspension
or revocation. Said notice shall be sent by certified mail, return
receipt requested to the permittee's residence address as set forth
in the application for escort service employee's permit.
(Prior code § 5-740)
The City Manager, or designee, shall cause the hearing to be
held:
A.
Upon
the appeal of an applicant from a decision of the Director of Finance
to deny the granting of a permit;
(Prior code § 5-741)
Any escort service employee's permit may be suspended or revoked by the City Manager after hearing, pursuant to Section 5.56.310 where it is found that:
A.
The
permittee has violated any provisions of this chapter;
B.
The permittee has been convicted in a court of competent jurisdiction of an offense constituting grounds for denial of the permit pursuant to Section 5.56.270 of this chapter; or
C.
The
permittee has continued to function as an employee of an escort service
after the permit has been suspended.
(Prior code § 5-742)
Upon suspension or revocation of the work permit of such escort
service employee, the work permit of such employee shall be returned
to the Director of Finance for cancellation or holding during the
period of suspension.
(Prior code § 5-743)
Action taken by the City Manager with respect to the granting,
denial, suspension or revocation of work permits of escort service
employees shall be final and conclusive.
(Prior code § 5-744)
Any person who holds a valid escort service employee permit
may obtain a new permit for the succeeding year by applying for said
new permit during the 30 days preceding the expiration date of the
current permit.
(Prior code § 5-745)
A.
Every
person who engages in, conducts, or carries on the operation of an
escort service shall keep 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 said employee's work permit;
2.
The
hours of employment for each employee for each day; and
3.
The
names of all patrons, including true full names, residential addresses
including street, City and State, hours of employment of escort service,
name of escort or employees providing escort services, location and
place where escort services took place and the fees charged.
B.
Such
daily register shall be at all times available during business hours
and be subject to inspection by the Police Department and/or the Director
of Finance, or his or her designee, and shall be kept on file for
one year on the premises.
C.
It shall
be a misdemeanor for a patron of such escort services to give or provide
a false name; or for an agent, employee or operator of such escort
service to knowingly enter, place or cause to be placed in the daily
register a false name of a patron.
(Prior code § 5-746)
A.
Any
person who willfully violates any provision of this chapter shall
be deemed guilty of a misdemeanor or an infraction:
1.
If
charged as an infraction, the penalty upon conviction of such person
shall be a fine not exceeding $100.00;
2.
If
charged as a misdemeanor, the penalty upon conviction of such person
shall be imprisonment in the County Jail for a period not to exceed
six months or by a fine not to exceed $1,000.00 or by both such fine
and imprisonment;
3.
The
complaint charging such violation shall specify whether the violation
charged is a misdemeanor or an infraction.
B.
Such
charging decision shall be at the sole discretion of the prosecuting
attorney.
C.
Nothing
herein shall prohibit the District Attorney from exercising the discretion
vested in him or her by law to charge an operator, employee or other
person associated with an escort service with violating this or any
other local or State law.
(Prior code § 5-747)
Any permit issued under the terms of this chapter may be suspended
for a period of up to 30 days by the Chief of Police if he or she
deems, after a noticed hearing that violation of this chapter or any
provisions of the Stockton Municipal Code has occurred or when any
of the rules or regulations adopted by the Chief of Police pursuant
to this chapter are violated.
(Prior code § 5-748)
All existing premises required to obtain a permit and license
pursuant to this chapter must obtain such permit within 60 days of
the effective date of the ordinance codified in this chapter; failure
to do so shall make continued operation of said escort service a violation
of this chapter.
(Prior code § 749)
