For the purpose of the provisions regulating escorts, escort services, introductory services, interlocutrix establishments and similar businesses set forth in this chapter, the following words and phrases shall be construed to have the meanings set forth in this section, unless it is apparent from the context that a different meaning is intended.
"Applicant"
means any person or entity desiring to obtain a permit to operate an establishment under this chapter, including each and every owner of the proposed establishment and any person desiring to obtain a permit to perform escort services. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each and every majority stockholder. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If a corporation or a partnership is an applicant, then the identifying information required in this section as to the "applicant" shall be provided also as to such stockholders, directors and/or partners as the case may be and a permit may be issued or denied if such stockholders, directors and/or partners do or do not satisfy the requirements and standards imposed by this chapter as to the background and character of the applicant.
If the applicant is a corporation, a certified copy of its articles of incorporation, together with any authorizations to issue stock shall be attached to the application. If the applicant is a partnership, a certified copy of the partnership agreement, if there be one, shall be attached to the application and if the applicant be a limited partnership, a certified copy of its certificate of limited partnership shall be attached to the application.
"Escort"
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.
"Escort service" or "escort bureau"
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 consorts of others about any place of public resort or within any private quarters.
"Interlocutrix"
means any person who engages in conversation, mediation or communication of any nature in a rap session establishment.
"Person"
means any individual, firm, partnership, corporation, association or any combination of individuals of whatever form or character.
(Ord. 2182 § 2, 1992)
If any of the businesses or uses herein designated are distinguished or characterized by an emphasis on matter depicting, describing, featuring or relating to "specified sexual activity" or "specified anatomical areas" as those terms are defined in Section 17.57.010 of this code, they shall be governed by the provisions of Chapter 17.57. However, no permit shall be issued for any business or activity prohibited by law.
(Ord. 2362 § 46, 2003)
It is unlawful for any person to operate or conduct an escort service, rap session or interlocutrix establishment at any location in the city of Westminster not licensed in accordance with the provisions of this chapter. Nor shall any person engage in the business of acting nor act as an escort unless such person holds a valid escort permit issued by the city pursuant to the provisions of this chapter.
(Ord. 2182 § 2, 1992)
A. 
Any application for a permit as set forth in Section 9.56.030 above, shall make application to the chief of police or his authorized designee upon a form provided by him. Prior to submitting such application, a non-refundable fee as set by resolution of the city council shall be paid to the city. A copy of the receipt shall accompany the application.
B. 
Permits and fees required by this chapter shall be in addition to any license, permit or fee required under any other section or chapter of the City's Municipal Code.
C. 
The application for permit does not authorize conducting an establishment or operating as an escort until such time as the permit has been granted.
(Ord. 2182 § 2, 1992)
A. 
Any applicant for an establishment permit pursuant to this chapter shall submit the following information:
1. 
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise;
2. 
The exact name, including any fictitious name, if applicable, under which the business is to be operated;
3. 
A description of the service(s) to be provided;
4. 
The present or proposed address where the business is to be conducted;
5. 
A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant;
6. 
The name and residence address of the operator, director or other person principally in charge of the operation of the business; and the names and residence addresses of all principals of the business;
7. 
The names and residential addresses of all persons employed or intended to be employed by the applicant;
8. 
Every applicant for a permit, whether an individual or combination of individuals, and each partner or limited partner of an applicant, if a partnership applicant, and every officer, director, and each stockholder holding five percent or more of the stock of a corporate applicant, shall furnish the following information:
a. 
The full name, date of birth, current residence address, business address, and telephone numbers;
b. 
California driver's license number or California identification number and social security number, if any;
c. 
Any other names or aliases, including nicknames, used within five years immediately prior to the date of filing the application;
d. 
Each residence and business address for the five years immediately prior to the date of filing the application, and the inclusive dates of each such address;
e. 
The names and present residence address of at least five bona fide residents of the state who will attest that the applicant is of good moral character;
f. 
Written proof that the applicant is over the age of eighteen years;
g. 
The applicant's height, weight, color of eyes;
h. 
Two portrait photographs at least two inches by two inches and shall have been taken within sixty days prior to filing the application;
i. 
The requested use or similar business license or permit history of the applicant, whether such person, is previously operating in this or another city or state under license or permit, has had such license or permit revoked or suspended and the reason therefor; and the business activity or occupation subsequent to such action of suspension or revocation;
j. 
The name and address of any other regulated use under this chapter currently owned or operated by the applicant;
k. 
Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof;
l. 
Whether the applicant has ever been convicted of any crime specified in Section 51032 of the Government Code and, if so, the circumstances thereof and the sentence therefor; and
m. 
The applicant shall be required to furnish fingerprints for the purpose of establishing identification. Any required fingerprinting fee will be the responsibility of the applicant;
9. 
The name and address of the record owner and lessor of the real property upon or in which the proposed use is to be conducted, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgment from the record owner of the property that the proposed use will be located on said property;
10. 
Authorization for the city, its agents and 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 permit; and
11. 
Such other identification and information as may be necessary to verify the truth of the matters hereinabove specified as required to be set forth in the application.
B. 
Falsification of any of the above information shall be deemed sufficient reason for denial of the application.
C. 
Upon receipt of a written application for a permit, the chief of police, or his authorized designee, shall conduct an investigation in order to ascertain whether such permit should be issued as requested. Upon the completion of the investigation, the police chief shall issue the permit if he finds:
1. 
The required fee has been paid;
2. 
The application conforms in all respects to the provisions of this chapter;
3. 
The applicant has not made a material misrepresentation in the application;
4. 
The applicant, if an individual, or any of the stockholders of the corporation, or any officers or director, if the applicant is a corporation, or a partner if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense specified in Section 51032 of the Government Code;
5. 
The applicant has not had an escort service or rap session or interlocutrix establishment permit, or other similar permit or license denied, revoked, or suspended by the city of Westminster, or any other state or local agency prior to the date of approval;
6. 
The applicant is at least eighteen years of age;
7. 
The proposed use is not located within a two hundred fifty feet radius of any residentially zoned property. The distance between a proposed establishment regulated under this chapter and a residential zone shall be measured between the nearest exterior wall of the proposed use, and the nearest lot line included within the residential zone, along a straight line extended between the two points; and
8. 
The proposed establishment as proposed by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.
(Ord. 2182 § 2, 1992)
A. 
Any applicant for an escort permit pursuant to this section shall submit the following information:
1. 
The full name of the applicant, including aliases, nicknames, and any other names used. In the case of a female applicant, her full name, including her maiden name and each of her married names;
2. 
The present address of the applicant;
3. 
The two previous addresses immediately prior to the present address of applicant;
4. 
Written statements signed under declaration of perjury by at least five bona fide residents of the State that the applicant is of good moral character or the identification of such individuals together with their current residence addresses;
5. 
Written proof that the applicant is over the age of eighteen years of age;
6. 
The applicant's height, weight, color of eyes and hair, driver's license number, and Social Security number;
7. 
Two portrait photographs at least two inches by two inches taken within sixty days of the application submitted;
8. 
The business, occupation, or employment of the applicant for the three years immediately preceding the date of the application and the address of each and every location where such business, occupation, and employment was engaged in or performed;
9. 
The escort or similar business license history of the applicant, whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended and the reason therefor; and the business activity or occupation subsequent to such action of suspension or revocation;
10. 
Whether the applicant has ever been convicted of any of the crimes specified in Section 51032 of the Government Code and, if so, the circumstances thereof and the sentence therefor;
11. 
The full name, address and telephone number of each escort bureau where the escort will be employed;
12. 
A certificate under penalty of perjury from a medical doctor stating that the applicant has within thirty days immediately prior to the date of the application been examined and found to be free of any contagious or communicable disease; and
13. 
Such other identification and information necessary to discover the truth of the matters specified in this section as required to be set forth in application.
B. 
The city may require the fingerprints and additional photographs of the applicant. Any required fingerprinting fees will be the responsibility of the applicant.
C. 
Falsification of any of the above information shall be deemed here sufficient reason for denial of the application.
D. 
Upon receipt of a completed application for a permit, the chief of police, or his authorized designee, shall conduct an investigation in order to ascertain whether such permit should be issued as requested. Upon the completion of the investigation, the chief of police shall issue the permit if he finds:
1. 
The required fee has been paid;
2. 
The application conforms in all respects to the provisions of this chapter;
3. 
The applicant has not made a material misrepresentation in the application;
4. 
The applicant has not been convicted in a court of competent jurisdiction of an offense as specified under Government Code 51032;
5. 
The applicant has not had a escort permit, or other similar permit or license denied, revoked, or suspended by the city of Westminster, or any other state or local agency prior to the date of approval; and
6. 
The applicant is at least eighteen years of age.
(Ord. 2182 § 2, 1992)
A. 
Any applicant, as defined in this chapter, for a permit shall personally appear at the police department of the city and produce proof to the police department that the non-refundable application, inspection and enforcement fee has heretofore been paid to the city together with any additional fees required by this chapter for additional applicants, and thereupon said applicant or applicants shall complete an application containing the aforementioned and described information. The chief of police shall have a reasonable time in which to investigate the application, the background of the applicant, and the premises, for the protection of the public interest. The chief of police shall deliver the notification to the applicant by registered or certified mail at his or her address shown on the application within thirty days after the chief of police receives the completed application. The foregoing thirty day deadline is directory only; failure to meet such deadline shall not affect the power of the chief of police to deny, or otherwise act on such application.
B. 
In the event that the chief of police or his authorized designee, following investigation of the applicant, deems that the applicant does not fulfill the applicable requirements of this chapter, he shall deny said application. The chief of police shall include a statement of the grounds for the decision in the notice to the applicant, and such applicant shall have the rights of appeal within the time limits as set forth in this chapter.
C. 
The chief of police's decision shall be hand delivered or sent via certified mail to the applicant and shall be posted in accordance with the requirements of the Municipal Code and on the outside of the proposed establishment by a sign measuring eight and one-half by eleven inches and with type size of at least twenty points. Posted notices shall remain for at least ten days and shall be mailed to all property owners within three hundred feet of the proposed use. Any interested party may appeal the decision to the city council. The city council within the same applicable appeal period may also at a regular or special meeting initiate such an appeal.
(Ord. 2182 § 2, 1992)
Upon any permit required by this chapter being refused, or suspended or revoked, as specified in this chapter, any interested party may, within fifteen days after notice thereof has been sent by registered or certified mail, file a written request with the city clerk for a hearing by the city council to review such refusal, suspension or revocation. Upon the filing of such a request, the city clerk shall set such hearing within forty-five days and, unless waived in writing by such person, shall serve a notice of the time and place thereof by registered or certified mail to the person making such request at the address shown therein at least ten days in advance of such hearing. The council may affirm the denial, revocation, or suspension, or order the issuance, or reinstatement of any permit.
(Ord. 2182 § 2, 1992)
A. 
The chief of police may revoke or suspend any permit issued under this chapter at any time upon a determination that there has been:
1. 
A material false statement made in the application;
2. 
That there has been a transfer of an ownership interest in the establishment or any entity which may own it;
3. 
That there has been a failure to correctly keep and make the records specified in this chapter available for inspection;
4. 
That there has been a failure to comply with the provisions of this chapter;
5. 
That the permittee has been convicted of a crime specified in Section 51032 of the Government Code; or
6. 
That such establishment has been operated in a manner which endangers the patrons thereof or the public health, safety or welfare.
Any suspended permit must either be reinstated or revoked by the chief of police within ninety days after the date of suspension thereof.
B. 
Notice of any such decision to suspend or revoke shall be given in writing served by registered or certified mail to the permittee and shall only be final and effective at the end of the fifteenth day after such service unless the permittee has theretofore filed an appeal therefrom with the council, which shall then hold a de novo hearing.
(Ord. 2182 § 2, 1992)
No person may apply for a permit under this chapter within one year from denial of a permit to such applicant or within one year from the revocation of a permit issued to such permittee, unless the cause of the denial or revocation has been, to the satisfaction of the chief of police or the city council, been removed within such time.
(Ord. 2182 § 2, 1992)
Each person to whom a permit has been issued under this chapter shall immediately surrender his permit to the chief of police upon its revocation or suspension.
(Ord. 2182 § 2, 1992)
Upon the sale or transfer of any interest in an establishment or any entity owning such establishment regulated under this chapter, the permit issued pursuant to this chapter shall be null and void unless the sale or transaction is to an applicant shown on the application for the permit pursuant to which the establishment was operated. A new application under this chapter shall be made by any person, firm or entity desiring to own or operate such massage establishment.
(Ord. 2182 § 2, 1992)
Unless otherwise specifically provided by law, the burden is on the appealing party in any hearing under this chapter to prove that the determination of the chief of police or his authorized designee which he is appealing is unreasonable, erroneous or clearly abusive of discretion. The formal rules of evidence shall not apply for any hearing under this chapter.
(Ord. 2182 § 2, 1992)
Each applicant for an escort service must state the name and address of all escorts intended to be employed by the applicant and, if a permit is granted, the permittee must notify the chief of police within five working days, of any change in personnel with regard to escorts.
(Ord. 2182 § 2, 1992)
A record shall be kept by each permittee showing every transaction whereby any escort is employed, furnished or arranged for on behalf of any patron or customer, the date and approximate hour of the transaction, the name, address and telephone number of the patron or customer, the name of each escort involved and such other information as the chief of police may reasonably require by rule or regulation. Each patron shall be required to supply eligible verification of his or her identity. Such record shall be kept available and open to the inspection of any police officer at any time during business hours and shall be presented before the chief of police at anytime upon written request therefor. The information furnished or secured as a result of any such service records shall be used only to ensure and enforce compliance with this Municipal Code and other applicable laws and shall otherwise be confidential. Any unauthorized disclosure or use of such information by an employee of the establishment or the city shall constitute a misdemeanor, and such employee shall be subject to the penalty provisions of this code in addition to any other penalties provided by law. Such records shall be maintained for a period of two years.
(Ord. 2182 § 2, 1992)
The operation of any establishment regulated under this chapter shall be permitted only between the hours of nine a.m. (9:00 a.m.) and ten p.m. (10:00 p.m.).
(Ord. 2182 § 2, 1992)
It is the responsibility of the escort service permittee to ensure that each and every escort who performs escort services for the establishment holds a valid permit pursuant to the provisions of this chapter.
(Ord. 2182 § 2, 1992)
A. 
No permittee under the provisions of this chapter shall employ, as an escort, any person under eighteen years of age.
B. 
No holder of an escort bureau permit under this chapter shall 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 the parent, guardian or other person in lawful custody of the person on whose behalf the escort service is engaged.
(Ord. 2182 § 2, 1992)
The provisions of this chapter shall not apply to the lawful business of any employment agency licensed under the laws of the state. Nor shall the provisions of this chapter apply to any person who accompanies others as an incident to their trade or profession such as, nurses, bodyguards or tour guides.
(Ord. 2182 § 2, 1992)
Every escort, while engaged as such, and every escort bureau and introductory service is required to carry their license on their person or within their immediate possession and shall produce it for inspection by any law enforcement agency upon request.
(Ord. 2182 § 2, 1992)
No permittee licensed under this chapter shall operate under any name or conduct the business under any designation not specified in the permit.
(Ord. 2182 § 2, 1992)
Every person actively carrying on, conducting, or engaging in any of the activities for the permittee for which a permit is required and enumerated in this chapter, shall file a separate application by the permit provisions of this chapter, regardless of whether or not such natural person is participating on behalf of or for any firm, corporation, partnership, association, society, or any other such organization.
(Ord. 2182 § 2, 1992)
An escort permit issued pursuant to the provisions of this chapter, which has not been suspended or revoked, may be renewed for a period of one year on written application to the chief of police. At such time the applicant shall submit a certificate under penalty of perjury from a medical doctor stating that the permit holder has within thirty days immediately prior thereto been examined and been found to be free of any contagious or communicable disease. Such annual renewal application shall require an update on any and all information set forth in the application for an escort permit filed by the applicant.
Such renewal application shall be accepted only upon showing that the non-refundable fee as set by the city council has been paid to the city. If the permittee fails to deliver such a doctor's certificate, fails to provide such updated information, or fails to pay the above referenced fee within thirty days following the annual anniversary date of the escort permit, then the underlying permit shall be null and void and shall be revoked by operation of the terms of this section. The application for renewal of a permit shall contain all of the information required in Section 9.56.050 of this chapter, and shall be processed in accordance with the provisions of this chapter and shall be subject to the approval by the chief of police or his authorized designee.
(Ord. 2182 § 2, 1992)
Each escort permit holder shall be issued an identification card which will also serve as an escort permit. Each permit holder shall immediately surrender, to the Chief of Police, any escort permit issued by the City of Westminster upon the suspension, revocation or expiration of such permit, or upon leaving employment as an escort.
(Ord. 2182 § 2, 1992)
No permit issued under this chapter may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void, provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving partner(s).
(Ord. 2182 § 2, 1992)
Any person violating any provision of this chapter shall be guilty of a misdemeanor and be punishable by a fine of not more than five hundred dollars 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. 2182 § 2, 1992)
Any escort bureau or interlocutrix establishment 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 or the district attorney may 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 interlocutrix establishment contrary to the provisions of this chapter.
(Ord. 2182 § 2, 1992)
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 article into law. All such persons and businesses shall have six months from said effective date of this ordinance to comply with the provisions of this chapter.
(Ord. 2182 § 2, 1992)