For purposes of this chapter, the words, terms and phrases in this chapter shall have the meaning set forth below unless the context clearly requires a different meaning.
"Chief of Police"
means the Chief of Police of the City of Lake Forest or the member of the Orange County Sheriff's Department who serves as the commanding officer for the portion of Orange County which includes the City of Lake Forest, or his or her designee.
"City Manager"
means the City Manager of the City of Lake Forest or his or her designee.
"Disqualifying conduct"
means the conduct of a person who:
1. 
Within five years immediately preceding the filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of hearing, has been convicted in a court of competent jurisdiction of:
a. 
Any misdemeanor or felony offense which relates directly to the operation of an escort service, whether as an escort service owner or operator or as an escort, or
b. 
Any felony the commission of which occurred on the premises of an escort service; or
2. 
Within five years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension hearings, whichever is applicable, has had any escort service or escort license or permit, which was issued by the State or any county or city revoked; or
3. 
Within five years immediately preceding the date of the filing of the application in question, or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension hearings, whichever is applicable, has been convicted in a court of competent jurisdiction of:
a. 
Any violation of Penal Code Sections 266h, 266i, 314, 315, 316, 647(a), 647647(d), (b) , or
b. 
Conspiracy of attempt to commit any such offense, or
c. 
Any offense in a jurisdiction outside the State of California which is equivalent to any of the above enumerated offenses, or
d. 
Any offense which requires registration as a sex offender pursuant to Penal Code Section 290, or
e. 
Any violation which involves the use of force and violence on the person of another; or
4. 
Within five years immediately preceding the date of the filing of the application in question, or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension hearings, whichever is applicable, has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code Sections 11225 through 11235, or any similar provisions of law in a jurisdiction outside the State of California.
"Escort"
means any person who, for pecuniary compensation:
1. 
Escorts, accompanies or consorts with another person to, from or about social affairs, entertainments, places of public assembly or places of amusement;
2. 
Escorts, accompanies or consorts with another person in or about any place of public or private resort or within any private quarters located or situated within any private quarters;
3. 
Escorts, accompanies or consorts with another person in or about any business or commercial establishment, or part or portion thereof.
The definition of "escort" does not include any person who provides caregiver services for senior citizens when such services are provided as part of a bona fide social welfare and health program for such senior citizens. The definition of "escort" also does not include any kind of transportation program authorized pursuant to State law.
"Escort license"
means the license required to work as an escort.
"Escort service"
means any business, agency or self-employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts, introduction services or dating services. For purposes of this chapter, the definition of "escort service" does not include any business, agency or person who provides caregiver services for senior citizens when such services are provided as part of a bona fide social welfare and health program for such senior citizens. The definition of "escort service" also does not include any kind of transportation program authorized pursuant to State law.
"Escort service license"
means the license to operate an escort service within the City.
"Person"
means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.
(Ord. 167 § 4, 2007; Ord. 247 § 15, 2013)
It is unlawful for any person as owner or operator to engage in, conduct, manage or carry on in or upon any premises within the City the operation of an escort service without the required escort service license. A separate license shall be obtained for each separate escort service or escort service location operated by such person. Upon payment of the appropriate license application fee, an escort service license shall be issued to any person who has complied with the requirements of this chapter, and all other applicable provisions of this Code, unless grounds for denial of such license are found to exist.
(Ord. 167 § 4, 2007)
Any application for a license to operate an escort service shall be accompanied by a nonrefundable fee, in an amount to be established by a resolution of the City Council. The application fee shall be used to defray the costs of the investigation and report. A license to operate an escort service shall be renewed annually. The licensee shall pay a renewal fee for such renewal, in an amount established by City Council resolution.
(Ord. 167 § 4, 2007)
A. 
No person shall operate any escort service prior to having obtained an escort service license pursuant to this chapter. Any application for an escort service license shall be made with the Chief of Police.
B. 
The application shall set forth the exact nature of the escort service proposed to be provided, the proposed place of business and facilities therefor, and the name and address of the applicant. The applicant shall furnish his or her fingerprints for purposes of establishing identification. The applicant shall also furnish the following information:
1. 
The previous addresses of applicant, if any, for a period of five years immediately prior to the date of the application and the dates of residence at each;
2. 
Written proof that the applicant is at least 18 years of age;
3. 
The history of the applicant as to the operation of any escort service or similar business or occupation within five years immediately preceding the filing of the application. Such information shall include, but shall not be limited to, a statement as to whether or not such person, in previously operating an escort service within this State under a permit or license, has had such permit or license revoked or suspended, and the reasons therefor; and the business, activity or occupation the license applicant engaged in subsequent to such action of revocation or suspension;
4. 
Enumeration of any conduct which would qualify as disqualifying conduct pursuant to Section 5.08.010 of this chapter;
5. 
Applicant's height, weight, color of eyes and hair;
6. 
Two prints of a recent passport-size photograph of applicant;
7. 
Business, occupation or employment history of the applicant for the five years immediately preceding the date of the application;
8. 
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 its officers, directors, and each stockholder holding more than 5% of the stock of the corporation, along with the amount of stock held. If the applicant is a partnership, the application shall set forth the name and residence addresses 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;
9. 
The names and residence addresses of all persons currently employed or intended to be employed in the escort service, regardless of the nature of the employment, including the names and addresses of any person licensed pursuant to Section 5.08.150 of this chapter, along with the proposed or actual nature of the work performed or to be performed, and recent passport-sized photographs, suitable for the Chief of Police to process the application of each such employee. The Chief of Police shall require such employees to furnish fingerprints for the purpose of establishing identification. Any applicant or licensee shall notify the City in writing of the names, addresses and nature of the work, or any new employees, within five days of such employment, and supply the photographs described in this subsection. Such new employees shall allow fingerprints to be taken for the purpose of identification upon request. "Employee" includes every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the operation of an escort service;
10. 
Such other information as may reasonably be deemed necessary by the Chief of Police for purposes of processing the application;
11. 
A statement in writing by the applicant that he or she certifies under penalty of perjury that the foregoing information contained in the application is true and correct, said statement being duly dated; and
12. 
Authorization for the City and its agents and employees to seek information and conduct an investigation into the truth of the statements set forth by the applicant and the applicant's qualifications for the license.
(Ord. 167 § 4, 2007)
A. 
Within 60 working days following receipt of a completed application, the Chief of Police shall either issue the license or mail a written statement outlining the reasons for denial of the license.
B. 
The Chief of Police shall deny a license to the license applicant where any of the following findings exist:
1. 
The applicant has made one or more material misstatements in the application for a license; or
2. 
The applicant, if an individual; or the stockholders holding more than 5% of the stock of the corporation; the officers and directors, and each of them, if the applicant be a corporation, or the partners, including limited partners, and each of them, if the applicant be a partnership; and the manager or other person principally in charge of the operation of the business, or any such individuals, is a person who has engaged in disqualifying conduct; or
3. 
The escort service, as proposed by the license applicant, if permitted, would not comply with all the applicable laws, including, but not limited to, all the City's building, fire, zoning and health regulations; or
4. 
The applicant is lacking in the background and qualifications to conduct a bona fide escort service; or
5. 
Any persons to be employed by applicant are persons who have engaged in disqualifying conduct; or
6. 
Within the past five years, the applicant has violated any provision of this chapter, or any similar ordinance, law, rule or regulation of any other public agency which regulates the operation of escort services; or
7. 
The applicant is less than 18 years of age.
(Ord. 167 § 4, 2007)
All escort services shall comply with the following requirements:
A. 
Escort services shall comply with all applicable provisions of this Code.
B. 
No escort service shall employ any person under 18 years of age.
C. 
No escort service shall escort, offer to escort or perform any activity described in this chapter to any patron, customer or person under 18 years of age.
D. 
Every escort service shall furnish the Chief of Police with the names of and information concerning the subsequent employment or use of other escorts or termination of employment of any escorts.
E. 
Every escort service shall at all times keep a registration book in connection therewith in which each and every customer's true first, middle and last name, telephone number and complete address shall be written together with the date of initial contact and all appointments and contracts made thereafter.
F. 
No alcoholic beverages shall be sold, furnished, serviced, kept or possessed on the premises of any escort service.
G. 
No escort service shall be kept open for business between the hours of 9:00 p.m. and 7:00 a.m.
(Ord. 167 § 4, 2007)
Each owner or operator of an escort service legally doing business on the effective date of the ordinance codified in this chapter shall apply for an escort service license not later than 90 days therefrom, and shall comply with all requirements which are prerequisites for issuance of an escort service license before such a license will issue.
(Ord. 167 § 4, 2007)
Any and all investigating officers of the City or their designees shall have the right to enter the escort service from time to time during regular business hours to make reasonable inspections to ensure compliance with the provisions of this chapter.
(Ord. 167 § 4, 2007)
No person licensed to operate an escort service in the City shall operate under any name or conduct business under any designation not specified in the license.
(Ord. 167 § 4, 2007)
Upon a change of location of an escort service, an application to the Chief of Police shall be made. Such application shall be granted, provided all applicable provisions of this chapter are complied with, and a change of location fee in an amount established by City Council resolution to defray the costs of investigation and report has been paid to the City.
(Ord. 167 § 4, 2007)
A sale or transfer of any interest in an escort service, which interest would be reported as required in this chapter upon application for an escort service license, shall be reported to the Chief of Police within 10 days of such sale or transfer. The Chief of Police shall investigate any person receiving any interest in an escort service as a result of such sale or transfer, and if such person satisfies the requirements relating to escort service license applicants, the existing license shall be endorsed to include such person. A fee as set forth by resolution of the City Council shall be paid to the City for the investigation by the Chief of Police necessitated by each such sale or transfer.
(Ord. 167 § 4, 2007)
The owner or operator of an escort service shall display the escort service license in the establishment in an open and conspicuous place on the premises. Passport-size photographs of the licensee shall be affixed to the license on display pursuant to this section.
(Ord. 167 § 4, 2007)
Any application for an escort license shall be accompanied by a nonrefundable fee. An escort license shall be renewed annually and a renewal fee shall be paid. The escort license fee and the renewal fee shall be in amounts as determined by City Council resolution. Any person who applies for an escort service license and who desires to act as an escort within said establishment shall not be required to pay the fee required by this section but shall be required to furnish the materials and information set forth in Section 5.08.040, and to show qualifications for, and to obtain, an escort service license.
(Ord. 167 § 4, 2007)
A. 
Any application for an escort license shall be made with the Chief of Police.
B. 
Within 60 working days following receipt of a completed application, the Chief of Police shall either issue the license, or mail a written statement outlining the reasons for denial of the license. The Chief of Police shall require that the applicant furnish fingerprints for the purpose of establishing identification. The applicant shall furnish information required under subsections (B)(1) through (7) and (B)(10) through (12) of Section 5.08.040, and the additional following information:
1. 
Social Security number and driver's license number, if any;
2. 
The name and address of the escort service where the applicant is to be employed, or engaged in the practice of being an escort if self-employed; and the name of the owner or operator of the same. Any escort granted a license pursuant to this section must report any change in escort service employment within five days of said change;
3. 
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; and
4. 
A statement in writing by the applicant made under penalty of perjury that the information furnished is true and correct, said statement being duly dated.
(Ord. 167 § 4, 2007; Ord. 247 § 16, 2013)
A. 
It shall be unlawful for any person to act as an escort unless such person holds a valid license issued by the Chief of Police.
B. 
An escort license shall be issued to any person who has fulfilled the requirements of Section 5.08.150, and all other applicable provisions of this chapter, unless grounds for denial of such license are found to exist, as set forth in Section 5.08.050.
C. 
Escorts, while engaged as such, are 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. 167 § 4, 2007; Ord. 247 § 17, 2013)
Any appeal from a denial of an escort service license or escort license shall be made in accordance with the provisions of Section 5.08.200.
(Ord. 167 § 4, 2007)
After an investigation, notice and hearing, any license issued for an escort service may be revoked or suspended by the Chief of Police where any of the following is found:
A. 
The licensee has violated any provisions of this chapter; or
B. 
The licensee is a person who has engaged in disqualifying conduct; or
C. 
The licensee has failed to comply with one or more of the facilities and operations requirements of Section 5.08.060; or
D. 
The licensee has engaged in fraud, misrepresentation or false statements in conducting the escort service; or
E. 
The licensee has continued to operate the escort service after the license has been suspended; or
F. 
The licensee has allowed a person to work as an escort who:
1. 
Does not have a valid escort license, or
2. 
Within the past five years, has been convicted of a disqualifying offense where the licensee has actual or constructive knowledge of such conviction.
(Ord. 167 § 4, 2007)
After an investigation, notice and hearing, any escort license may be revoked or suspended by the Chief of Police where it is found that:
A. 
The licensee has violated any provision of this chapter; or
B. 
The licensee is a person who has engaged in disqualifying conduct; or
C. 
The licensee has continued to function as an escort after the license has been suspended; or
D. 
The licensee has failed to comply with the requirements of either Section 5.08.040 or Section 5.08.150, whichever is applicable; or
E. 
The licensee has made a material misstatement in the application for a license.
(Ord. 167 § 4, 2007)
A. 
Upon determining that grounds for revocation or suspension exist, as set forth in Sections 5.08.180 and/or 5.08.190, the Chief of Police shall furnish written notice of the proposed revocation or suspension to the licensee. For purposes of this section only, "licensee" shall include a person holding an escort service license or escort license. Such notice shall summarize the principal reasons for the proposed revocation or suspension; shall state that the licensee may request a hearing within 15 calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the escort service and by sending the notice by certified mail, postage prepaid, addressed to the licensee as that name and address appear on the license. Within 15 calendar days after the date of the mailing or posting of the notice, the licensee may file a request for hearing with the Chief of Police. If the request for a hearing is filed within 15 calendar days of the mailing or posting of the notice referred to herein, the Chief of Police shall transmit the request to the City Manager, and the hearing shall be provided.
B. 
Upon receipt of a written request for a hearing, the City Manager shall conduct a hearing. The City Manager shall conduct a hearing, within 45 calendar days of the filing of such request by the licensee. Notice of time and place of the hearing shall be given to the licensee by personal service or via certified mail, postage prepaid, at least 15 calendar days in advance of the date set for the public hearing. At the meeting, the licensee and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The City Manager shall not be bound to the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the City Manager.
C. 
At the conclusion of the hearing, the City Manager shall decide whether the grounds for revocation or suspension exist and shall submit a written report to the Chief of Police. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Chief of Police regarding whether the license is to be revoked or suspended. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee within one day after it is filed with the City Clerk.
If the City Manager determines that any grounds for revocation or suspension exist, as provided in Sections 5.08.180 and/or 5.08.190 of this chapter, the Chief of Police, based upon the report of the City Manager or, if no hearing was requested by the licensee, based upon the report of the City staff and/or the Chief of Police, shall immediately revoke or suspend the appropriate license(s). The decision of the City Manager shall be appealable in accordance with the procedures set forth in Chapter 1.12 of this Code.
(Ord. 167 § 4, 2007)
An applicant for a license under this chapter whose application for such license has been denied may not reapply for such license for a period of one year from the date such notice of denial was deposited in the mail or received by the applicant, whichever occurs first. However a reapplication prior to the termination of one year may be made if accompanied by evidence that the ground or grounds for denial of the applicant no longer exist.
(Ord. 167 § 4, 2007)
No refund or rebate of a license fee shall be allowed by the reason of the fact that the licensee discontinues an activity for which a license is required pursuant to this chapter, or that the license is suspended or revoked.
(Ord. 167 § 4, 2007)
In the event that a license is cancelled, suspended, revoked, or invalidated, the licensee shall forward it to the Chief of Police not later than the end of the third (3rd) business day after notification of the cancellation, suspension, revocation or invalidation.
(Ord. 167 § 4, 2007)
A. 
Whenever the Chief of Police or his or her designee makes an inspection of an escort service and finds that any provision of this chapter has been violated, the Chief of Police shall give notice of such violation by means of an inspection report or other written notice. In any such notification, the Chief of Police shall:
1. 
Set forth the specific violation or violations found;
2. 
Establish a specific and reasonable period of time for the correction of the violation or violations. If the Chief of Police determines that the violation or violations are minor in nature, the Chief of Police may issue a warning to the licensee, that any further violation of this chapter may result in the filing of a complaint for revocation or suspension of the license;
3. 
State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in the Chief of Police filing a complaint for revocation or suspension of the license.
B. 
Issuance of a notice of violation pursuant to this section is not the City's exclusive enforcement remedy if the provisions of this chapter have been violated by an escort service licensee or escort licensee.
(Ord. 167 § 4, 2007)
Any person violating any provision of this chapter or failing to obtain the license required by this chapter shall be guilty of a misdemeanor and be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months or by both such fine and imprisonment. Revocation or suspension of a license issued under this chapter shall not be a defense against prosecution.
(Ord. 167 § 4, 2007)
Any escort service operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance and the City, its duly authorized agents or the District Attorney may commence an action or actions, proceeding or proceedings, to abate, remove or enjoin the public nuisance, 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 service contrary to the provisions of this chapter.
(Ord. 167 § 4, 2007)