It is the purpose and intent of this chapter to provide for
the orderly regulation of escort services and escorts in the City
of Carlsbad, by establishing certain minimum standards for the conduct
of this type of business by the adoption of a licensing procedure
for escort establishments as well as the individuals providing escort
services. This is determined to be necessary to protect and preserve
the public order and the health, safety and general welfare of the
residents of the City of Carlsbad.
(Ord. NS-388 § 1, 1997)
For the purpose of this chapter, the following words and phrases
shall have the meanings ascribed to 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 compensation for such service.
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 a person regulated by Chapter 21.43 of this code.
means the license to engage in the activities of an escort
required by this chapter.
means any place where patrons can purchase the social company or companionship of another person to be given either on or off the premises, excluding any use regulated by Chapter 21.43 of this code.
means the business license to operate an escort service required
by this chapter.
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 organization, joint stock company, corporation,
estate, trust, business trust, receiver, trustee, syndicate, or any
other group or combination acting as a unit, excepting the United
States of America, the State of California, and any political subdivision
thereof.
(Ord. NS-388 § 1, 1997)
It is unlawful for any person, as defined in Section 5.17.020, to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, the operation of an escort service as defined in Section 5.17.020, without a license issued by the Chief of Police of the city pursuant to the provisions of this section for each and every such business. Any person obtaining an escort service license shall pay to the license collector a license fee in an amount established by City Council resolution and payable when the license issues. This license fee shall be in lieu of any business license tax.
(Ord. NS-388 § 1, 1997)
Each application for an escort service license shall be submitted
to the Chief of Police and shall contain the following information:
A.
A definition
of services to be provided;
B.
The
location and mailing address of the proposed name of the escort service
and address;
C.
The
name and residence address and phone number of the applicant;
D.
The
full true name and any other names used by the applicant and address
of all owners of the escort service establishment, including corporate
officers and directors, stockholders owning more than 10% of the corporation,
and general, managing and limited partners. Corporations shall also
furnish the name and address of an agent for service of process and
the state of incorporation;
E.
The
previous address of the applicant, if any, for a period of five years
immediately prior to the date of the application and the dates of
residences at each;
F.
Written
proof that the applicant is over the age of 18 years;
G.
Provision
of acceptable government issued identification containing the name,
date of birth and photograph of the applicant;
H.
A complete
set of the applicant's fingerprints and a photograph which shall be
taken by the Chief of Police or agent;
I.
Business,
occupation or employment history of the applicant for the five years
immediately preceding the date of the application;
J.
The
history of the applicant in the operation of an escort service or
similar business or occupation, including, but not limited to, whether
or not such person, in previously operating in this or another city
or state under license, had had such license revoked or suspended
and the reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation;
K.
All
criminal convictions, other than minor traffic violations, with a
full explanation of the circumstances thereof for the escort service
establishment manager, the operator and the owner, including all partners,
corporate officers and directors;
L.
At the
discretion of the Chief of Police, the applicant may be required to
submit the name and address of each escort service applicant who is
or will be employed in the establishment;
M.
The
name and address of the owner and lessor of the real property upon
or in which the business is to be conducted, and a copy of the lease
or rental agreement;
N.
Such
other identification and information necessary to discover the truth
of the matters hereinbefore specified as required to be set forth
in the application;
(Ord. NS-388 § 1, 1997)
A nonrefundable fee in an amount established by the Chief of
Police shall accompany the submission of each application for an escort
service license to defray, in part, the costs of investigation. The
fee shall not be in lieu of, and shall be in addition to, the license
fee to be paid pursuant to the terms of this chapter.
(Ord. NS-388 § 1, 1997)
A.
Upon
receipt of a completed application and fee, the Chief of Police shall
have a reasonable time, not to exceed 60 days, in which to verify
the application information and to investigate the background of the
applicant.
B.
The
Chief of Police shall notify the planning, building, fire and health
departments regarding the pending application. The notified departments,
within the 30 days from the application date, shall inspect the premises
proposed to be devoted to the escort service and shall make separate
recommendations to the Chief of Police concerning compliance with
the provisions of this chapter and with the other applicable provisions
of state law and the municipal code.
(Ord. NS-388 § 1, 1997)
Based upon the results of his or her own investigation and upon
the reports received from the other city departments, the Chief of
Police shall issue a escort service license if the chief finds:
A.
That
the operation, as proposed by the applicant, if licensed, would comply
with all applicable laws, including, but not limited to, the city's
building, zoning, fire and health regulations;
B.
That
the applicant, if an individual, or in the case of an applicant which
is a corporation or a partnership, any of its officers, directors,
holders of 10% or more of corporation stock, has not been convicted
in a court of competent jurisdiction of:
1.
An
offense involving the use of force or violence upon the person of
another; or
2.
A
crime requiring registration under Section 290 of the California Penal
Code, or of any violation of Sections 266i, 315, 316, 318 or subdivision
(a) or (b) of Section 647 of the Penal Code; or
3.
Any
felony offense involving the sale of a controlled substance specified
in Sections 11054, 11055, 11056, 11057, or 11058 of the Health and
Safety Code; or
4.
Any
of the above substantive offenses as defined in the laws of any jurisdiction
other than the State of California;
C.
That
the applicant has not knowingly and with intent to deceive made false,
misleading or fraudulent statements of fact in the license application
or any other document required by the city in conjunction therewith;
D.
The
applicant has met all the requirements of this chapter;
E.
The
applicant has not had an escort service, massage establishment, nude
entertainment, outcall service activity, nude photo studio or similar
type of license or a permit suspended for one year or more, or revoked
for good cause within three years immediately preceding the date of
the filing of the application unless the applicant can show material
change in circumstances or mitigating circumstances exist since the
revocation or suspension.
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If one or more of the above described findings cannot be made,
the license shall be denied. In the event of denial, notifications
and reasons for denial shall be set forth in writing by the Chief
of Police and shall be sent to the applicant by means of registered
or certified mail or hand delivery. The denied applicant shall, at
his or her election, have the right to receive a hearing before the
City Manager pursuant to the provisions of this chapter. If such a
hearing is not requested within 10 days of the notice of denial by
the Chief of Police, the denial shall be final.
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(Ord. NS-388 § 1, 1997)
No license to conduct an escort service shall be granted unless an inspection by the city reveals that the proposed establishment from which the service is to be conducted complies with the minimum requirements set forth in Title 21, Chapter 21.42, Section 21.42.010 of this code.
(Ord. NS-388 § 1, 1997)
Every person issued an escort service license under the terms
of this chapter shall display the license in a conspicuous place so
that the same may be readily seen by persons entering the premises
from which the escort service is operated.
(Ord. NS-388 § 1, 1997)
No person licensed to do business as provided in this chapter
shall operate under any name or conduct his or her business under
any designation not specified in the person's license.
(Ord. NS-388 § 1, 1997)
All telephone numbers or listings of the escort service shall
be reported in writing to the Chief of Police within 10 days of the
telephone number becoming operative or inoperative.
(Ord. NS-388 § 1, 1997)
A change of location of a licensed escort service may be approved
by the Chief of Police; provided all applicable provisions of this
code are complied with and a change of location fee to be determined
by a resolution of the City Council to defray, in part, the costs
of investigation and inspection has been paid to city.
(Ord. NS-388 § 1, 1997)
If the owner of an escort service establishment is not acting as the manager of the establishment, and there is a change in managers, the new manager shall submit information required for an escort service application to the Chief of Police or agent within 30 days of becoming the new manager. The application information must be accompanied by an investigation fee pursuant to Section 5.17.050. No other license fee pursuant to this chapter shall be required due to a change in escort service managers if the manager is not the establishment owner.
(Ord. NS-388 § 1, 1997)
Upon the sale or transfer of any interest in an escort service,
the license for that establishment shall be null and void. A new application
shall be made by any person desiring to own or operate an escort service.
An application fee to be determined by a resolution of the City Council
shall be payable for each such application.
(Ord. NS-388 § 1, 1997)
Representatives of the city departments of building inspection,
housing, fire, police and health shall have the right to enter the
premises from time to time during regular business hours for the purpose
of making reasonable inspections to enforce compliance with building,
fire, electrical, mechanical, plumbing or health regulations. This
shall not restrict or limit the right of entry vested in any law enforcement
agency.
(Ord. NS-388 § 1, 1997)
It is unlawful for any person to engage in the business of acting
or act as an escort without an escort license issued pursuant to the
provisions of this chapter. Such persons when providing services as
an escort shall have the permit in his or her immediate possession
and shall exhibit the permit upon demand of any peace officer.
(Ord. NS-388 § 1, 1997)
A.
Any
person desiring to obtain a license to act as an escort shall make
application to the Chief of Police, or designated representative.
An annual nonrefundable fee shall accompany the submission of each
application to defray, in part, the cost of investigation and examination
as required by this chapter. An annual nonrefundable renewal fee shall
be charged to defray associated costs of investigation and enforcement.
B.
Each
applicant for a license to act as an escort shall furnish the following
information to the Chief of Police:
1.
The
full true name and any other names used by the applicant;
2.
The
present address and telephone number of the applicant;
3.
Each
residence and business address of the applicant for the three years
immediately preceding the date of the application, and the inclusive
dates of each such address;
4.
Written
proof that the applicant is at least 18 years of age;
5.
Applicant's
height, weight, color of eyes and hair;
6.
Two
photographs of the applicant of a size specified by the Chief of Police
taken within the last 30 days immediately preceding the date of application.
One photograph shall be retained by the Chief of Police and one photograph
shall be affixed to the license;
7.
Applicant's
business, occupation and employment history for the three years immediately
preceding the date of application;
8.
The
business or permit history of the applicant including whether such
applicant has ever had any business, professional or vocational license
or permit issued by an agency or board, city, county or state revoked
or suspended, and the reason therefor;
9.
All
criminal convictions, except traffic violations, and a statement of
the dates and places of such convictions;
10.
The establishment or business locations, if any, at which the applicant
expects to be employed;
11.
Such other identification and information as may be required in order
to discover the truth of the matters herein specified as required
to be set forth in the application;
12.
The Chief of Police may require the applicant to furnish fingerprints
when needed for the purpose of establishing identification;
13.
A certificate from a medical doctor, licensed to practice in the
State of California, stating that the applicant has within 30 days
immediately preceding the date of application been examined and had
no communicable disease on the date of the examination.
C.
The
Chief of Police shall have a reasonable time, not to exceed 60 days,
in which to investigate the application and background of the applicant.
D.
A permit
shall be issued within 60 days of receipt of the application to any
applicant who has furnished all of the information required by this
section of the application for such permit, unless:
1.
The
applicant has knowingly made a false or misleading statement of a
material fact or omission of a material fact in the application for
the permit; or
2.
The
applicant has within five years immediately preceding the date of
the filing of the application been convicted of any of the following
offenses: 315, 316, or subdivision (a) or (b) of Section 647 of the
California Penal Code, or when the prosecution accepted a plea of
guilty or nolo contendere to a charge of a violation of Section 415
of the California Penal Code in satisfaction of, or as a substitute
for, an original charge of a violation of Section 315, 316 or subdivision
(a) or (b) of Section 647 of the California Penal Code; any offense
which requires registration as a sex offender with the Chief of Police
under Penal Code Section 290; any offense in another state which if
committed in this state would have been punishable as one or more
of the heretofore mentioned offenses; any offense involving the use
of force or violence upon the person of another; any offense involving
theft, embezzlement, or moral turpitude; or any violation of a statute,
ordinance or regulation pertaining to the same or similar business
operational; or
3.
The
applicant has had an escort service, massage technician or establishment,
nude entertainment, outcall services activity, nude photo studio or
similar type of license or permit suspended for one year or more,
or revoked for good cause within three years immediately preceding
the date of the filing of the application, unless the applicant can
show material changes in circumstances or mitigating circumstances
exist since the revocation or suspension; or
4.
The
applicant is under 18 years of age.
E.
A license to act as an escort does not authorize the operation of an escort service. Any person obtaining a license to act as an escort who desires to operate an escort service must separately apply for a license therefor. A person who applies for a license to operate an escort service and who desires to act as an escort within said business, who pays the fee required by Section 5.17.050 of this chapter, shall not be required to pay the fee required in this section.
(Ord. NS-388 § 1, 1997)
All persons operating an escort service or acting as an escort
at the time this chapter becomes effective shall apply for an escort
service license or escort license, as described in this chapter, within
30 days of the effective date of the ordinance codified in this chapter.
(Ord. NS-388 § 1, 1997)
No person, association, partnership or corporation shall engage
in, conduct or carry on, or license to be engaged in, conducted or
carried on the operation of an escort service unless each and all
of the following requirements are met:
A.
Each
person employed or acting as an escort shall have a valid license
issued pursuant to the provisions of this chapter, and it shall be
unlawful for any owner, operator, responsible managing employee, manager
or licensee in charge of or in control of an escort service to employ
or permit any person to act as an escort who is not in possession
of a valid, unrevoked escort permit.
B.
The
possession of a valid escort service license does not authorize the
possessor to perform services for which an escort license is required.
C.
Every
owner, operator, responsible managing employee, manager or licensee
in charge of or in control of an escort service shall maintain 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 of said employee's escort permit;
2.
The
hours of employment of each employee for each day; and
3.
The
true identity of each patron as it appears on bona fide documentary
evidence of identity issued by a governmental agency, the city and
state of each patron's residence, hours of employment of escort service,
name of escort or employee providing escort services, location and
place where escort services took place, and fee charged.
D.
The
daily register shall at all times during the establishment's business
hours be subject to inspection by the police department and shall
be kept on file for one year on the premises.
E.
This
section is regulatory only within this chapter.
(Ord. NS-388 § 1, 1997)
No person who is a patron shall place or be cause to be placed
in the daily register a false name, or false city and state of that
patron's address.
(Ord. NS-388 § 1, 1997)
The Chief of Police may adopt rules and regulations supplemental
to the provisions of this chapter and not in conflict therewith.
(Ord. NS-388 § 1, 1997)
Any person who has been denied a license by the Chief of Police may request a hearing and appeal in accordance with the provisions set forth in Chapter 5.16, Sections 5.16.270 and 5.16.280.
(Ord. NS-388 § 1, 1997)
In the event that any person holding a license issued pursuant
to this chapter violates or causes or permits to be violated any of
the provisions of this chapter or any provision of any other ordinance
or law relating to or regulating escort services, or conducts or carries
on such business or occupation in an unlawful manner or in such manner
as to constitute a public nuisance, the City Manager may, in addition
to other penalties provided by ordinance, suspend or revoke the license
as follows:
A.
The
City Manager shall notify the licensee in writing of the intended
action and the reasons therefor, and of the right to request a hearing
in regard thereto;
B.
The
action indicated in the written notice shall be final unless the licensee
files a written request for hearing with the City Manager within 10
days of the notice;
(Ord. NS-388 § 1, 1997)
An addition to the legal remedies provided for in this code,
the operation of any escort service in violation of the terms of this
chapter is a public nuisance and may be enjoined by the city.
(Ord. NS-388 § 1, 1997)
Any person who violates any of the provisions of this chapter upon conviction is guilty of misdemeanor punishable as provided in Section 1.08.010.
(Ord. NS-388 § 1, 1997)
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this chapter.
The council declares that it would have adopted the chapter and each
section, subsection, sentence, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
(Ord. NS-388 § 1, 1997)
