For the purpose of this chapter, certain words and phrases shall
be construed herein as set forth in this section, unless it is apparent
from the context that a different meaning is intended.
Any person who, for pecuniary compensation:
Escorts, accompanies or consorts with other persons to, from
or about social affairs, entertainments, places of public assembly
or places of amusement located or situated within the City of Santa
Barbara; or
Escorts, accompanies or consorts with other persons in or about
any place or public or private resort or within any private quarters
located or situated within the City of Santa Barbara; or
Escorts, accompanies or consorts with other persons in or about
any business or commercial establishment, or part or portion thereof,
located or situated within the City of Santa Barbara.
Any business, agency or self-employed or independent escort
who, for pecuniary compensation, furnishes or offers to furnish escorts.
A service offered or performed by any person for pecuniary
compensation, the principal purpose of which is to aid persons to
become socially acquainted or to otherwise assist persons to meet
for social purposes, or which service is generally known or should
be known by the offering or performing party to be used by the recipients
thereof for the purpose of obtaining information about other persons
to be used for social purposes.
A any commission, fee, gratuity, hire, profit, reward, or
any other form of consideration.
Any interest or share in the present or prospective profit
of an escort bureau or introductory service.
(Ord. 4127, 1981)
It is unlawful for any person to engage in, conduct or carry
on, in or upon any premises or real property located or situated within
the City of Santa Barbara, the activities of an escort bureau or introductory
service, unless there has been granted to such person a valid permit,
pursuant to the provisions of this chapter. A separate permit shall
be required for each location within the City of Santa Barbara at
which an escort bureau or introductory service is to be established.
(Ord. 4127, 1981)
The term of an Escort Bureau, Introductory Service or Escort
Permit, unless sooner suspended or revoked, shall be for a period
of one year.
(Ord. 4127, 1981)
An Escort Bureau, Introductory Service or Escort Permit, issued
pursuant to the provisions of this chapter, which has not been suspended
or revoked, may be renewed for a period of not to exceed one year
on written application to the Police Chief made at least 90 days prior
to the expiration date of the current valid permit.
(Ord. 4127, 1981)
The requirements of this chapter shall have no application and
no effect upon and shall not be construed as applying to a person
in the lawful business of an employment agency licensed under the
laws of the State of California.
(Ord. 4127, 1981)
A.
Any
person desiring to obtain a permit, or renew an existing permit, to
operate an escort bureau or an introductory service, shall make application
to the Police Chief or his or her designated representative. Prior
to submitting such application for a permit or renewal of a permit,
a nonrefundable fee shall be paid to the Finance Department. The Finance
Department shall issue a receipt showing that such application or
renewal fee has been paid. The receipt, or a copy thereof, shall be
supplied to the Police Chief at the time such application is filed.
Permit issuance or renewal fees required under this chapter shall
be in addition to any license, permit or fee required under any other
chapter of this code.
B.
Neither
the filing of an application for a permit or renewal thereof, nor
payment of an application or renewal fee, shall authorize the operation
of an escort bureau or introductory service until such permit has
been issued by the Police Chief.
C.
Each
applicant for an Escort Bureau or Introductory Service Permit, or
renewal thereof, shall furnish the following information:
1.
The
present or proposed address where the business is to be conducted;
2.
The
name under which the business will be conducted;
3.
Any
other names used by the applicant;
4.
The
present residence and business addresses and telephone numbers of
the applicant;
5.
Each
residence and business address of the applicant for the five year
period immediately preceding the date of filing of the application
and the inclusive dates of each such address;
6.
California
driver's license or identification number and social security number
of the applicant;
7.
Acceptable
written proof that the applicant is at least 18 years of age;
8.
The
applicant's height, weight, color of eyes and hair and date of birth;
9.
Two
photographs of the applicant, at least two inches by two inches in
size, taken within the six month period immediately preceding the
date of the filing of the application;
10.
The business, occupation or employment history of the applicant for
the three year period immediately preceding the date of the filing
of the application;
11.
The permit history of the applicant, for the five year period immediately
preceding the date of the filing of the application, including whether
such applicant, in previously operating in this or any other city,
county, state, or territory, has ever had any similar license or permit
issued by such entity revoked or suspended, or has had any professional
or vocational license or permit revoked or suspended, and the reason
or reasons therefor;
12.
All criminal convictions of the applicant, including ordinance violations
but excepting minor traffic offenses, stating the date, place, nature
and sentence of each such conviction;
13.
If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its articles of incorporation or
charter, together with the state and date of incorporation, and the
names, residence addresses, and dates of birth of each of its current
officers and directors, and each stockholder holding more than five
percent of the stock in the corporation. If the applicant is a partnership,
the applicant shall set forth the name, residence address and date
of birth of each of the partners, including limited partners and profit
interest holders. If the applicant is a limited partnership, the applicant
shall furnish a copy of the certificate of limited partnership as
filed with the County Clerk. If one or more of the partners is a corporation,
the provisions of this subsection pertaining to corporations shall
also apply. The corporation or partnership applicant shall designate
one of its officers or general partners to act as its responsible
managing officer. Such designated person shall complete and sign all
application forms required of an individual applicant under this chapter,
but only one application fee will be charged;
14.
In the event the applicant is not the owner of record of the real
property upon which the escort bureau or introductory service is or
is to be located, the application must be accompanied by a notarized
statement from the owner of record of the property acknowledging that
an escort bureau or introductory service is or will be located on
the property. In addition to furnishing such notarized statement,
the applicant shall furnish the name and address of the owner of record
of the property, as well as a copy of the lease or rental agreement
pertaining to the premises in which the escort bureau or introductory
service is or will be located;
15.
A description of the service to be provided;
16.
The true name and residential address of all persons employed or
intended to be employed as escorts;
17.
Such other identification and information as the Police Chief may
reasonably require.
D.
The
applicant, if an individual, or a designated responsible managing
officer if the applicant is a partnership or corporation, shall personally
appear at the Police Department of the City of Santa Barbara and produce
proof that the required application or renewal fee has been paid and
shall present the application containing the information and supporting
documentation required by the Police Chief.
E.
The
Police Chief may require the applicant, if an individual, or the designated
responsible managing officer if the applicant is a partnership or
corporation, to appear in person at the Police Department in order
to be photographed and fingerprinted.
G.
The
Police Chief, or his or her representative, shall, within 60 days
after the date of the filing of the application, render a written
decision, as to approval or denial of the application for the permit
or renewal thereof.
H.
The
Police Chief shall grant the permit, or renewal thereof, only if he
or she finds that all of the following requirements have been met:
1.
The
required fees have been paid;
2.
The
application conforms in all respects to the provisions of this chapter;
3.
The
applicant has not knowingly made a material misrepresentation of fact
in the application;
4.
The
applicant, if an individual; or any of the directors, officers, or
stockholders holding more than five percent of the stock of the corporation;
or any of the partners, including limited partners, the holder of
any lien of any nature or profit interest holder, manager or other
person principally in charge of the operation of the existing or proposed
escort bureau or introductory service; or an individual employed or
contracted with to be an escort or to provide escort services; has
not been convicted or found guilty in a court of competent jurisdiction
by final judgment within the last five years of an offense involving:
5.
The
escort bureau or introductory service, as proposed by the applicant,
would comply with all applicable City of Santa Barbara, county and
state laws, including, but not limited to, health, zoning, fire and
safety requirements and standards; and
6.
The
applicant, manager or other person principally in charge of the operation
of the business is at least 18 years of age.
I.
If the Police Chief does not find that all of the requirements set forth in subsection H of this section have been met, he or she shall deny application for the permit or renewal thereof. In the event the application for the permit or renewal thereof is denied by the Police Chief, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if in fact it is personally served on the applicant or when deposited in the United States mail with the postage prepaid and addressed to the applicant at an address set forth in the application for the permit or renewal thereof. Any applicant whose application for an Escort Bureau or Introductory Service Permit, or renewal thereof, has been denied by the Police Chief, may appeal such denial to the Board of Fire and Police Commissioners.
(Ord. 4127, 1981)
A.
No holder
of an Escort Bureau or Introductory Service Permit shall employ as
an escort any person under 18 years of age.
B.
No holder
of an Escort Bureau or Introductory Service Permit shall furnish any
escort or introductory service to, or accept employment from any patron,
customer or person to be escorted, who is under 18 years of age, except
at the special instance and request of a parent, guardian or other
person in lawful custody of the person upon whose behalf the escort
or introductory service is engaged.
(Ord. 4127, 1981)
It is unlawful for any person to act as an escort unless there
has been provided to such person a valid permit, pursuant to the provisions
of this chapter. Such permit shall be issued to the address of the
employer of the escort, who must in turn also hold a valid Escort
Bureau or Introductory Service Permit issued by the City of Santa
Barbara pursuant to the provisions of this chapter.
(Ord. 4127, 1981)
Each escort permit holder shall be issued an identification
card which will also serve as an Escort Permit. The permit holder
shall carry such card upon his or her person when acting as an escort
and produce the same for inspection upon request. Each permit holder
shall immediately surrender, to the Police Chief, any Escort Permit
issued by the City of Santa Barbara upon the suspension, revocation,
or expiration of such permit, or upon leaving employment as an escort.
(Ord. 4127, 1981)
A.
Any
person desiring to obtain a permit, or renewal of an existing permit,
to act as an escort, shall make application to the Police Chief or
his or her designated representative. Prior to submitting such application
for a permit or renewal of a permit, a nonrefundable fee shall be
paid to the Finance Department. The Finance Department shall issue
a receipt showing that such permit application or renewal fee has
been paid. The receipt, or a copy thereof, shall be supplied to the
Police Chief at the time such application is filed. Permit fees required
under this chapter shall be in addition to any license, permit or
fee required under any other section of this code.
B.
Neither
the filing of an application for a permit, or renewal thereof, nor
the payment of an application or renewal fee, shall authorize a person
to act as an escort until such permit has been granted or renewed.
C.
Each applicant for an Escort Permit, or renewal thereof, shall furnish the information required by paragraphs C.1 through 12 of Section 9.39.060 and shall, in addition, furnish the following information:
1.
Satisfactory
evidence that the applicant is employed, or has been offered employment,
by an escort bureau or introductory service holding a valid permit
issued by the City of Santa Barbara, including the name and address
of the employer or prospective employer and the fact that such employment
or continued employment is contingent upon the issuance of said permit;
and
2.
Such
other identification and information as the Police Chief may reasonably
require.
D.
The
Police Chief may require the applicant to appear in person at the
Police Department in order to be photographed and fingerprinted.
E.
The
Police Chief, or his or her representative, shall, within 60 days
after the date of the filing of the application, render a written
approval or denial of the application for the permit or renewal thereof.
F.
The Police Chief shall grant the permit, or renewal thereof, only if he or she finds that all of the requirements of paragraphs H.1 through 3 of Section 9.39.060 have been met, and, in addition, if he or she finds that the following additional requirements have been met:
1.
The
applicant has not had an Escort Bureau, Introductory Service or Escort
Permit or other similar license or permit denied or suspended or revoked
for cause by the City of Santa Barbara or any other city or county
located in or out of this state within the one year immediately preceding
the date of the filing of the application;
2.
The
applicant is at least 18 years of age;
3.
The
applicant has not been convicted or found guilty in a court of competent
jurisdiction by final judgment within the last five years of any offense
referred to in Section 9.39.060.H.4.
G.
If the Police Chief does not find that all of the requirements set forth in subsection F above have been met, he or she shall deny the application for the permit or renewal thereof. In the event the application for the permit, or renewal thereof, is denied by the Police Chief, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at an address as set forth in the application for an Escort Permit, or renewal thereof. Any applicant whose application for an Escort Permit or renewal thereof has been denied by the Police Chief, may appeal such denial to the Board of Fire and Police Commissioners.
(Ord. 4127, 1981)
No holder of an Escort Permit shall escort, offer to escort
or perform any activity described in this chapter to any person under
18 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 or introductory service is engaged.
(Ord. 4127, 1981)
Upon the sale or transfer of any interest in an escort bureau
or introductory service, the permit shall immediately become null
and void. A new application shall be made by any person, firm or entity
desiring to own or operate the escort bureau or introductory service.
A fee as established by resolution of City Council shall be payable
for each such application. Any application involving the sale or other
transfer of any interest in an existing escort bureau or introductory
service, as well as any permit which may thereafter be granted, shall
be subject to the provisions of this chapter.
(Ord. 4127, 1981)
A.
A change
of location of any premises or real property where a permitted escort
bureau or introductory service is conducted may be approved by the
Police Chief provided all requirements of this chapter and all ordinances
and regulations of the City of Santa Barbara are complied with and
a change of location fee as established by resolution of the City
Council is deposited with the Finance Department. Application for
such change shall be made within three days of such change.
B.
No permit
holder shall operate an escort bureau or introductory service under
any name or designation not specified in the permit.
(Ord. 4127, 1981)
Every escort bureau and introductory service shall maintain
a record of every transaction whereby any escort is employed or engaged,
or whereby any introductions are arranged for on behalf of any patron,
customer or person. Such record shall include the following information:
A.
The
date and hour of the transaction;
B.
The
name, address and telephone number of the patron, customer or person
requesting or employing the escort bureau or introductory service;
and
C.
The
name of the escort furnished or other persons who were introduced
or arranged to be introduced. Such records shall be made available
to law enforcement officers, upon request, for inspection, review
and copying.
(Ord. 4127, 1981)
If the Police Chief finds that any person holding an Escort
Bureau or Introductory Service Permit under the provisions of this
chapter has violated any of the provisions of this chapter or conducts
such business in such a manner as would have been grounds for denial
of a permit as set forth in Section 9.39.060.H, or if the Police Chief
finds that any person holding an Escort Permit is engaging in behavior
or actions which violate any of the provisions of this chapter or
which would have been grounds for denial of a permit as set forth
in Section 9.39.100.F, he or she may suspend or revoke the permit.
No such suspension or revocation shall become effective until the
permit holder has been notified in writing of the right of such permit
holder to appeal the suspension or revocation. Notification of the
permit holder shall be made either by personal delivery or by certified
or registered mail, return receipt requested, addressed to the permittee
at such permittee's address as set forth on the application for a
permit or renewal thereof. If a timely appeal is filed, the suspension
or revocation shall be stayed and shall become effective only upon
decision of the Board of Fire and Police Commissioners. Otherwise
the suspension or revocation shall become effective after the appeal
period has expired.
(Ord. 4127, 1981)
Fees for applications, permits and appeals under this chapter
shall be established by resolution of the City Council. The fees for
applications shall be established to defray, in part, the costs of
investigations and reports required under this chapter.
(Ord. 4127, 1981)
A.
Time
to Appeal. Any written decision of the Police Chief under this chapter
may be appealed to the Board of Fire and Police Commissioners, but
such an appeal must be filed with the Clerk of the Board of Fire and
Police Commissioners within 10 days after notice of the decision is
personally delivered or mailed to the applicant or permittee and must
be accompanied by an appeal fee.
B.
Notice.
The applicant or permittee shall be given notice of a hearing at least
10 days prior to the hearing. Such notice shall be served when it
is personally delivered to the applicant or permittee or it is deposited
in the United States mail with postage prepaid and addressed to the
applicant or permittee.
(Ord. 4127, 1981)
