It is the purpose and intent of the city council of the city
of San Bruno, by the adoption of this chapter, that the operation
of an escort bureau or introductory service, as defined in this chapter,
should be regulated for the protection of the public from the perils
of fire, hazard to health, and for the preservation of the peace and
welfare of the community.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
As used in this chapter:
"Escort"
means any person who, for pecuniary compensation:
1.
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 San
Bruno; or
2.
Escorts, accompanies or consorts with other persons in or about
any place of public or private resort or within any private quarters
located or situated within the city of San Bruno; or
3.
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 San Bruno.
"Escort bureau"
means any business, agency, or self-employed or independent
escort who, for pecuniary compensation, furnishes or offers to furnish
escorts.
"Introductory service"
means 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.
"Person"
means any natural person, firm, partnership, corporation
or association.
"Profit interest"
means any interest or share in the present or prospective
profit of an escort bureau or introductory service.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
It shall be 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 San Bruno, the activities of an escort bureau or
introductory service, unless there has been granted to such a person
a valid permit, pursuant to the provisions of this chapter. A separate
permit shall be required for each location within the city of San
Bruno at which an escort bureau or introductory service is to be established.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
The term of an escort bureau or introductory service permit,
unless sooner suspended or revoked, shall be for a period of one year.
Permits initially issued pursuant to this chapter shall expire on
the next following June 30th; and permit fees other than those associated
with initial investigatory costs, shall be prorated based upon the
ratio of the total number of months (or portion thereof) during which
the permit is issued divided by twelve. Permit renewals must occur
by or before June 30th of each calendar year.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
An escort bureau or introductory service 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 chief of police made at least ninety days prior to the June 30th expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required by Section
4.68.070 of this chapter and shall be processed in accordance with the provisions of this chapter.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
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. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
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 chief of police or his or her designated representative. Prior
to submitting such application for a permit or renewal of a permit,
a non-refundable fee, as established by resolution of the city council,
shall be paid to the department of finance to defray, in part, the
cost of the investigation and reporting required by this chapter.
The department of finance 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 chief of police at the time such application
is filed. Permit issuance or renewal fees required under the 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 conducting
of an escort bureau or introductory service until such permit has
been granted or renewed.
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
full true name under which the business will be conducted;
3. The
full true name and any other names presently or previously 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 eighteen years of age;
8. The
applicant's height, weight, color of eyes and hair and date of birth;
9. Two
full face photographs of the applicant of one inch by one inch exact
size, taken within sixty days prior to the filing of the application,
in the manner and form determined by the chief of police;
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 previous
escort service or introductory service applications for operating
in this or any other city, county, state, or territory, and whether
the applicant has ever had any similar license or permit issued by
such agency 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 arrests suffered by the applicant, including ordinance
violations but excepting minor traffic offenses (any traffic offense
designated as a felony shall not be construed as a minor traffic offense),
stating the date, place, nature and sentence of each such conviction
and/or all conduct the applicant has engaged in constituting any such
offense;
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 five percent
or more of the stock in the corporation. If the applicant is a partnership,
the applicant shall set forth the names, residence addresses and dates
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
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 shall 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 definition and description of all service(s) offered or available
through the service or bureau;
16. The true names and residential addresses of all persons employed
or intended to be employed as escorts;
17. Such other identification and/or information as the chief of police
may require in order to discover the truth of the matters required
to be set forth in the application.
D. The applicant, if a natural person, 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 San Bruno 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 subsection
C of this section.
E. The
chief of police may require the applicant, if a natural person, 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.
F. When any change occurs regarding the written information required by subsection
C of this section to be included in the application, the applicant or permit holder, as the case may be, shall give written notification of such change to the chief of police within twenty-four hours after such change.
G. The
chief of police shall have a reasonable period of time in which to
investigate the application and background of the applicant. The chief
of police, or his or her representative, shall, within sixty days
after the date of the filing of the application, render a written
determination as to approval or denial of the application for the
permit or renewal thereof.
H. Upon
rendering of a written determination, the chief of police 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 has fully cooperated in the investigation of the application;
5. The
applicant if an individual; or any of the directors, officers, or
stockholders holding five percent or more 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 a natural person employed
or contracted with to be an escort or to provide escort services;
has not been convicted or pleaded nolo contendere or guilty, nor has
engaged in conduct constituting a misdemeanor or felony crime of moral
turpitude or a misdemeanor or felony crime involving sexual misconduct
including, but not limited to, all offenses listed in
Penal Code Section
290,
Penal Code Sections 311.2 through 311.7,
Penal Code Sections
314 through 318, and subsections (a), (b), (c), (d) or (h) of Section
647 of the
Penal Code, or any offenses involving pimping, pandering,
prostitution or lewd conduct; or has permitted, through an act of
omission or commission, his or her employee or agent to engage in
any type of moral turpitude or sexual misconduct offense, whether
misdemeanor or felony. (Under such circumstances, the conduct of the
employee or agent, if such resulted in a conviction or a plea of nolo
contendere or guilty, will be considered imputed to the principal
and shall be grounds for permit denial);
6. The
applicant has not had an escort bureau, introductory service or escort
permit or other similar license or permit denied, suspended or revoked
for cause by the city of San Bruno or any other city or county located
in or out of this state within the five year period immediately preceding
the date of the filing of the application;
7. The
escort bureau or introductory service, as proposed by the applicant,
would comply with all applicable city of San Bruno, county and state
laws, including, but not limited to, health, zoning, fire and safety
requirements and standards; and
8. The
applicant, manager or other person principally in charge of the operation
of the business is at least eighteen years of age.
I. If the
chief of police does not find that all of the requirements set forth
in subsections (H)(1) through (8) 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 chief of police, 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 and addressed
to the applicant at the residence 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 chief of police, may appeal such denial to
the city council.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
A. No holder
of an escort bureau or introductory service permit shall employ as
an escort any person under eighteen 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 eighteen years of
age, except at the special insistence 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. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
It shall be unlawful for any person to act as an escort unless
there has been granted 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 San Bruno pursuant to the provisions of this chapter.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
The term of an escort permit, unless sooner suspended or revoked,
shall be for a period of one year.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
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 made at least ninety days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required in Section
4.68.130 of this chapter, and shall be processed in accordance with the provisions of this chapter.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
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 chief of police, any escort permit
issued by the city of San Bruno upon the suspension, revocation, or
expiration of such permit, or upon leaving employment as an escort.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
A. Any
person desiring to obtain a permit, or renewal of an existing permit,
to act as an escort, shall make application to the chief of police
or his or her designated representative. Prior to submitting such
application for a permit or renewal of a permit, a non-refundable
fee, as established by resolution of the city council, shall be paid
to the police department to defray, in part, the cost of the investigation
and report required by this chapter. The police department shall issue
a receipt showing that such permit application or renewal fee has
been paid. Permit 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
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 subsections (C)(1) through (12) of Section
4.68.070, and shall, in addition, furnish the following information:
1. A
certificate from a medical doctor licensed to practice in the state
of California, stating that the applicant has within thirty days immediately
preceding the date of the application been examined and found to be
free of any contagious or communicable disease;
2. 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 San Bruno, 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
3. Such
other identification and information as the chief of police may require
in order to discover the truth of the matters required to be set forth
in the application.
D. The
chief of police may require the applicant to appear in person at the
police department in order to be photographed and fingerprinted.
E. The
chief of police shall have a reasonable period of time in which to
investigate the application and background of the applicant. The chief
of police, or his or her representative, shall, within sixty days
after the date of the filing of the application, render a written
determination as to approval or denial of the application for the
permit or renewal thereof.
F. Upon rendering of a written determination, the chief of police, shall grant the permit, or renewal thereof, only if he or she finds that all of the requirements of subsections (H)(1) through (4) of Section
4.68.070 have been met, and, in addition, if he or she finds that the following additional requirements have been met:
1. The
applicant has furnished an acceptable medical certificate in compliance
with subsection (C)(1) of this section.
2. 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 San Bruno or any other city or county located
in or out of this state within the five years immediately preceding
the date of the filing of the application;
3. The
applicant is at least eighteen years of age.
4. The
applicant has not been convicted or pleaded nolo contendere or guilty,
nor has the applicant engaged in conduct constituting a misdemeanor
or felony crime of moral turpitude or a misdemeanor or felony crime
involving sexual misconduct including, but not limited to, all offenses
listed in
Penal Code Section 290,
Penal Code Sections 311.2 through
311.7,
Penal Code Sections 314 through 318, and subsections (a), (b),
(c), (d), or (h) of Section 647 of the
Penal Code, or any offenses
involving pimping, pandering, prostitution or lewd conduct.
G. If the chief of police does not find that all of the requirements set forth in subsection
F of this Section
4.68.130 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 chief of police, 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 and addressed to the applicant at his or her residence address as set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort permit, or renewal thereof, has been denied by the chief of police, may appeal such denial to the city council.
H. When any change occurs regarding the written information required by subsection
C of Section
4.68.070, the applicant or permit holder, as the case may be, shall give written notification of such change to the chief of police within twenty-four hours after such change.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
No holder of an escort permit shall escort, offer to escort
or perform any activity described in this chapter to any person under
eighteen years of age, except at the special insistence 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. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
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. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
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
chief of police provided all requirements of this chapter and all
ordinances and regulations of the city of San Bruno are complied with
and a change of location fee as established by resolution of the city
council is deposited with the department of finance. 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. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
Any person violating any provision of this chapter shall be guilty of a misdemeanor and is punishable as set forth in Chapter
1.28 of this code. Revocation or suspension of a permit issued under this chapter shall not be a defense against prosecution.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
If the chief of police finds that any person holding an escort bureau or introductory service permit or escort 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 subsection
H of Section
4.68.070, or if the chief of police 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 subsection
F of Section
4.68.070, 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 pursuant to this chapter. Notification of the permit holder shall be made either by personal delivery or by first class United States mail, addressed to the permit holder at such permit holder's residence 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 city council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
Any escort bureau or introductory service 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 may, in addition to or in lieu of prosecuting
a criminal action hereunder, 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 introductory service contrary to the provisions of
this chapter.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
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 chapter into law. All such persons and businesses shall
have sixty days from said effective date to comply with the provisions
of this chapter.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)
A. Whenever
the chief of police shall deny, suspend or revoke an application for
an escort bureau or introductory service permit or for an escort permit,
he or she shall notify the applicant or permittee in writing by either
personal delivery or by first class United States mail addressed to
the applicant or permittee at the address listed in the respective
application, or at any more recent address furnished to him or her
by the applicant or permittee. The notice shall state that the application
has been denied or that the licensee or permittee has been suspended
or revoked and the grounds for the action. The notice shall further
state that the applicant or permittee shall have the right to appeal
the action to the city council by filing a notice of appeal with the
city clerk no later than ten city working days from the date of the
notice of denial.
B. A notice
of any appeal shall be filed with the city clerk not later than ten
city business days from the date of notice of denial, suspension or
revocation of the application, license or permit, failing in which
the action of the chief of police shall become final and conclusive.
If a notice of appeal is timely filed, accompanied by payment of an
appeal fee in an amount established by resolution of the city council,
the city clerk shall schedule the matter for hearing before the city
council. The city clerk shall provide at least ten city business days
notice of the date, time, and place of the hearing to the party appealing
and the chief of police.
(Ord. 1473 § 1, 1987; Ord. 1878 § 4, 2020)