It is unlawful for any person to operate, engage in, conduct
or carry on, or permit to be operated, engaged in, conducted or carried
on (as the owner of the business premises or in any other capacity)
in or upon any premises within the city of Burlingame, the business
of a model studio, escort bureau, introductory service, or to be employed
as an escort as defined herein, unless a permit has first been obtained
from the police department of the city and remains in effect in accordance
with the provisions of this chapter.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means a person who for pecuniary compensation or any consideration
escorts or accompanies others to, from or about social affairs, entertainments,
places of public assembly or places of amusement, or who may consort
with others, for hire or reward, about any place of public or private
resort or within any private quarters.
means any business or agency which, for pecuniary compensation
or any consideration furnishes, or offers to furnish, escorts or persons
who accompany others to, from or about social affairs, entertainments,
places of public assembly or places of amusement, or who consorts
with others, for hire or reward, about any place of public or private
resort or within any private quarters.
means any person, male or female, who poses to be observed,
viewed, sketched, painted, drawn, sculptured, photographed or otherwise
similarly depicted.
means a service offered or performed for any pecuniary compensation
or other consideration by any person, the principal purpose of which
is to aid individuals to become socially acquainted or to otherwise
assist individuals to meet for social purposes, or which service is
generally known by the offering or performing party to be used by
the recipients thereof for the purpose of obtaining information about
others to be used for social purposes.
means:
Any premises on which there is conducted the business of furnishing
figure models who pose for the purpose of being observed or viewed
by any person or being sketched, painted, drawn, sculptured, photographed
or otherwise similarly depicted for persons who pay a fee, or other
consideration or compensation, or a gratuity, for the right of opportunity
so to depict the figure model, or for admission to, or for permission
to remain upon, or as a condition of remaining upon the premises.
Any premises where there is conducted the business of providing
or procuring for a fee or other consideration or compensation or gratuity,
figure models to be observed or viewed by any person or to be sketched,
painted, drawn, sculptured, photographed or otherwise similarly depicted.
The words "model studio" do not include:
Any studio which is operated by any state college, or public
community college or school wherein the persons, firm, association,
partnership or corporation operating it has met the requirements established
in Division 21 of theEducation Code for the issuance or conferring
of, and is in fact authorized thereunder to issue and confer, a diploma
or honorary diploma.
Any premises where there is conducted the business of furnishing,
providing or procuring figure models solely for any studio described
in paragraph (a) of this subsection.
Escort bureau or introductory service does not mean the lawful
business of an employment agency licensed under the laws of the state
of California.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
If the applicant is a corporation, the name of the corporation
shall be set forth exactly as shown in its articles of incorporation
together with the names and residence addresses of each of the officers,
directors and each stockholder holding more than 10% of the stock
of the corporation. The information hereinafter required shall be
provided for each officer of the corporation. If the applicant is
a partnership, the information hereinafter required shall be supplied
for each of the partners, including limited partners. If one or more
of the partners is a corporation, the provisions above pertaining
to a corporate applicant apply.
(Ord. 1484 § 2, (1993))
Any person desiring a permit to operate a model studio, escort
bureau, introductory service, or to be employed as an escort shall
first make application therefor for permit under this chapter by filing
with the license collector a sworn application in writing on a form
to be furnished by the license collector which shall give the following
information; an operator-escort may make a single application and
pay a single fee:
(a)
Name,
residence, and telephone number;
(b)
The
previous address of the applicant for the five years immediately prior
to the present address of the applicant;
(c)
Social
security number and driver's license number if any;
(d)
Birth
certificate or other written proof acceptable to the police department
that the applicant is at least 18 years of age;
(e)
Fingerprints
(taken by the police department for criminal history investigation)
and three portrait photographs at least two inches by two inches,
taken within the last 60 days immediately prior to the date of the
filing of the application, which photographs shall show the head and
shoulders of the applicant in a clear and distinct manner;
(f)
Applicant's
height, weight, color of eyes and hair;
(g)
Business,
occupation or employment of the applicant for the five years immediately
preceding the date of application;
(h)
The
business license history of the applicant; whether such person, in
previously operating in this or another city or state, under license
or permit has had such license or permit revoked or suspended, the
reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation;
(i)
Whether
such person has ever been convicted of any crime, except misdemeanor
traffic violations. If any person mentioned in this subsection has
been so convicted, a statement must be made giving the place and court
in which such conviction was had, the specific charge under which
the conviction was obtained and the sentence imposed as a result of
such conviction;
(j)
If
the application is for an escort permit, the name and address of the
establishment were the applicant is to be employed and the name of
the operator of the same;
(k)
Whether
any person while employed by the applicant has been convicted in a
court of competent jurisdiction of an offense involving conduct which
requires registration under California Penal Code subsection 290,
or a violation of subsections 266(i), 311 through 311.7, 314, 315,
316, 318 or 645(a), (b);
(l)
Such
other identification and information necessary to discover the truth
of matters hereinbefore specified as required to be set forth in the
application;
(m)
The
application will also include a separately signed waiver and release
authorizing the city of Burlingame, its agents, and employees to seek
information and to conduct an investigation into the truth of the
statements made on the application.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
All applications for initial permits shall be accompanied by
a filing and investigation fee as established by resolution adopted
by the city council from time to time, no part of which shall be refundable.
Additional fees may be charged to cover costs of processing the applicant's
fingerprints by the State of California. Upon receipt of an operator's
application, the license collector shall refer the application to
the director of community development, building official, the fire
department, the police department and health officer, each of which
within a period of 30 days from the date of filing the application
shall inspect the premises proposed to be used as a model studio and
shall make a written recommendation to the police department provided
that said 30 days may be extended for such period as may be necessary
to obtain fingerprint records from the appropriate state agency. Escort
applications shall only be referred to the police department.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993); Ord. 1806 § 6, (2007); Ord. 1823 § 11, (2008))
At the time of application for a permit to operate, applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code. No business license shall be issued until the investigation is completed and the permit to operate is approved. The business license shall be issued upon payment of the business license fee as provided in Chapter 6.04 of this code.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
Upon receipt of the investigation reports from each of the departments
to whom the application has been referred, the police department shall
issue such permit if all required information has been furnished and
the reports filed find that:
(a)
The
character and responsibility of the applicant is satisfactory;
(b)
If
the application is for an operator's permit, the operation of the
establishment as proposed would comply with all applicable laws, including,
but not limited to, the city's building, fire, health and zoning regulations;
(c)
The
applicant has not been convicted in a court of competent jurisdiction
of an offense involving conduct which requires registration under
California Penal Code Section 290, or violations of Sections 311 through
311.7, 314, 315, 316, 318 or 647(a), (b), (d) or (h) of the Penal
Code;
(d)
The
applicant has not been convicted of the use of force and violence
upon another;
(e)
The
applicant has not knowingly and with intent to deceive made any false,
misleading or fraudulent statements of facts in his or her application
or any other documents required by the city to be submitted in conjunction
with the application.
|
The permit shall be denied if all of the above findings cannot
be made or if all of the information required is not supplied to the
city. If denied, the reasons therefor shall be endorsed upon the application,
and the police departmentshall notify the applicant of the disapproval
with a copy of the application upon which the reasons have been endorsed
by first class mail.
|
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
In the event a permit has been denied, applicant shall have
10 days from the date of mailing the notice within which to appeal
to the city council by filing a written application for a public hearing
with the clerk of the city. Notice and a public hearing shall be given
as follows:
(a)
Upon
receipt of the appeal, the city clerk shall set the matter for hearing
before the council, at a regular meeting thereof, within 30 days from
the date of filing the appeal, and shall give written notice of such
hearing to the applicant at his or her address set forth in the appeal
by first class mail at least 10 days prior thereto.
(b)
On
the date set, the council shall hear the matter, and may continue
it from time to time before reaching a decision. If the council finds
that the applicant has satisfactorily met all of the requirements
of this chapter, it shall order the issuance of the permit and the
business license. If it finds that the requirements have not been
met satisfactorily, it shall deny the permit and license.
(c)
All
findings of the council shall be final and conclusive upon the applicant.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
The following regulations shall be applicable to model studios:
(a)
Advertising and Signs. No person granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed, any sign or other advertising matter that describes or depicts any portion of the human body in a manner, or with the use of descriptive language, which would reasonably suggest to prospective patrons that any service is available other than those services described in Section 6.41.020 of this chapter.
(b)
Hours.
A person shall not conduct or operate a model studio between the hours
of 12:00 p.m. and 10:00 a.m. of the following day.
(c)
Supervision.
A person operating a model studio, or a manager previously fingerprinted
and approved by the police department, shall be present on the premises
at all times when the establishment is in operation.
(d)
Visibility.
A person operating a model studio shall not permit conditions to exist
wherein the interior of the said model studio shall be visible from
the outside of the premises.
(e)
Records.
A person operating a model studio shall maintain a current file of
all figure models employed by him or her or using the premises. This
file shall contain true name and aliases used by the figure model,
age, birth date, height, weight, color of hair and eyes, home address,
phone numbers, Social Security number and the date of employment and
termination. Inactive file cards shall be maintained on the premises
for the period of one year following termination. Such person shall
make all records available immediately upon demand of any peace officer.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
The permittee shall maintain a duplicate record of every transaction
whereby any escort is employed or engaged, or whereby any introductions
are arranged for or on behalf of any patron, customer or person. The
duplicate of such record shall be filed with the police department
within 24 hours after such transaction and 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.
(Ord. 1484 § 2, (1993))
The investigating officials of the city, including the health
officer, shall have the right to enter the premises from time to time
during regular business hours for the purpose of making reasonable
inspections to observe and enforce compliance with building, fire,
electrical, plumbing or health regulations.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
Upon sale, transfer or relocation of a model studio, the permit and business license shall not be transferable without the written approval of the license collector. An application for such change shall be accompanied by a nonrefundable filing and investigation fee as established by resolution adopted by the city council from time to time and provide all of the information required in Section 6.41.030.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993); Ord. 1823 § 12, (2008))
Any permit issued under this chapter shall be subject to suspension
or revocation by the city manager for violation of, or for causing
or permitting violation of, any provision of this chapter or for any
grounds that would warrant the denial of such permits in the first
instance.
Prior to the suspension or revocation of any permit issued under
this chapter, the permittee shall be entitled to a hearing before
the city manager or his or her designated representative, at which
time evidence will be received for the purpose of determining whether
or not such permit shall be suspended or revoked or whether the permit
may be retained. In the event the permit is suspended or revoked,
the notification of and reasons for such suspension or revocation
shall be set forth in writing and sent to the permittee by means of
first class mail.
In the event of suspension or revocation of any permit, the permittee may appeal to the city council in the same manner as provided in Section 6.41.070.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
All persons granted permits pursuant to this chapter shall report
immediately to the license collector all changes of address, or change
of ownership of the establishment. Failure to give such notice within
15 days of the event shall render the permit null and void.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993))
Every permit shall be renewed annually, no less than 90 days
prior to the anniversary date of its issuance. Any permit not renewed
shall be null and void on such anniversary date. The filing and investigation
fee for renewals shall be as established by resolution adopted by
the city council from time to time, no part of which is refundable.
Additional fees may be charged to cover costs such as processing fingerprints.
Prior to permit renewal being granted, the permittee must:
(a)
Provide
a new photograph and current information concerning any changes to
the facts set forth in the application;
(b)
Obtain clearance from the police department signifying that the licensee has had no arrests or convictions for violations of those penal code sections listed in Section 6.40.080(a)(3)6.40.080(a)(3) of this code since the permit was issued or last renewed.
(Ord. 993 § 1, (1973); Ord. 1484 § 2, (1993); Ord. 1823 § 13, (2008))
