As used in this chapter, the following words, terms or phrases set forth below shall have the following meanings:
A. 
“Escort”
means any person, whether self-employed, or employed by or under contract with an escort bureau or introductory service who, on any occasion, for pecuniary compensation or any other consideration of any kind whatsoever, 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.
B. 
“Escort bureau”
means any business or agency which, on any occasion, for pecuniary compensation or any other consideration of any kind whatsoever, 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 may consort with others, for hire or reward, about any place of public or private resort, or within any private quarters.
C. 
“Escort bureau runner” or “runner”
means any third person, not an escort, who for a salary, fee, hire, reward, profit or any other consideration of any kind whatsoever, acts as an agent for an introductory service or an escort bureau, an escort, or an escort patron, by contacting or meeting with escort patrons, escorts or escort bureaus at any location other than an escort bureau’s established office, regardless of whether said person is employed by such escort bureau or by another business, or is an independent contractor, or is self-employed.
D. 
“Escort patron” or “patron”
means any person who, on any occasion, contracts with, or employs, or for monetary consideration or any other consideration of any kind whatsoever, hires or utilizes the services of an escort bureau, escort or introductory service.
E. 
“Introductory service”
means a service offered or performed by any person for pecuniary compensation or any consideration of any kind whatsoever, the principal purpose of which is to introduce persons to patrons or aid individuals to become socially acquainted or to otherwise assist individuals to meet for social purposes or which services generally known by the offering or performing party to be used by the recipient thereof for the purpose of obtaining information about others to be used for social purposes.
F. 
Sexual Conduct.
1. 
The term “sexual conduct” means and includes any or all of the following:
a. 
“Sexual contact,” which shall have the same meaning as provided in RCW 9A.44.100(2)(a), as now existing or hereafter amended;
b. 
“Sexual intercourse,” which shall have the same meaning as provided in RCW 9A.44.010(a) through (c), as now existing or hereafter amended;
c. 
“Sexual stimulation,” which means to excite or arouse the prurient interest of any party, or to offer or solicit acts of sexual contact or sexual intercourse.
2. 
The aforesaid definitions of “sexual conduct” apply regardless of the sex of any party.
(Ord. 96-06 § 3, 1996)
It is unlawful for any person to conduct, manage, operate, maintain or carry on any escort bureau or introductory service within the city of Poulsbo unless licensed as an “escort bureau” or “introductory service,” or “escort bureau or introductory service manager,” pursuant to this chapter. A separate license and application is required for each location within the city of Poulsbo maintained by each escort bureau or introductory service and for each fictitious, assumed or trade name under which the bureau or service operates. A manager of an escort bureau or introductory service who is an owner of the establishment shall not be required to obtain a separate manager’s license so long as he has obtained an “escort bureau” or “introductory service” license.
(Ord. 96-06 § 4, 1996)
A. 
It is unlawful for any person to work or perform services as an escort or escort bureau runner unless such person has attained the age of eighteen years; is not suffering from any contagious or communicable disease; is licensed as an escort or runner pursuant to this chapter; and, is employed by, or under contract with, an escort bureau or introductory service which is licensed as provided in this chapter.
B. 
Self-employed escorts shall be licensed and regulated as an escort bureau or introductory service and shall not be required to obtain a separate escort license; provided, that any self-employed escort shall be subject to all other provisions of this chapter regulating escorts. A partnership consisting of any escorts shall be licensed and regulated as an escort bureau or introductory service. Any escorts who are partners in such licensed partnership shall not be required to obtain a separate escort license; provided, that all such escorts shall be subject to all other provisions of this chapter regulating escorts.
(Ord. 96-06 § 5, 1996)
A. 
Any person seeking to obtain or renew an “escort bureau” or “introductory service” license shall first file an application with the Poulsbo city clerk on a form provided by the clerk’s office. All such license applications shall be submitted in the true name(s) of the person(s) proposing to conduct or engage in such business or services. It shall be signed by all such person(s), including any partner(s), and notarized or certified as true under penalty of perjury. All such applications shall require the following information:
1. 
The name, residence address, home telephone number, date and place of birth, social security number, and federal employer’s identification number of the applicant(s) and any partner(s) with whom the applicant(s) will conduct the business for which the license is sought;
2. 
The business name, address, and telephone number of the establishment which the applicant(s) intend(s) to operate, with a copy of the deed, lease or other document pursuant to which such premises are occupied;
3. 
The names, residence addresses, residence telephone numbers, social security numbers, and dates of birth of any corporate officers and directors;
4. 
The names, residence addresses, residence telephone numbers, social security numbers, and dates of birth of all independent contractors and employees including escorts, who are, or are intended to be, employed by or under contract with the applicant(s), along with statements signed by medical doctors licensed by the State of Washington dated within seven days of the application certifying that all escorts who are, or who are intended to be, employed by or under contract with the applicant(s) are not suffering from a contagious or communicable disease;
5. 
The name of the custodian of the business records at the business location;
6. 
The addresses of the applicant(s) and any partner(s) for the five years immediately prior to the date of application;
7. 
The applicant(s) shall present documentation that the applicant(s) and all partner(s), if any, as well as all employees or independent contractors, including escorts, who are, or who are intended to be, employed or under contract with the applicant(s), have attained the age of eighteen years. Any of the following shall be accepted as documentation of age:
a. 
A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth,
b. 
A state-issued identification card bearing the applicant’s photograph and date of birth,
c. 
An official passport issued by the United States of America,
d. 
An immigration card issued by the United States of America, or
e. 
Any other picture identification issued by a governmental entity;
8. 
A description of any similar business history of the applicant(s) and partner(s), including a statement whether such applicant(s), previously in this or another city, county or state, had a business license revoked or suspended. If so, the reason for such revocation or suspension, as well as the activity or occupation subjected to such suspension or revocation shall be given;
9. 
A description of the business, occupation or employment of the applicant(s) and any partner(s) for the three years immediately preceding the date of application;.
10. 
Copies of contracts to be used with escorts and patrons and a complete description of the exact nature of the business;
11. 
The applicant(s) and any partners shall provide two “two-inch by two-inch” black and white photographs taken within six months of the date of application, showing only the full face of each applicant, at the applicant’s expense. Each applicant shall also provide his or her fingerprints. A license, when issued, shall have affixed to it the applicant’s photograph and right thumbprint;
12. 
If the applicant is a corporation, a copy of the corporation’s Articles of Incorporation and a certified copy of all minutes or resolutions authorizing the applicant to apply for the license shall be provided;
13. 
A written plan detailing the methods and means by which the applicant will promote the health and safety of escorts and patrons; preclude the escort or any person who is introduced to a patron by an introductory service from charging the patron additional fees; and insuring that all patrons have attained the age of eighteen years;
14. 
A description of any conviction for prostitution, including date and location, acquired by the applicant(s) and any partner(s), arising from the operation of an escort bureau or introductory service, occurring within the last five years;
15. 
The identification of any revocation of a license for the operation of an “escort bureau” or “introductory service” based upon the commission of a crime by the applicant or an employee or contractor of the applicant. The identification should be accompanied by an explanation of why the license was revoked, and the time, date and place of the revocation;
16. 
Authorization for the city, its agents, and employees to seek information to confirm any statement set forth in the application.
B. 
An applicant for an “escort,” “escort bureau runner,” or “escort bureau or introductory service manager” license or an applicant for renewal of any such license, shall first file an application with the Poulsbo City Clerk on a form provided by the clerk’s office. All such license applications shall be submitted in the true name of the person seeking to engage in such occupation or provide such services and notarized or certified as true under penalty of perjury. All such applications shall require the following information:
1. 
The name(s), residence address, home telephone number, date and place of birth, and social security number of the applicant;
2. 
The business name, address, telephone number, and name of the owner and manager of the escort bureau or introductory service by which the applicant will be employed or with which the applicant has a contract, along with a copy of the applicant’s employment or independent contract with such escort bureau or introductory service;
3. 
The addresses of the applicant for the five years immediately prior to the date of application;
4. 
Documentation that the applicant has attained the age of eighteen years. Any of the documents listed in Section 5.10.040(A)(7) shall be accepted as documentation of age;
5. 
A description of any similar occupational history of the applicant, along with a statement whether the applicant has previously had a business license revoked or suspended. If so, the reason for such revocation or suspension, as well as the activity or occupation subjected to such action shall be given;
6. 
A description of the applicant’s business, occupation, or employment for the three years immediately preceding the date of application;
7. 
Two “two-inch by two-inch” black and white photographs taken within six months of the date of application, showing only the full face of the applicant, at the applicant’s expense. The applicant shall also provide his or her fingerprints. A license, when issued, shall have affixed to it the applicant’s photograph and right thumbprint;
8. 
A statement signed by a doctor of medicine licensed by the state of Washington dated within seven days of the date of application certifying that the applicant is not suffering from any contagious or communicable disease;
9. 
A description of any conviction for prostitution, including date and location, acquired by the applicant, arising from the operation of an escort bureau or introductory service, or employment therein, occurring within the last five years;
10. 
The identification of any revocation for the licenses of an escort, escort bureau runner, or escort bureau or introductory service manager based upon the commission of a crime by the applicant. The identification should be accompanied by an explanation of why the license was revoked, and the time, date and place of the revocation; and
11. 
Authorization for the city, its agents, and employees to seek information to confirm any statement set forth in the application.
C. 
A failure to provide information required by subsections A and B of this section shall constitute an incomplete application and shall not be processed.
(Ord. 96-06 § 6, 1996)
A. 
Upon the filing of an application for, or renewal of, an escort bureau or introductory service license, the city clerk shall forward copies to the Poulsbo police chief, the planning director, the building official, and the fire chief.
1. 
Within thirty days of the date of such application, the police department shall investigate the statements set forth in the application and report to the city clerk whether or not the information received by it confirms the information in the application.
2. 
Within thirty days of the date of such application, the planning director shall inspect the proposed establishment and report to the city clerk whether the location of the proposed establishment is in conformity with the regulations of the zoning code.
3. 
Within thirty days of the date of such application, the building official shall inspect the proposed establishment and report to the city clerk whether it complies with the regulations of the building code.
4. 
Within thirty days of the date of such application, the fire chief shall examine the proposed establishment and report to the city clerk whether it complies with the regulations of the fire prevention code.
B. 
Upon the filing of an application for, or renewal of, an escort, escort bureau runner, or escort bureau or introductory service manager license, the city clerk shall forward copies to the Poulsbo police chief, who shall, within thirty days, investigate the statements set forth in such application and report to the city clerk whether or not the information received by his or her department confirms such statements.
(Ord. 96-06 § 7, 1996)
A. 
After completion of an investigation of an application for, or renewal of, a license required by this chapter, the city clerk shall, within seven working days, but no more than thirty-seven days from the date of such application, issue the applicable license or licenses, if the clerk finds:
1. 
That any business for which a license is required will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable health, zoning, building, fire and safety laws of the city of Poulsbo, as well as the requirements of this chapter;
2. 
That the applicant(s), or his or her employee, agent, partner, director, officer, or manager has not knowingly made any false, misleading, or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the city of Poulsbo;
3. 
That the applicant(s) and any employees, independent contractors, agents, managers, partners, directors or officers of the applicant have attained the age of eighteen years;
4. 
That, from the information supplied to the city clerk, it appears that the applicant(s) and escort(s) do not pose a threat to the health of others;
5. 
That any corporate applicant has filed Articles of Incorporation with the Washington Secretary of State and that its board of directors has authorized the filing of the application;
6. 
That the applicant for an escort bureau or introductory service license has not been convicted of the crime of prostitution within five years previous to the application in the course of operating an escort bureau or introductory service and that the applicant has not had a license revoked for the operation of an escort bureau or introductory service, if the application is made during the revocation period of said revoked license; and
7. 
That the applicant for an escort, escort bureau runner, or escort bureau or introductory service manager license has not been convicted of the crime of prostitution within five years previous to the application in the course of serving as an escort, escort bureau runner, or “escort bureau or introductory service manager, and that the applicant has not had a license revoked for serving as an escort, escort bureau runner, or escort bureau or introductory service manager, if the application is made during the revocation period of said revoked license.
B. 
Upon denial or refusal to renew any license authorized by this chapter, the city clerk shall notify the applicant(s) in writing. The applicant(s) whose application for license or renewal thereof has been denied, has the rights of appeal set forth in Section 5.10.150(B).
(Ord. 96-06 § 8, 1996)
The fees for an escort bureau, introductory service, escort, escort bureau runner and escort bureau or introductory service manager shall be as set forth in Section 3.12.040(F). All license fees shall be payable on an annual basis without proration. All licenses issued pursuant to this chapter shall be granted for the calendar year and shall expire on December 31st of each year unless renewed. An application for renewal of any license required by this chapter may be submitted after October 15th of each calendar year.
(Ord. 96-06 § 9, 1996; Ord. 2003-16 § 13, 2003)
A. 
An escort bureau or introductory service shall provide to each patron a written contract and receipt of payment for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, and total amount of money such services shall cost a patron, and any special terms or conditions relating to the services to be performed.
B. 
An escort bureau or introductory service shall maintain an open office, as defined in subsection C of this section, at the licensed location during all hours escorts are working or persons are being introduced to patrons. The address and phone number of that office shall be included in all patron contracts and published advertisements. Private rooms or booths where the patron may meet with the escort or a person may be introduced to a patron shall not be provided at the open office or at any other location by the escort bureau or introductory service.
C. 
An “open office” is an office at the location from which business is transacted by the licensed escort bureau or introductory service and which meets the following requirements:
1. 
The office shall be accessible to business invitees, business license officials, and law enforcement officers during all hours that escorts are working or persons are being introduced to patrons and that the office be staffed during all such hours;
2. 
The office shall be managed by the owner or a management employee of the owner who is licensed pursuant to this chapter having authority to bind the bureau or service to escort and patron contracts, and to adjust patron and consumer complaints;
3. 
All telephone lines and numbers listed to the escort bureau or introductory service, or advertised as escort bureau or introductory service numbers, shall terminate at the open office and at no other location;
4. 
An index of all employees, independent contractors, escorts and runners shall be kept in the open office, along with copies of the statements required by this chapter, certifying that all escorts are free from contagious or communicable diseases;
5. 
All business records required to be kept by the Poulsbo Municipal Code shall be kept in the open office. Those records shall include records of escort calls and referrals, stating the date and time of referral, the name of the escort sent and whether or not the referral resulted in an escort service, the destinations at which the escort services were performed, and the total fee received from the patron, if any, as well as blank copies of all patron contracts;
6. 
An escort bureau or introductory service shall prominently display its license, the license of its manager, if any, and the licenses of its escorts in the open office. It shall post a list of fees for services and shall not charge any fee in excess of the posted list. The escort bureau or introductory service shall also provide each escort with an identification card, containing the escort’s picture, name and right thumbprint;
7. 
An escort bureau or introductory service, in terms of licensing consequences, is responsible and liable for the acts of all of its employees and independent contractors, including, but not limited to, telephone receptionists, escorts and escort bureau runners, while the escort is with the patron;
8. 
An escort bureau or introductory service shall commence business from an open office within thirty days after issuance of the license. In the event that an escort bureau or introductory service licensee shall not commence business in an open office within thirty days after issuance of a license, or shall discontinue business or close the open office for a period of thirty days without specific approval of the Poulsbo city clerk, such license shall terminate automatically; and
9. 
Any person, firm or corporation licensed as an escort bureau or introductory service shall notify the Poulsbo city clerk within three days of changing his or her residence address or the address of the escort bureau or introductory service. If business is discontinued at the licensed location without specific approval of the Poulsbo city clerk, such license shall terminate automatically.
(Ord. 96-06 § 10, 1996)
A. 
Any publication, dissemination or display, whether by hire, contract or otherwise, by any escort, runner, escort bureau or introductory service, or owner/manager, or employee or independent contractor of any such bureau or service, directly or indirectly, in any newspaper, magazine or other publication or by any radio, television, telephone or pictorial display, publication or other advertising media, which contains any statement which is known or through the exercise of reasonable care, would suggest to a reasonable, prudent person that sexual conduct is offered or provided, is prohibited.
B. 
Any word, phrase, or combination of words used in any advertisement which implies that the escort, runner or escort bureau or introductory service offers or provides sexually oriented acts or operates in a sexually oriented manner, or which gives the public a basis to believe that sexual conduct is offered or provided, is prohibited.
C. 
It is unlawful to advertise or hold out to the public the availability of an escort or escort bureau without obtaining a license therefor, whether the actual business or services of the escort, runner, escort bureau or introductory service, is performed or not.
D. 
Any photograph, picture, drawing, sketch, pictorial representation, verbal or written description, used in any escort, escort bureau, runner, or introductory service advertisement in any advertising media showing or depicting an escort, or representation of an escort in an unclothed state, or attired in clothing which shows the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or showing the female breast with less than a full opaque covering of any portion thereof below the top of the areola, or the depiction of covered male genitals in a discernably turgid state, is prohibited and shall be presumed to be advertising the availability of sexual conduct.
(Ord. 96-06 § 11, 1996)
Any escort shall:
A. 
While serving as an escort, carry an identification card issued by the escort bureau or introductory service with whom he has a contractual or employment relationship;
B. 
Notify the Poulsbo city clerk within three days of changing his or her residence or business relationship.
(Ord. 96-06 § 12, 1996)
A. 
It shall be unlawful for any introductory service or escort bureau or runner or escort to provide, or serve as, an escort for any person who is under the age of eighteen years, or to introduce to any patron any person under the age of eighteen years.
B. 
It shall be unlawful for any escort to, or for any escort bureau or introductory service to provide an escort who, on any occasion, perform(s) work or services as an escort while unclothed or in such less than opaque and complete attire, costume, or clothing, so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals.
C. 
It shall be unlawful for any escort, escort bureau, introductory service, or manager or runner thereof, required to be licensed by the provisions of this chapter, to do or allow any of the following activities by any escort while serving as an escort:
1. 
Engaging in, permitting, promoting or soliciting prostitution or sexual conduct;
2. 
Committing a firearm offense under Chapter 9.41 RCW, as now existing or hereafter amended;
3. 
Committing an obscenity or pornography or indecent exposure offense under Chapter 9.68 RCW or 9A.88 RCW, as now existing or hereafter amended;
4. 
Committing an offense of sexual exploitation of children or a sexual offense under Chapter 9.68A RCW or 9A.44 RCW, as now existing or hereafter amended; or
5. 
Committing a drug offense under the Poulsbo Municipal Code Chapter 9.07 or Chapters 69.41, or 69.50, or 69.52, or 69.53 RCW, as now existing or hereafter amended.
(Ord. 96-06 § 13, 1996)
A. 
Any violation of any of the provisions of this chapter shall be a gross misdemeanor, subject to a fine not to exceed five thousand dollars, or imprisonment not to exceed one year, or both such fine and imprisonment. Each day that any such violation continues shall be a separate offense.
B. 
Any person violating any of the provisions of this chapter shall also be subject to license suspension or revocation as set forth in Section 5.10.130 of the Poulsbo Municipal Code.
(Ord. 96-06 § 14, 1996)
A. 
The city clerk shall suspend any license required by this chapter for a period of thirty days upon the licensee’s first violation of this chapter.
B. 
The city clerk shall suspend any license required by this chapter for a period of ninety days upon the licensee’s second violation of this chapter.
C. 
The city clerk shall revoke any license required by this chapter upon the licensee’s third violation of this chapter within three years. The period of any revocation shall be one year.
D. 
Notwithstanding the provisions of subsection A of this section, the city clerk shall revoke any license required by this chapter upon the licensee’s first violation of the Poulsbo Municipal Code Section 5.10.110(A) or (C). The period of any such revocation shall be one year. If any licensee has his or her license subsequently revoked pursuant to this subsection within three years of a prior revocation for violating the Poulsbo Municipal Code Section 5.10.110(A) or (C), the period of revocation shall be three years.
E. 
Notwithstanding the provisions of the Poulsbo Municipal Code Section 5.10.060, the city clerk shall deny, or deny the renewal of, any license required by this chapter, or revoke any such license, if the licensee has made any false or misleading statements or misrepresentations to the city in order to induce or prevent action by the city.
(Ord. 96-06 § 15, 1996)
A. 
Whenever the city clerk has determined that a license required by this chapter shall be suspended or revoked, the city clerk shall issue a “Notice of Suspension” or “Notice of Revocation” to the licensee which shall include the following:
1. 
Name of person involved;
2. 
Dates and description of violations of this chapter;
3. 
Description of action proposed to be taken by the city clerk and date upon which the action shall be effective; and
4. 
Rights of hearing or appeal, as set forth in the Poulsbo Municipal Code Section 5.10.150.
B. 
Service of such notices shall be either by personal service or by mailing the notice by certified mail, postage prepaid, return receipt requested, along with a copy of such notice by regular mail, postage prepaid, to such person at his or her last known address. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury, executed by the person effecting service, declaring the time, date and manner by which service was made. If any notice served by certified mail is refused or not claimed by the licensee, service by mail shall be deemed complete on the third day following the date of mailing.
(Ord. 96-06 § 16, 1996)
A. 
Whenever a licensee has received notification that his or her license will be revoked or suspended, he may file a written request with the Poulsbo city clerk within five days of service of the notification, asking for a hearing before the mayor of the city of Poulsbo or his or her designee, in which he shall show cause why such license should not be suspended or revoked. At such hearing, the licensee shall have the burden of proof. Such hearing shall be held within three working days before the effective date of the revocation or suspension. If the mayor, or his or her designee, shall find that the license should be suspended or revoked, considering the report of the city clerk and such other material as is submitted to him, then said license shall be suspended or revoked. An appeal from such decision may be made to the superior court within fourteen days of the decision by writ of review or certiorari.
B. 
Any person whose application for, or renewal of, a license required by this chapter has been denied, may, within ten days following service of the notification, file a written request with the Poulsbo city clerk for a hearing before the mayor or his or her designee to show cause why his or her application should not be denied. Such hearing shall occur within thirty days of receipt of the written request. At the hearing, the applicant shall have the burden of proof. If the mayor shall find after considering the report of the city clerk and other materials submitted to him that the application should be denied, then the denial shall be upheld. An appeal from the decision may be made to superior court by writ of review or certiorari, within fourteen days of the decision.
(Ord. 96-06 § 17, 1996)
A. 
In the event that there is any conflict between the provisions of this chapter and general business license regulations contained in the Poulsbo Municipal Code, the provisions of this chapter shall control.
B. 
Notwithstanding any other provisions of the Poulsbo Municipal Code, escort bureau or introductory service licenses shall not be issued for any such business which seeks to locate in any single-or multiple-family residential zone in the city of Poulsbo.
(Ord. 96-06 § 18, 1996)
Professions, employments and businesses licensed by the state of Washington or Kitsap County pursuant to a specific statute or ordinance, and all employees of any business so licensed, which perform an escort or escort bureau function as a service merely incidental to the primary function of such profession, employment or business and do not hold themselves out to the public as an escort or escort bureau, are exempt from the licensing requirements of this chapter; provided, however, that any employment agency which provides escorts as defined herein shall obtain a license as required by this chapter.
(Ord. 96-06 § 19, 1996)