Bakersfield Municipal Code Ch. 5.23 Escorts and Escort Bureaus

Sections: 5.23.010 Definitions. 5.23.020 Permit required. 5.23.030 Application—Issuance—Fee. 5.23.040 Regulations. 5.23.050 Revocation. 5.23.060 Appeal.

• Prior ordinance history: Ordinance 2804.

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:

A. “Employee” means any person employed by an escort bureau or who acts as an agent on behalf of an escort bureau by contacting or meeting escort patrons, regardless of whether or not said person is employed by the escort bureau and regardless of the manner in which he or she is compensated.

B. “Escort” means any person who, for a fee, salary, reward or profit accompanies, or makes himself or herself available to accompany, any other person for companionship.

C. “Escort bureau” means any person who, for a fee, salary, commission, reward or profit furnishes, arranges, or offers to furnish or arrange for a person to accompany any other person for companionship.

D. “Manager” means a person designated as such by the escort bureau and who has primary control over and responsibility for the actual operation of the escort bureau.

E. “Person” means any individual, partnership, corporation or association of any nature whatsoever. (Ord. 3823 § 1, 1998)

It is unlawful for any person to keep, maintain, or operate an escort bureau, be an employee of an escort bureau, or act as an escort in the city in violation of this chapter, or without having a valid permit therefor in accordance with the provisions of this chapter. (Ord. 3823 § 1, 1998)

A. Applications for permits under this section shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than thirty days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information:

1. The name, mailing address, title, telephone number, previously used names, previous addresses for the
past five years, employment history for the past five years, date of birth, sex, height, weight, eye color, hair
color, driver’s license number, social security number, and arrest record, if any, of the applicant and, if the
application is for an escort bureau permit, of all persons with any financial interest in the business; and

2. The name, mailing address and location of the business;

3. The business tax certificate number of the business;

4. Prior permits held and whether such permits were ever revoked or suspended, and the reasons therefor.

B. All applicants for a permit pursuant to this chapter shall be required to be fingerprinted.

C. The city manager or designee shall, in his or her discretion, issue a permit if he or she finds that:

1. The application is complete and truthful;

2. The applicant has not been convicted of a crime substantially related to the qualifications, functions or
duties of the business for which application is made, including, but not limited to, theft, robbery,
embezzlement, fraud, possession and/or sale of controlled substances, prostitution, pandering, gambling and
extortion, unless a certificate of rehabilitation has been obtained;

3. Neither the applicant nor any person having a financial interest in the business has done any act
involving dishonesty, fraud or deceit with the intent to substantially benefit himself or herself or another, or
substantially injure another;

4. The building and the business for which the application is made will be maintained and conducted in
accordance with all laws of the city and the state, including, but not limited to health, structural soundness,
fire safety and zoning;

5. A valid business tax certificate has been issued for this business;

6. The applicant is eighteen years of age or older;

7. A permit, issued to the applicant pursuant to this section, has not been revoked, unless the city manager
or designee finds that the reasons for such revocation are unrelated to this application.

D. All permits issued under this chapter shall remain in effect until suspended or revoked.

E. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Chapter 3.70.

F. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. (Ord. 4450 § 1, 2007; Ord. 3823 § 1, 1998)

A. All permits issued pursuant to this chapter shall be nontransferable, applicable only to the original applicant and the original location.

B. No escort bureau shall be open for business or conduct any business activity between the hours of eight p.m. and seven a.m. of the following morning, nor shall any person act as an escort between the hours of eleven p.m. and six a.m. of the following morning.

C. No person licensed to do business as provided in this chapter shall operate under any name or conduct his or her business under any designation not specified in his permit.

D. No person shall sell or serve food or beverage or conduct any business other than that of an escort bureau on the premises of the escort bureau.

E. No escort or escort bureau shall employ, pay any salary or commission to, or allow any ownership interest or powers of control to exist on behalf of any person who does not have a valid permit pursuant to the provisions of this chapter.

F. Each escort bureau shall have on its premises a current list of all owners, investors, officers, partners, escorts and employees.

G. Each escort bureau shall keep a complete record of all services rendered, including the date and hours the services were rendered, the name of all escorts and employees involved in providing the service, the name of the manager on duty and the name, address and telephone number of the patron.

H. All records kept pursuant to this chapter shall be open to inspection by the city manager or designee, the Bakersfield police department and other law enforcement agencies. The records shall be maintained for a period of no less than three years.

I. No escort bureau shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate.

J. No person shall act as an escort or as an employee for any escort bureau unless that person has within his or her immediate possession a valid permit to act as an escort or employee of that particular escort bureau, issued pursuant to the provisions of this chapter. (Ord. 3823 § 1, 1998)

Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or designee whenever he or she finds:

A. That misrepresentations were made on the application; or

B. That the permittee has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which the permit is issued, including, but not limited to, theft, robbery, embezzlement, fraud, possession and/or sale of controlled substances, prostitution, pandering, gambling and extortion, unless a certificate of rehabilitation has been obtained; or

C. That the permittee has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or

D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. (Ord. 3823 § 1, 1998)

A. Should any applicant or permittee be dissatisfied with the decision of the city manager or designee not to grant a permit or revoking a permit, then said applicant or permittee may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant or permittee shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or designee, which decision shall be final and conclusive.

B. Pending the hearing before the council, the decision of the city manager or designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council’s decision. (Ord. 3823 § 1, 1998)