Chapter 5.212 — ESCORT BUREAUS

It is the purpose and intent of the City Council by the adoption of the ordinance codified in this chapter, that the operation of an escort bureau, 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 peace and welfare of the community.

(1961 Code, § 6A.1; Ord. 740)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Business or commerce." That term as is defined in § 5.00.020 of this code.

"Escort." 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; 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; 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.

"Escort bureau." Any business, agency, or self-employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts.

"Pecuniary compensation." Any commission, fee, gratuity, hire, profit, reward or any other form of consideration.

"Person." Any natural person, firm, partnership, corporation or association.

"Profit interest." Any interest or share in the present or prospective profit of an escort bureau. (1961 Code, § 6A.2; Ord. 740)

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, the activities of an escort bureau, 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 at which an escort bureau is to be established.

(1961 Code, § 6A.3; Ord. 740)

The term of an escort bureau permit, unless sooner suspended or revoked, shall be for a period of one (1) year.

(1961 Code, § 6A.4; Ord. 740)

An escort bureau 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 (1) year on written application to the Chief of Police made at least ninety (90) 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 by § 5.212.050 of this chapter and shall be processed in accordance with the provisions of this chapter.

(1961 Code, § 6A.5; Ord. 740)

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.

(1961 Code, § 6A.6; Ord. 740)

• A. Any person desiring to obtain a permit, or renew an existing permit, to operate an escort bureau, 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 nonrefundable fee, as established by resolution of the City Council, shall be paid to the Department of Financial Services to defray, in part, the cost of the investigation and report 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 by the applicant to the Chief of Police at the time such application is filed. Permit issuance or renewal fees required under this chapter shall be in addition to any business 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 until such permit has been granted or renewed.

• C. Each applicant for an escort bureau 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 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 (5) 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 (18) years of age;

  8. The applicant's height, weight, color of eyes and hair and date of birth;

  9. Two (2) photographs of the applicant, at least two (2) inches by two (2) inches in size, taken within the six (6) 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 (3) year period immediately preceding the date of the filing of the application.

  11. The permit history of the applicant, for the five (5) 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 agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended due to misconduct as described in paragraph H.5. of this section;

  12. All criminal convictions 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 offense), stating the date, place, nature and sentence of 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 (5%) 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 (1) or more of the partners is a corporation, the provisions of this paragraph pertaining to corporations shall apply. The corporation or partnership applicant shall designate one (1) 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 (1) application fee shall be charged;

  14. A definition of the service to be provided;

  15. The true names and residential addresses of all persons employed or intended to be employed as escorts;

  16. 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 or a designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the Police Department of the city 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 paragraph of this section.

• E. The Chief of Police may require the applicant, 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 finger-printed.

• F. When any change occurs regarding the written information required by paragraph 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 five (5) business days 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 thirty (30) days after the date of the filing of the application, render a written recommendation to the City Manager, as to approval or denial of the application for the permit or renewal thereof.

• H. The City Manager, or his or her designee (hereinafter referred to as “City Manager”), within ten (10) days after receiving the application and aforementioned recommendation from 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 if an individual; or any of the directors, officers, or stockholders holding more than five percent (5%) of the stock of the corporation; or any of the partners, including limited partners, the holder of any lien of any nature, if a natural person, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed escort bureau, 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 to a misdemeanor or felony crime involving criminal misstatement or sexual misconduct including, but not limited to, all offenses listed in Penal Code § 290, Penal Code §§ 311.2 through 311.7, Penal Code §§ 314 through 318, and subsections (a), (b), (c), (d) or (h) of § 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct; or has knowingly permitted, through an act of omission or commission, his or her employee or agent, while so employed, to engage in any type of criminal misstatement 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);

  5. The escort bureau, as proposed by the applicant, would comply with all applicable city, 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 eighteen (18) years of age.

• I. If the City Manager does not find that all of the requirements set forth in paragraphs H.1. through 6. 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 City Manager, written notice of such denial shall be given within ten (10) business days 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 the residence address set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort bureau permit, or renewal thereof, has been denied by the City Manager, may appeal such denial to the City Council as provided in § 5.212.200 of this chapter. (1961 Code, § 6A.7; Ord. 740)

• A. No holder of an escort bureau permit shall employ as an escort any person under eighteen (18) years of age.

• B. No holder of an escort bureau permit shall furnish any escort to, or accept employment from any patron, customer or person to be escorted, who is under eighteen (18) years of age, except at the special instance and written request of a parent, guardian or other person in lawful custody of the person upon whose behalf the escort is engaged. The written request shall be carried by the escort during the period so employed.

• (1961 Code, § 6A.8; Ord. 740)

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 permit issued by the city pursuant to the provisions of this chapter. (1961 Code, § 6A.9; Ord. 740)

The term of an escort permit, unless sooner suspended or revoked, shall be for a period of one (1) year.

(1961 Code, § 6A.10; Ord. 740)

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 (1) year on written application to the Chief of Police made at least ninety (90) 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 § 5.212.120 of this chapter, and shall be processed in accordance with the provisions of this chapter. (1961 Code, § 6A.11; Ord. 740)

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 upon the final suspension, revocation or expiration of such permit, or upon leaving employment as an escort. (1961 Code, § 6A.12; Ord. 740)

• 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 nonrefundable fee, as established by resolution of the City Council, shall be paid to the Department of Financial Services to defray, in part, the cost of the investigation and report required by this chapter. The Department of Finance shall issue a receipt showing that such permit application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied by the applicant to the Chief of Police at the time such application is filed. Permit fees required under this chapter shall be in addition to any business 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 § 5.212.070.C.1. through 12. of this chapter, 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 holding a valid permit issued by the city, 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 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 or 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 thirty (30) days after the date of the filing of the application, render a written recommendation to the City Manager as to approval or denial of the application for the permit or renewal thereof.

• F. The City Manager, within ten (10) business days after receiving the application and aforementioned recommendation, from the Chief of Police, shall grant the permit, or renewal thereof, only if he or she finds that all of the requirements of § 5.212.070.H.1. through 3. have been met and, in addition, if he or she finds that the following additional requirements have been met:

  1. The applicant is at least eighteen (18) years of age;

  2. The applicant has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving criminal misstatement or sexual misconduct including, but not limited to, all offenses listed in Penal Code § 290, Penal Code §§ 311.2 through 311.7, Penal Code §§ 314 through 318, and subsections (a), (b), (c), (d) or (h) of § 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct.

• G. If the City Manager does not find that all of the requirements set forth in paragraph F. of this section have been met, he or she shall deny the application for the permit or renewal thereof. In the event that application for the permit, or renewal thereof, is denied by the City Manager, written notice of such denial shall be given within ten (10) business days 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 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 City Manager, may appeal such denial to the City Council as provided in § 5.212.210.

• H. When any change occurs regarding the written information required by paragraph C. of this section, the applicant or permit holder, as the case may be, shall give written notification of such change to the Chief of Police within five (5) business days after such change.

• (1961 Code, § 6A.13; Ord. 740)

No holder of an escort permit shall escort, offer to escort or perform any activity described in this article to any person under eighteen (18) years of age, except at the special instance and written request of the parent, guardian or other person in lawful custody of the person on whose behalf the escort is engaged. The written request shall be carried by the escort during the period so employed.

(1961 Code, § 6A.14; Ord. 740)

Unless prior application is made, thereafter approved, and a permit issued thereon, upon the sale or transfer of any interest in an escort bureau, 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. 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, as well as any permit which may thereafter be granted, shall be subject to the provisions of this chapter.

(1961 Code, § 6A.15; Ord. 740)

• A. A holder of a valid escort bureau permit shall notify, in writing, the Chief of Police and Director of Planning of any change in the business location. Such notification shall be made at least ten (10) business days prior to such change.

• B. No permit holder shall operate an escort bureau under any name or designation not specified in the permit.

• (1961 Code, § 6A.16; Ord. 740)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and be punishable by a fine of not more than five hundred ($500) dollars or by imprisonment for not more than six (6) months or by both such fine and imprisonment. Revocation or suspension of a permit issued under this chapter shall not be a defense against prosecution. (1961 Code, § 6A.17; Ord. 740)

• A. If the City Manager finds that any person holding an escort bureau permit under the provisions of this chapter has violated any of the provisions of this chapter or conducts such business in a manner as would have been grounds for denial of a permit as set forth in § 5.212.070.H. of this chapter, or if the City Manager 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 § 5.212.130.F. of this chapter, he or she may suspend or revoke the permit. No such suspension or revocation shall become effective, except as provided below, until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation pursuant to the pro-visions of § 5.212.210 of this chapter. Notification of intent to revoke shall be made either by personal delivery or by certified or registered mail, return receipt requested, 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.

• B. Notwithstanding the foregoing, the City Manager may suspend immediately, upon findings and recommendation by the Chief of Police that such action is necessary for the protection of the public health, safety and welfare. If such action is taken, the City Manager must, within twenty-four (24) hours, give the permit holder a written statement of grounds, and thereafter provide a hearing within five (5) business days. The permit holder shall have the burden of proof to show that his or her permit should not be permanently revoked.

• (1961 Code, § 6A.18; Ord. 740)

Any escort bureau operated, conducted or maintained contrary to the provisions of this chapter shall be and is 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 contrary to the provisions of this chapter.

(1961 Code, § 6A.19; Ord. 740)

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 thirty (30) days from said effective date to apply for an escort business permit. The City Manager shall issue a permit within the time period set forth in § 5.212.070.G. and H. only if all requirements of that section are met.

(1961 Code, § 6A.20; Ord. 740)

Upon notification of permit denial or intent to revoke, applicant or permit holder shall have ten (10) business days in which to file a written appeal to the City Council. Upon such filing, the City Manager shall notify the applicant or permit holder of the time and place scheduled for a hearing, during which time the applicant or permit holder may present evidence on his or her behalf and may be represented by counsel, if he or she so chooses. No permit shall be permanently revoked until the permit holder has had such an opportunity to defend himself. However, a permit may be suspended pending hearing as provided in § 5.212.180. (1961 Code, § 6A.21; Ord. 740)