Chino Hills Municipal Code Ch. 5.20 Escort Licenses

The following terms used in this chapter shall have the meanings indicated in this section:

"Escort" has the same meaning as set forth in Section 5.08.020 of this code.

"Escort agency" has the same meaning as set forth in Section 5.08.020 of this code.

"Escort license—agency" means that license issued by the city pursuant to the provisions of this chapter to conduct the business of an escort agency as defined in this chapter.

"Escort license—individual" means that license issued by the city pursuant to the provisions of this chapter to an individual escort as defined herein for the privilege of working as an escort.

"Specified criminal acts" has the same meaning as set forth in Sections 5.36.010, 5.08.020, 5.12.040(A)(3) and 5.16.040(B) of this code.

(Ord. 24 § 6 (part), 1992)

No person shall engage in, be employed as, be hired as, accompany anyone for a fee or any form of consideration, perform, model, or pose as an escort, or own, operate, conduct, manage, or carry on any escort agency within the city without first obtaining an escort license—individual or escort license—agency pursuant to the provisions of this chapter, and securing the necessary zoning permits and business licenses required by this code.

(Ord. 24 § 6 (part), 1992)

A. Applications for escort licenses shall be filed with the City Manager on forms supplied by the city, together with a fee established by resolution of the City Council to cover the cost of processing and investigation. The application shall be signed and verified by the applicant and shall contain such information as set forth in this section. The City Manager may require that the applicant be fingerprinted and photographed.

B. Any applicant for a license shall submit the following information:

1. The full name and present address of the applicant. Applications for an escort license—agency shall include the street address of the agency's principal place of business where business records are maintained and the business address of any agency office located in the city. Post Office boxes or Postal Annex addresses shall not be sufficient to meet the requirements of this provision;

2. The two previous addresses immediately prior to the present address of the applicant;

3. Written proof that the applicant is over the age of eighteen (18) years;

4. Applicant's height, weight, color of eyes, and hair;

5. Applicant's business, occupation, or employment for the three years immediately preceding the date of the application;

6. The business license and/or permit license history of the applicant, including whether the applicant has ever had any license or permit issued by any agency, board, city, county, territory, or state. The date of issuance of such license or permit, including whether the license or permit was denied, revoked, or suspended shall also be included;

7. All criminal convictions including, but not limited to, specified criminal acts, excluding minor traffic violations and those convictions authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900, including date and place of each such conviction and the reason for such conviction;

8. Authorization for the city, its agents and employees, to seek verification of the information contained in the application;

9. Such other information and identification as deemed necessary by the designated head of the entity providing law enforcement services to the city;

10. A statement in writing, signed and dated by the applicant, that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

C. Notwithstanding the fact that an application filed hereunder may be a public record under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The City Council in adopting the application and licensing and/or permit system set forth in this chapter has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth in this section is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The City Clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth in this section.

(Ord. 24 § 6 (part), 1992)

A. Upon receiving an application for an escort license—individual or escort license—agency, the City Manager, or his or her designee, shall cause an investigation to be made to determine whether a license should be issued as requested. The designated head of the entity providing law enforcement services to the city shall, within ten (10) days of the filing of an application, recommend that the City Manager, or his or her designee, approve, conditionally approve, or deny the application based on the information obtained during the investigation, including that obtained pursuant to Section 5.36.030 of this code. In the event the information is not available within such ten (10) day period, the designated head of the law enforcement entity providing police services to the city shall—if the application otherwise meets the requirements of this code—recommend issuance of the license. Whereupon the City Manager, or his or her designee, shall issue the license. Should the information obtained pursuant to Section 5.36.030 of this code materially vary from that on the application, such variance shall be cause to suspend or revoke the license. Any license issued prior to the city receiving the information required by Section 8.12.140 of this code shall state clearly on its face that the license is subject to suspension or revocation pursuant to Sections 5.08.080 and 5.08.100 of this code. In no event shall the decision to grant or deny the license be based on information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600—900.

B. The City Manager shall issue such license as requested, unless the City Manager makes any of the following findings:

1. The applicant:

a. Has been convicted of a violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318 subsections (a), (b), and (g), of Penal Code Sections 647 or 650.5, or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290;

b. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the state of California;

c. Has been convicted of any offense in any other state which is the equivalent of any of the offenses mentioned in this section;

d. Has engaged in conduct which would constitute an offense as described in subparagraph (a) of this subsection, within five years immediately prior to the filing of any application;

e. Has committed an act in another jurisdiction, which if committed in this state would have been a violation of law or, which, if done by a licensee under this chapter, would be grounds for denial, suspension, or revocation of the license;

f. Has been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions, or duties of the licensee;

g. The applicant has made a false, misleading, or fraudulent statement of fact to the city in the license application process, including the failure to disclose convictions for specified criminal acts;

h. The application does not contain all of the information required;

i. The applicant has been convicted of a specified criminal act as defined in this chapter within the last two years.

(Ord. 24 § 6 (part), 1992)

A. No license issued hereunder shall be transferable to any other person.

B. Escort licenses shall be issued for the period of twelve (12) months and shall expire twelve (12) months from issuance.

C. Renewal applications for the next insuring license shall be filed no later than thirty (30) days prior to the expiration of the license to prevent a lapse of the license.

D. Each applicant for renewal shall file such information as may be required by the City Manager, or his or her designee, to update the information required for his or her original license application. If in reviewing the renewal application, the City Manager, or his or her designee, determines that the application will likely be denied, then the City Manager, or his or her designee, shall cause an administrative hearing to be held within ten (10) days of the receipt of the application. At the hearing, the applicant may present evidence supporting the application or contradicting the evidence presented by the city. The application for renewal shall include the appropriate filing fees as set by resolution of the City Council.

(Ord. 24 § 6 (part), 1992)

No owner, manager or operator of an escort agency shall employ or utilize the services in any way of an escort who does not possess a valid license therefor.

(Ord. 24 § 6 (part), 1992)

The license issued pursuant to this chapter for each escort shall be displayed within an area on the premises open to the public at all times. The identification card issued to an escort shall be available for display to any Police Officer or other city officer upon demand.

(Ord. 24 § 6 (part), 1992)

A. Violation and Nonviolation. The City Manager, or his or her designee, may refuse to renew a license or may revoke or suspend an existing license on the grounds that the applicant or license holder has failed to comply with the license conditions or other requirements of this chapter. If a suspended license lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or license holder shall have the right to appeal to the City Council in the time and manner set forth in this section.

B. Revocation and Suspension.

1. The City Manager, or his or her designee, may revoke or refuse to renew a license if he or she makes any of the findings for denial of a license under Sections 5.20.030 and 5.20.040 of this chapter, for the failure to provide the city with the accurate and current business address as required by Section 5.20.030(B)(1) of this code, upon any subsequent violation of any provision of this chapter within one year following a prior suspension under subparagraph (2) of this section, or upon the conviction of the license holder of a specified criminal act as defined in this chapter.

2. The City Manager, or his or her designee, may suspend a license for a period of thirty (30) days for any violation of the provisions of this chapter.

C. Notice. When the City Manager, or his or her designee, concludes that grounds for denial, suspension, revocation, or refusal to renew a license exist, the City Clerk shall serve the applicant or license holder, either personally or by certified mail, addressed to the business or residence address of applicant or license holder, with a notice of denial or notice of intent to suspend, revoke, or refuse to renew license. This notice shall state the reasons for the proposed action, the effective date of the decision if no appeal is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the City Council the decision of the City Manager, or his or her designee.

D. Appeal. The applicant or license holder may appeal the decision of the City Manager, or his or her designee thereof, in accordance with Section 1.20.010 et seq. of this code.

(Ord. 24 § 6 (part), 1992)