Daly City Municipal Code Ch. 5.50 Escort Services

For the purposes of this chapter the following words and phrases shall mean and include:

A. "Escort" means 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;

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;

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; or

4. Does any of the above through arrangements made in the city.

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

C. "Introductory service" means a service offered or performed by any person for pecuniary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known, or should be known, by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.

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

E. "Operator" means any person operating an escort bureau or introductory service, but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession.

(Ord. 1004 § 1 (part), 1983)

It is unlawful for any person to engage in, conduct or carry on in the city the operation of an escort bureau or introductory service as defined in Section 5.50.010 without first obtaining a permit from the city council. A separate permit shall be required for each location and for each separate telephone number used in the business within the city for which an escort bureau or introductory service is to be established.

(Ord. 1004 § 1 (part), 1983)

The requirements of this chapter shall have no application and effect upon, and shall not be construed as to apply to any business, agency or person who provides escort services for older persons as defined in the California Welfare and Institutions Code where such services are provided as part of a social welfare and health program for such older persons.

(Ord. 1004 § 1 (part), 1983)

Application for a permit shall be made to the director of finance and shall contain the following information:

A. The names of all persons who are making application for permit;

B. The present or proposed address where the business is to be conducted;

C. The full true name and any other names used by the applicant(s);

D. The full true name under which the business will be conducted;

E. The present residence and business addresses and telephone numbers of the applicant(s);

F. Each residence and business address of the applicant(s) for the five-year period immediately preceding the date of the filing of the application and the inclusive dates of each such address;

G. California driver's license or identification number and social security number of the applicant(s);

H. Acceptable written proof that the applicant(s) is at least eighteen years of age;

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

J. Two photographs of the applicant(s), at least two inches by two inches in size, taken within the six-month period immediately preceding the date of the filing of the application;

K. The business, occupation or employment history of the applicant(s) for the five-year period immediately preceding the date of the filing of the application;

L. The permit history of the applicant(s), for the five-year period immediately preceding the date of the filing of the application, including whether such applicant(s), in previously operating in this or any other city, county, state or territory, has ever had similar license or permit issued by such agency revoked or suspended, or has had any professional, vocational or business license or permit revoked or suspended, and the reason or reasons therefor;

M. 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 traffic offense), stating the date, place, nature and sentence of each such conviction;

N. If the applicant(s) 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 of the stock in the corporation;

O. If the applicant(s) is a partnership, the applicant(s) shall set forth the names, residence addresses and dates of birth of each of the partners;

P. If the applicant(s) is a limited partnership, the applicant(s) shall furnish a copy of the certificate of limited partnership as filed with the county clerk;

Q. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply;

R. The corporation or partnership applicant(s) shall designate one 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 application fee shall be charged;

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

T. A set of fingerprints of the applicant(s) shall be taken by the police department of the city and shall be made a part of the application;

U. Such other identification or fingerprinting 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.

(Ord. 1004 § 1 (part), 1983)

The operator or applicant shall post, on the premises where the services are to be located, a sign within five days of the filing of the application. The form and placement of the sign shall be determined by the director of finance. The sign shall be continuously posted in a conspicuous place on the front of the premises until the city council has acted on the application.

(Ord. 1004 § 1 (part), 1983)

A. Upon the filing of any application pursuant to this chapter, the director of finance shall forward same to the chief of police. The chief of police shall be the investigating officer and shall forward copies of the application to all appropriate departments within the city that may be involved in the application. The chief of police shall investigate the applicant(s) for the permit.

B. Upon completion of the investigation, the chief of police shall make a report to the city council.

C. The chief of police shall take into consideration the general welfare of the city and in that connection shall report to the city council the following:

1. All of the information required by the permit application;

2. The potential for noise in the area;

3. The potential for nuisance in the area;

4. Any possible health, safety or police problems;

5. Any other facts or information that the chief of police determines is necessary for evaluation of the permit in regards to the general welfare of the residents of city.

D. The chief of police in his report may recommend approval, conditional approval or denial and the reasons therefor. In the event of a conditional approval, the chief of police shall specify the conditions under which approval is recommended by this office.

(Ord. 1004 § 1 (part), 1983)

A. The council will act on the application within a reasonable length of time after the receipt of the report from the chief of police. The applicant(s) shall be notified of the date the council will take action and will receive copies of all reports submitted to the city council.

B. The council shall hear any and all persons in connection with the application and receive any and all reports submitted in connection with the application.

C. The council in acting upon the application shall take into consideration the general welfare of the residents of the city.

D. The council shall approve, conditionally approve or deny the application.

E. The council may designate such conditions in connection with the permit as it deems necessary to secure the purposes of this chapter, and may require guarantees and evidence that such conditions are being or will be complied with.

F. The council shall not issue any permits for the operation of the business except in a C-1 or C-2 zone.

G. In the event that the council denies or conditionally approves any permit, the council shall adopt findings as to the reasons for such denial or conditional approval.

(Ord. 1004 § 1 (part), 1983)

The term of any permit issued under this chapter, unless sooner suspended or revoked, shall be for a period of one year from the date the city council approves the permit.

(Ord. 1004 § 1 (part), 1983)

A. Any permit issued pursuant to this chapter, which has not been suspended or revoked, may be renewed by the city council for a period not to exceed one year.

B. Any application for renewal of a permit shall be filed ninety days prior to the expiration date of the current valid permit.

C. The application for a renewal permit shall contain all of the information required for the original permit and shall be processed in accordance with the provisions of this chapter.

(Ord. 1004 § 1 (part), 1983)

A. No holder of an escort bureau or introductory service permit shall employ as an escort any person under eighteen years of age.

B. No holder of an escort bureau or introductory service permit shall furnish any escort or introductory service to, or accept employment from any patron, customer or person to be escorted, who is under eighteen years of age, except at the special instance and request of a parent, guardian or other person in lawful custody of the person upon whose behalf the escort or introductory service is engaged.

C. No person(s) granted a permit pursuant to this chapter shall operate under any name or conduct a business under any designation or for any location not specified in the permit.

D. No person granted a permit pursuant to this chapter shall operate a call-forwarding telephone system. The telephone numbers shall be installed and operated at the address listed on the application and shall be answered at same.

E. No person while acting as an escort or in an escort bureau or introductory service shall engage in any type of criminal conduct with a customer of the escort bureau or introductory service.

F. No person who is a patron of an escort bureau or introductory service shall place or cause to be placed in the daily record a false name or address.

(Ord. 1004 § 1 (part), 1983)

A. Every person who engages in, conducts or carries on the operation of an escort bureau or introductory service shall keep a daily record, approved as to form by the chief of police, containing the following information:

1. The identification of all escorts used by such establishment together with a duplicate of each of the escorts' permit;

2. The hours of employment of each escort for each day; and

3. The names of all patrons, including true full names, residential addresses, including street, city and state, hours of employment of escort service, name of escort providing escort services, location and place where escort services took place, and fee charged.

B. The records shall at all times during business hours be subject to inspection by the chief of police and shall be kept on file for one year on the premises.

(Ord. 1004 § 1 (part), 1983)

It is 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 operator of the escort bureau or introductory service of the escort, who must in turn also hold a valid escort bureau or introductory service permit issued by the city pursuant to the provisions of this chapter.

(Ord. 1004 § 1 (part), 1983)

Each applicant for an escort permit, or renewal thereof, shall furnish the information required by Section 5.50.040, subsections (A), (D), (E), (F), (G), (H), (I), (J), (K), (L), (M) and (T) of this chapter, and shall in addition furnish the following information:

A. A certificate from a medical doctor licensed to practice in the state of California, stating that the applicant has within thirty days immediately preceding the date of the application been examined and found to be free of any contagious or communicable diseases;

B. Satisfactory evidence that the applicant is employed, or has been offered employment, by an escort bureau or introductory service 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 the permit;

C. 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.

(Ord. 1004 § 1 (part), 1983)

A. At the time of submitting the 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 finance to defray, in part, the investigation report required by this chapter.

B. Every applicant for a permit for either an escort bureau, introductory service or escort shall pay a permit fee, annually in advance, on the anniversary date of the original permit for the escort bureau, introductory service or escort. The amount of the fee shall be set by the city council by resolution.

C. Payment for permit or license fee under this chapter shall not excuse applicant from payment of license tax under the provisions of Chapter 5.16.

(Ord. 1004 § 1 (part), 1983)

A. Neither the filing of an application for a permit, or a renewal thereof, nor payment of application or renewal fee shall authorize the conducting of an escort bureau or introductory service or to act as an escort until such permit has been granted or renewed.

B. In the event that there is any change in the location, addresses or telephone numbers of any of the applicants for any permits herein, the party involved shall inform the chief of police or his representative of such change within forty-eight hours of such change.

C. Upon the sale or transfer of any interest in an escort bureau or introductory service the permit shall immediately become null and void. Any permit issued hereunder is personal to the person obtaining same. Any transfer of stock in a corporation or change of the officers or directors of a corporation shall be deemed to be a sale or transfer of any interest and the permit shall become immediately null and void upon such sale or transfer.

(Ord. 1004 § 1 (part), 1983)

Where exceptional conditions, practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this chapter may result from the strict application of provisions thereof, a variance may be granted as follows:

A. Application for variance shall be made on a prescribed form, and shall be accompanied by a nonrefundable filing fee to be established by resolution by the city council, and a complete and specific description of the reason for the request for a variance. The application for a variance may be filed at the same time as the application for a permit is filed.

B. A hearing shall be held within sixty days after the filing of the application and notice of the hearing shall be given to the applicant(s) at the last known address.

C. Within thirty days after the hearing, the city council shall approve, conditionally approve or deny the application, and shall notify the applicant(s) in writing of its determination.

D. The city council may designate such conditions in connection with the variance requested as it deems necessary to secure the purposes of this chapter, and require guarantees or evidence that such conditions are being or will be complied with.

E. The failure of the city council to act upon any application for a variance within the time limitations of this section shall be deemed to be a denial of such application.

(Ord. 1004 § 1 (part), 1983)

A. The city council may revoke any permit issued under this chapter on a showing that the applicant has violated any of the conditions or provisions of this chapter or any other laws of the city or the state in connection with the applicant's permit to operate an escort bureau, introductory service or act as an escort.

B. The city council shall set the matter for hearing and shall give the applicant(s) not less than fourteen days' notice of the date set for the hearing.

C. At least ten days in advance of the hearing date, the applicant(s) shall be supplied with a statement of the facts constituting the basis of the request for revocation and any ordinance or laws violated.

D. At the hearing, the city council may revoke the permit or may authorize a continuance of the permit upon such additional conditions that it may deem necessary in view of the facts presented to it at the hearing; or the city council may authorize the continuance of the permit without conditions. The city council shall make findings in connection with any denial or approval of the permit with additional conditions.

(Ord. 1004 § 1 (part), 1983)

The applicant(s) may waive the time limitations set forth in this chapter, either orally or at a meeting of the city council, or in writing, addressed to the city council.

(Ord. 1004 § 1 (part), 1983)

In addition to the criminal penalties provided for herein, a violation of any of the provisions of this chapter or any conditions caused or permitted to exist in violation of any of the provisions of this chapter or of the per it issued may be enjoined as a public nuisance by the city.

(Ord. 1004 § 1 (part), 1983)

All premises required to obtain a permit pursuant to this chapter must obtain a permit within sixty days of the effective date of the ordinance codified in this chapter. Failure to do so shall make continued operation of the escort bureau, introductory service or acting as an escort a violation of this chapter.

(Ord. 1004 § 1 (part), 1983)