Fountain Valley Municipal Code Ch. 4.65 Escorts, Escort Bureaus and Introductory Services

"Business"

means that term as defined in Section 4.04.020.

"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; 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"

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

"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.

"Pecuniary compensation"

means any commission, fee, gratuity, hire, profit, reward, or any other form of consideration.

"Person"

means any natural person, firm, partnership, corporation or association.

"Profit interest"

means any interest or share in the present or prospective profit of an escort bureau or introductory service.

(Ord. 1181 § 1, 1992)

The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to a person in a lawful business of an employment agency licensed under the laws of the state.

(Ord. 1181 § 1, 1992)

Activities of an escort bureau or introductory service regulated hereunder include the receipt or dissemination of information via telephone, mail, or other communication system or device solely or in conjunction with other activities in the furtherance of the conduct or carrying on of an escort bureau, introductory service, or activities of an escort. A separate permit shall be required for each location within the city at which the activities of an escort bureau or introductory service are to be conducted or carried on. Such permit shall be prominently displayed in the reception area, lobby, foyer, or entryway of each such business location within the city.

(Ord. 1181 § 1, 1992)

In addition to the general application information required by Section 4.04.070 and the payment of the required application fee as required by Section 4.02.040, specific application information for an escort, escort bureau or introductory service permit is required. The specific application information is as follows:

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

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

(3) Two photographs of the applicant, at least two inches by two inches in size, taken within the sixmonth period immediately preceding the date of filing of the application;

(4) The business, occupation, or employment history of the applicant for the three-year period immediately preceding the date of the filing of the application;

(5) In the event the applicant is not the owner of record of the real property upon which the escort bureau or introductory service is or is to be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that an escort bureau or introductory service is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the escort bureau or introductory service is or will be located;

(6) A definition of the service to be provided;

(7) The true names and residential addresses of all persons employed or intended to be employed or contracted with as escorts;

(8) 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;

(9) The applicant, if a natural person, 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 this section;

(10) The chief of police may require the applicant, if a natural person, 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 fingerprinted;

(11) When any change occurs regarding the written information required by 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 twenty-four hours after such change;

(12) The applicant's height, weight, color of eyes, color of hair, and date of birth.

(Ord. 1181 § 1, 1992)

The license collector, after review and investigation, may grant or deny a permit application. Within sixty days after the receipt of the application, the license collector shall mail to the applicant, postage prepaid, notice as to whether the permit has been granted or denied. If the license collector should deny the application, the notice shall also inform the applicant as to the reasons why the permit was denied and inform the applicant of their right to an administrative hearing before the city manager as provided in this chapter. A permit for an escort bureau or introductory service may be denied for the following reasons:

(1) The applicant, if an individual, or any of the directors, officers, or stockholders holding more than five percent of the stock of the corporation, any of the partners, the holder of any lien of any nature or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed escort bureau or introductory service, or a natural person employed or contracted with to an escort or to provide escort services, has been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d), or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct; or has permitted, through an act of omission or commission, his or her employee or agent to engage in any type or moral turpitude or sexual misconduct offense, whether misdemeanor or felony (under such circumstances, the conduct of the employee or agent, if such resulted in a conviction of a plea or nolo contendere or guilty, will be considered imputed to the principal and shall be grounds for permit denial);

(2) The applicant has had an escort bureau, introductory service or escort permit or other similar license or permit denied or suspended or revoked for cause by the city or any other city or county located in or out of this state within the five-year period immediately preceding the date of the filing of the application;

(3) That any person acting in the capacity of an escort and who holds a permit for that purpose is not at least eighteen years of age.

(Ord. 1181 § 1, 1992)

In addition to the general permit information required by Section 4.04.070 and the payment of the application fee as required by Section 4.02.040, specific application information for an escort permit is required as follows:

(1) A certificate from a medical doctor licensed to practice in the state, 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 disease;

(2) 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 said permit;

(3) 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;

(4) The chief of police may require the applicant to appear in person at the police department in order to be photographed and fingerprinted; and

(5) That any person acting in the capacity of an escort and who holds a permit for that purpose is at least eighteen years of age.

(Ord. 1181 § 1, 1992)

In addition to the general grounds for permit denial stated in Section 4.04.090, an escort permit shall be denied if:

(a) The applicant does not furnish an acceptable medical certificate as described in Section 4.65.060; or

(b) The applicant has had an escort bureau, introductory service, escort permit or other similar license or permit denied, suspended or revoked by the city or any other city or county located in or out of this state within five years immediately preceding the date of the filing of the application; or

(c) The applicant is less than eighteen years of age; or

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

(Ord. 1181 § 1, 1992)

(a) An escort bureau or introductory service permit issued under the provisions of this chapter may be revoked or suspended if the person holding such permit has conducted such business in such a manner as would have been grounds for denial of a permit as set forth in Section 4.65.050.

(b) An escort permit issued under the provisions of this chapter may be revoked or suspended if the person holding such permit is found to be engaging in behavior or actions which would have been grounds for denial of a permit as set forth in Section 4.65.065.

(c) Whenever a permit has been revoked under the provisions of this chapter, no other application for a permit to carry on a similar business by such person shall be considered for a period of five years from the date of such revocation.

(Ord. 1181 § 1, 1992)

Upon the sale or transfer of any interest in any escort bureau or introductory service, the permit shall immediately become null and void. A new application shall be made and an application fee paid by any person, firm or entity desiring to own or operate the escort bureau or introductory service. Any application involving the sale or transfer of any interest in an existing escort bureau or introductory service, as well as any permit which may thereafter be granted, shall be subject to the provisions of this chapter.

(Ord. 1181 § 1, 1992)

(a) A change of location of any premises or real property where a permitted escort bureau or introductory service is conducted may be approved by the chief of police provided all requirements of the chapter and all ordinances and regulations of the city are complied with and a change of location fee as established by resolution of the city council is deposited with the license collector. Application for such change shall be made within three days of such change.

(b) No permit holder shall operate an escort bureau or introductory service under any name or designation not specified in the permit.

(c) Any change of information that appears on the permit applications for any escort bureau, introductory service or escort shall be submitted in writing to the chief of police within twenty-four hours of such a change.

(Ord. 1181 § 1, 1992)

(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, or other person in lawful custody of the person upon whose behalf the escort or introductory service is engaged.

(Ord. 1181 § 1, 1992)

Each escort permit holder shall be issued an identification card which will also service 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 suspension, revocation, or expiration of such permit, or upon leaving employment as an escort.

(Ord. 1181 § 1, 1992)

No holder of an escort permit shall escort, offer to escort or perform any activity described in this chapter to any person under eighteen years of age, except at the special instance and request of a parent, or other person in lawful custody of the person upon whose behalf the escort or introductory service is engaged.

(Ord. 1181 § 1, 1992)

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

(Ord. 1181 § 1, 1992)

Each business subject to a permit under the provisions of this chapter shall be open at all times during business hours to inspection by members of the Fountain Valley police department. In addition, there shall be prominently displayed in the lobby, foyer, or entryway of each such business, a printed sign with lettering no less than three-quarter inches in height, stating "The Fountain Valley Police Department has a right to inspect these premises at any time during hours of operation."

(Ord. 1181 § 1, 1992)