Fullerton Municipal Code Ch. 7.140 Escort Bureau and Introductory Services

It is the purpose and intent of the City Council by the adoption of this chapter that the operation of an escort bureau or introductory service, 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 the peace and welfare of the community.

(Ord. 2456, passed - -1983)

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

BUSINESS or COMMERCE. As defined in § 15.04.040 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;

(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.

INTRODUCTORY SERVICE. 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. 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 or introductory service.

(Ord. 2456, passed - -1983)

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 or introductory service, 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 or introductory service is to be established.

(Ord. 2456, passed - -1983)

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

(Ord. 2456, passed - -1983)

An escort bureau or introductory service 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 year on written application to the Chief of Police made at least 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 § 7.140.070 and shall be processed in accordance with the provisions of this chapter.

(Ord. 2456, passed - -1983)

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.

(Ord. 2456, passed - -1983)

(A) Any person desiring to obtain a permit, or renew an existing permit, to operate an escort bureau or introductory service, shall make application to the Chief of Police or his or her designated repre- sentative. 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 Finance 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 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 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 or introductory service until such permit has been granted or renewed.

(C) Each applicant for an escort bureau or introductory service 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-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 18 years of age;

(8) The applicant’s height, weight, color of eyes and hair and date of birth;

(9) Two photographs of the applicant, 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;

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

(11) The permit history of the applicant, for the five-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, and the reason or reasons therefor;

(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 traffic offense), stating the date, place, nature and sentence of each 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 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 or more of the partners is a corporation, the provisions of this division (C)(13) pertaining to corporations shall apply. The corporation or partnership applicant 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;

(14) 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;

(15) A full and detailed definition of the service to be provided;

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

(17) 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, 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 containing the information and supporting documentation required by division (C) above.

(E) 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.

(F) When any change occurs regarding the written information required by division (C) above 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 24 hours 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.

(H) The Chief of Police, within 90 days after receiving the application, 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 has fully cooperated in the investigation of the application;

(5) The applicant if an individual; or any of the directors, officers or stockholders holding more than 5% of the stock of the corporation; or any of the partners, including limited partners, the holder of any lien of any 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 be an escort or to provide escort services; has not been convicted or pleaded nolo contendere or guilty of 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 Cal. Penal Code §§ 290, 311.2 through 311.7, 314 through 318 and 647(a), (b), (c), (d) or (h), 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 of 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 or a plea of nolo contendere or guilty, will be considered imputed to the principal and shall be grounds for permit denial);

(6) The applicant has not 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;

(7) The escort bureau or introductory service, 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

(8) The applicant, manager or other person principally in charge of the operation of the business is at least 18 years of age.

(I) (1) If the Chief of Police does not find that all of the requirements set forth in divisions (H)(1) through (H)(8) above 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 Chief of Police, written notice of such denial shall be given 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 U.S. mail with postage prepaid and addressed to the applicant at the residence address set forth in the application for the permit or renewal thereof.

(2) Any applicant whose application for an escort bureau or introductory service permit, or renewal thereof, has been denied by the Chief of Police, may appeal such denial to the City Manager within 20 days of such denial.

(Ord. 2456, passed - -1983)

(A) No holder of an escort bureau or introductory service permit shall employ as an escort any person under 18 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 18 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.

(Ord. 2456, passed - -1983)

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 or introductory service permit issued by the city pursuant to the provisions of this chapter.

(Ord. 2456, passed - -1983)

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

(Ord. 2456, passed - -1983)

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 year on written application to the Chief of Police made at least 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 § 7.140.130 and shall be processed in accordance with the provisions of this chapter.

(Ord. 2456, passed - -1983)

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 suspension, revocation or expiration of such permit, or upon leaving employment as an escort.

(Ord. 2456, passed - -1983)

(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 Finance 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 to the Chief of Police at the time such application is filed. Permit fees required under this chapter shall be in addition to any 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 § 7.140.070(C)(1) through (C)(12), and shall, in addition, furnish the following information:

(1) A certificate from a medical doctor licensed to practice in the state, stating that the applicant has within 30 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; and

(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.

(D) The Chief of Police may require the applicant to appear in person at the Police Department in order to be photographed and fingerprinted.

(E) The Chief of Police shall have a reasonable period of time in which to investigate the application and background of the applicant.

(F) The Chief of Police, within 90 days after receiving the application, shall grant the permit, or renewal thereof, only if he or she finds that all of the requirements of § 7.140.070(H)(1) through (H)(4) have been met, and, in addition, if he or she finds that the following additional requirements have been met:

(1) The applicant has furnished an acceptable medical certificate in compliance with division (C)(1) above;

(2) The applicant has not 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 years immediately preceding the date of the filing of the application;

(3) The applicant is at least 18 years of age; and

(4) The applicant has not 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 Cal. Penal Code §§ 290, 311.2 through 311.7, 314 through 318, and 647(a), (b), (c), (d) or (h), or any offenses involving pimping, pandering, prostitution or lewd conduct.

(G) If the Chief of Police does not find that all of the requirements set forth in division (F) above have been met, he or she shall deny the application for the permit or renewal thereof. In the event the application for the permit, or renewal thereof, is denied by the Chief of Police, written notice of such denial shall be given 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 U.S. 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 Chief of Police may appeal such denial to the City Manager within 20 days of such denial.

(H) When any change occurs regarding the written information required by division (C) above, the applicant or permit holder, as the case may be, shall give written notification of such change to the Chief of Police within 24 hours after such change.

(Ord. 2456, passed - -1983)

No holder of an escort permit shall escort, offer to escort or perform any activity described in this chapter to any person under 18 years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person on whose behalf the escort or introductory service is engaged.

(Ord. 2456, passed - -1983)

Upon the sale or transfer of any interest in an escort bureau or introductory service, 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 or introductory service. 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 or introductory service, as well as any permit which may thereafter be granted, shall be subject to the provisions of this chapter.

(Ord. 2456, passed - -1983)

(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 this 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 Director of Administrative Services. 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.

(Ord. 2456, passed - -1983)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and be punishable by a fine of not more than $500 or by imprisonment for not more than six 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.

(Ord. 2456, passed - -1983)

If the Chief of Police finds that any person holding an escort bureau or introductory service permit under the provisions of this chapter has violated any of the provisions of this chapter or conducts such business in such a manner as would have been grounds for denial of a permit as set forth in § 7.140.070(H), or if the Chief of Police 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 § 7.140.130(F), he or she may suspend or revoke the permit. No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation to the City Manager within 20 days of such suspension or revocation. Notification of the permit holder 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 Manager. Otherwise, the suspension or revocation shall become effective after the timely appeal period has expired.

(Ord. 2456, passed - -1983)

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

(Ord. 2456, passed - -1983)

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.

(Ord. 2456, passed - -1983)