Irvine Municipal Code Ch. 7 Escort Bureaus and Introductory Services

Unless the particular provision or context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

Escort means any person who, for pecuniary compensation:

A. 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 or without the City; or

B. 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

C. 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.

(Code 1976, § II.M-1201; Ord. No. 88-15, § 2, 6-28-88)

It shall be unlawful for any person, association, partnership, or corporation to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City of Irvine, the operation of an escort bureau or introductory service as herein described, without first having obtained a permit issued by the City of Irvine pursuant to the provisions hereinafter set forth. A permit under this section shall be valid for 12 months from the date of issuance unless revoked or suspended. The permit required shall be in addition to any business license required by City ordinance.

(Code 1976, § II.M-1202; Ord. No. 88-15, § 2, 6-28-88)

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.

(Code 1976, § II.M-1203; Ord. No. 88-15, § 2, 6-28-88)

A. Any person, corporation, or partnership desiring to obtain a permit to operate an escort bureau or introductory service shall make application to the Director of Public Safety or his or her authorized representative. Prior to submitting such application, a nonrefundable fee as established by resolution of the City Council, which may be amended from time-to-time, shall be paid to the Business License Division to help defray the costs of investigation and report required by this chapter. A copy of the said receipt shall accompany the application.

B. The application and fee required under this section shall be in addition to any license, permit, or fee required under any other chapter of this Code.

C. The application for permit does not authorize conducting an escort bureau or introductory service until such permit has been granted.

D. Each applicant for a permit shall submit the following information:

1. The full true name under which this business will be conducted.

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

3. The applicant's full, true name, any other names used, date of birth, California driver's license number or California identification number, social security number, present residence address and telephone number; and the sex, height, weight, color of hair, and color of eyes.

4. Previous residences of the applicant for five years immediately preceding the date of the application, and the inclusive dates of each such address.

5. The applicant's business, occupation, and employment history for five years preceding the date of application, and the inclusive dates of same.

6. The permit history of the applicant; whether such person has ever had any permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was revoked or suspended; or if a vocational or professional license or permit was issued, revoked, or suspended; and the reason therefor.

7. All convictions for any crime involving conduct which requires registration under any State law similar to and including California Penal Code § 290, or of conduct which is a violation of the provisions of any State law similar to and including California Penal Code §§ 314, 315, 316, 318 and 647, or any crime involving dishonesty, fraud, deceit, or moral turpitude.

8. A complete definition of all services to be provided.

9. The name, address, and date of birth of each escort or employee who is or will be employed in said establishment.

10. The name and address of any escort bureau or introductory service or other like establishment, owned or operated by any person whose name is required to be given pursuant to this section wherein the business of escorting is carried on.

11. Acceptable written proof that the applicant is at least 18 years of age.

12. 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 and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation.

13. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of Subsection D.12 pertaining to corporate applicants shall apply.

14. A corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual applicant under this chapter; only one application fee shall be charged. The corporation's or partnership's responsible managing officer must at all times meet all of the requirements set for permittees by this chapter or the corporation or partnership permit shall be suspended until a responsible managing officer who meets such requirements is designated. If no such person is found within 90 days, the corporation or partnership permit is deemed canceled and a new initial application for permit must be filed.

15. The Director of Public Safety or his or her authorized representative may require the applicant to furnish fingerprints when needed for the purposes of establishing identification. Any required fingerprinting fee will be the responsibility of the applicant.

16. Two photographs of the applicant, to be taken by the Department of Public Safety.

17. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant.

18. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must include a copy of the lease and be accompanied by a notarized acknowledgment from the owner of the property that an escort bureau or introductory service will be located on his or her property.

19. Authorization for the City of Irvine, its agents and employees, to seek information and conduct an investigation during the procedure of applying for an escort bureau or introductory service establishment permit.

E. The applicant shall submit any change of address or fact which may occur during the procedure of applying for an escort bureau or introductory service establishment permit.

F. The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the Department of Public Safety of the City of Irvine and produce proof that the application fee has been paid and shall present the application containing the required information as described in this section.

G. The Director of Public Safety or his or her authorized representative shall have 60 days to investigate the application and the background of the applicant. Upon the completion of the investigation, the Director of Public Safety shall grant the permit if he or she finds:

1. The required fee has been paid.

2. The application conforms in all respects to the provisions of this chapter.

3. The applicant has not made a material misrepresentation in the application.

4. The applicant, if an individual, or any of the stockholders, officers or directors of the corporation, if the applicant is a corporation, or any partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under any State law similar to and including California Penal Code § 290, or of conduct which is a violation of the provisions of any State law similar to and including California Penal Code §§ 314, 315, 316, 318 and 647, or any other crime involving dishonesty, fraud, deceit, or moral turpitude.

5. The applicant has not had an escort bureau or introductory service establishment or escort permit, or other similar permit or license denied, revoked, or suspended by the City of Irvine, or any other State or local agency prior to the date of approval.

6. The escort bureau or introductory service as proposed by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.

7. The applicant is at least 18 years of age.

H. If the Director of Public Safety or his or her authorized representative, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this section, he or she shall deny said application by dated written notice of the applicant. The applicant shall have the right to appeal as set forth in Section 2-10-720.

(Code 1976, § II.M-1204; Ord. No. 88-15, § 2, 6-28-88)

No person shall engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, any escort bureau or introductory service unless each and all of the following requirements are met:

A. Each person employed or acting as an escort shall have a valid permit issued by the Director of Public Safety or his or her authorized representative. It shall be unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of an escort bureau or introductory service to employ or permit a person to act as an escort as defined in Section 2-10-701 who is not in possession of a valid, unrevoked escort permit issued pursuant to this chapter, and carried on their person during business hours.

B. The possession of a valid escort bureau permit does not authorize the possessor to perform work for which an escort permit is required.

C. A list of services available and the cost of such services shall be posted in an open public place within the premises, or in the case of an out-call escort, carried upon the person of the escort, and shall be described in readily understandable language. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no escort shall offer or perform, any service other than those posted.

D. No holder of an escort bureau or introductory service establishment permit shall employ as an escort any person under 18 years of age.

E. The escort bureau or introductory service permit and a copy of the permit of each and every escort employed in the establishment shall be displayed in an open and conspicuous place on the premises.

F. Every escort bureau and introductory service establishment shall keep a written record of the date and hour of each service; the name and address of each patron; the name of the escort, and the type of service provided. Such written record shall be maintained on the form provided by the Director of Public Safety from time-to-time. Such records shall be open to inspection only by officials charged with enforcement of this chapter and for no other purpose, including use of the file by owners and employees of the establishment. Any unauthorized disclosure or use of such information by any officer or employee of the City of Irvine, or the County of Orange, or the owner or employee of the massage establishment shall constitute a misdemeanor and such persons shall be subject to the penalty of the provisions of this chapter in addition to any other penalties provided by law. Such records shall be maintained on the premises of the escort bureau or introductory service for a period of two years.

G. No escort bureau or introductory service establishment granted a permit under this chapter shall place, publish, or distribute or cause to be placed, published, or distributed any advertising that would reasonably suggest to prospective patrons that any service is available other than those services described in Section 2-10-701 of this chapter; nor shall any escort bureau or introductory service employ language in the text of such advertising that would reasonably suggest to prospective patrons that any service is available other than those services as described in Section 2-10-701 of this chapter.

(Code 1976, § II.M-1205; Ord. No. 88-15, § 2, 6-28-88)

The City of Irvine's Directors of Public Safety and Public Works, or their authorized representatives, and the Orange County Health Department, shall have the right to enter the escort bureau or introductory service establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with the provisions of this chapter.

(Code 1976, § II.M-1206; Ord. No. 88-15, § 2, 6-28-88)

No escort bureau or introductory service permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persons; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit, and such permit shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without affecting a surrender or termination of such permit, and in each case the permit shall thereafter be deemed the surviving partner(s). If the escort bureau or introductory service permit is issued to a corporation, stock may be sold, transferred, issued or assigned to stockholders who have been named on the escort bureau or introductory service application. If any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the escort bureau or introductory service permit shall be deemed terminated and void.

(Code 1976, § II.M-1207; Ord. No. 88-15, § 2, 6-28-88)

A. A change of location of the aforementioned and described premises may be approved by the Directors of Public Safety and Community Development, or their authorized representatives, provided all ordinances and regulations of the City of Irvine are complied with.

B. No permittee shall operate under any name or conduct any establishment under any designation not specified in the permit.

C. Any change in location will require a new conditional use permit.

(Code 1976, § II.M-1208; Ord. No. 88-15, § 2, 6-28-88)

A. The words and phrases defined in the definition of "escort" in Section 2-10-701 of this chapter shall have the same meanings when used in this section.

B. No person shall engage in the business of acting or act as an escort within the City unless such person holds a valid escort permit issued by the City of Irvine. Each escort permit holder shall be issued a photo identification card which will also serve as an escort permit. The permit holder shall carry such ID on his or her person during business hours. Each permit holder shall immediately surrender to the Director of Public Safety or his or her authorized representative any escort permit issued by the City upon the suspension, revocation, or expiration of such permit.

C. A permit under this section shall be valid for 12 months from the date of issuance unless revoked or suspended.

(Code 1976, § II.M-1209; Ord. No. 88-15, § 2, 6-28-88)

A. Each applicant for an escort permit shall make application under penalty of perjury to the Director of Public Safety or his or her authorized representative. Prior to submitting an application, a nonrefundable fee of as established by resolution of the City Council, which may be amended from time-to-time, will be paid to the Business License Division to help defray the costs of investigation and report required by this chapter. A copy of said receipt shall accompany the application.

B. Permit fees required under this section shall be in addition to any license, permit, or fee required under any other section or ordinance of this Code.

C. The application for an escort permit does not authorize the applicant to act as an escort until such permit has been granted.

D. Each application for an escort permit shall submit the following information under penalty of perjury:

1. Each and every fact or inquiry set forth in Section 2-10-704D.1—8.

2. A certificate from a medical doctor licensed to practice in the State of California stating the applicant has within 30 days immediately preceding the date of application been examined and found to be free of any contagious or communicable disease.

3. The escort bureau or introductory service establishment's full name and address and telephone number, at which the applicant will be employed. If during the life of a permit the applicant has any change in information concerning his or her original application, he or she must notify the Director of Public Safety, in writing, within 30 days of the change.

4. Such other identification and information as the Director of Public Safety may require in order to discover the truth of the matters herein specified as required to be set forth in the application.

5. Two photographs of the applicant to be taken by the Department of Public Safety.

6. The Director of Public Safety or his or her authorized representative may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. Any required fingerprinting fees will be the responsibility of the applicant.

E. Authorization to the Director of Public Safety or his or her authorized representative that they shall have 60 days in which to investigate the application and background of the applicant. Upon termination of the investigation, the Director of Public Safety or his or her authorized representative shall approve or deny said application in writing.

F. The Director of Public Safety or his or her authorized representative upon completion of his or her investigation may grant the permit if he or she finds in accordance with Section 2-10-704G.1—7.

G. If the Director of Public Safety or his or her authorized representative, following investigation of the applicant, deems that the applicant does not fulfill the requirements of this chapter, he or she shall deny said application by dated, written notice. Any applicant for a permit who is refused a permit by the Director of Public Safety or his or her authorized representative may appeal the denial to the City Manager, as set forth in Section 2-10-720.

(Code 1976, § II.M-1210; Ord. No. 88-15, § 2, 6-28-88)

Escort bureaus and introductory service establishments and escorts licensed under this chapter shall have 30 days from the date of expiration to renew their permit(s). If upon the 31st day an application of renewal has not been received, the permit shall be deemed suspended until such time as the renewal application has been received and approved by the Director of Public Safety or his or her authorized representative. Approval shall be contingent upon satisfactory compliance with all pertinent sections of this chapter, including a current medical clearance. A renewal fee of one-half the original fee shall be charged to pay, in part, the cost of investigation required by this chapter.

(Code 1976, § II.M-1211; Ord. No. 88-15, § 2, 6-28-88)

A. The holder of a permit to operate an escort bureau or introductory service establishment shall notify the Director of Public Safety, in writing, of the name and address of each person employed as an escort at such establishment within five business days of that person's being employed.

B. The requirements of this section are in addition to the other provisions of this chapter; and nothing contained herein shall relieve the permittee of the responsibility of ascertaining, prior to employment, whether said person has a current unrevoked escort permit.

C. If, during the life of a permit, the applicant has any change in information concerning his or her original application, he or she must notify the Director of Public Safety, in writing, within 30 days of the change.

(Code 1976, § II.M-1212; Ord. No. 88-15, § 2, 6-28-88)

It shall be unlawful for an escort to violate the provisions of California Penal Code §§ 647(a) and 647(b) or any other State law involving a crime of moral turpitude.

(Code 1976, § II.M-1214; Ord. No. 88-15, § 2, 6-28-88)

The Director of Public Safety or his or her authorized representative shall revoke the escort permit of any person holding same, upon receiving satisfactory evidence that the permittee has been convicted of or entered a plea of guilty to any violation of the provisions of this section or who has plead guilty to any lesser included offense. Further, the Director of Public Safety or his or her authorized representative may revoke an escort permit upon receiving satisfactory evidence that the permittee has made a material misrepresentation on the permit application or has violated any provisions of this chapter. The action of the Director of Public Safety or his or her authorized representative is appealable by the permittee to the City Manager. Such appeal must be made in accordance with Section 2-10-720 of this chapter. The Department of Public Safety will provide the permittee with written notice by certified mail addressed to the street address of the escort as listed on the application.

(Code 1976, § II.M-1215; Ord. No. 88-15, § 2, 6-28-88)

The Director of Public Safety or his or her authorized representative shall revoke an escort bureau or introductory service establishment permit upon receiving satisfactory evidence that the permittee or his or her employee, representative, or agent has made material misrepresentation on the permit application or has violated any provisions of this chapter. When the grounds for revocation under this section are that the permittee permitted immoral, improper, or otherwise objectionable conduct, actual knowledge of the permittee of any act or omission is not required to be shown in order to justify such revocation. The action of the Director of Public Safety or his or her authorized representative is appealable by the permittee to the City Manager. Such appeal must be made in accordance with Section 2-10-720. The Department of Public Safety will provide the permittee with written notice by certified mail addressed to the street address of the escort bureau or introductory service establishment.

(Code 1976, § II.M-1216; Ord. No. 88-15, § 2, 6-28-88)

A. The permittee, within 15 days after receipt of notice of revocation, may file an appeal with the City Clerk to be taken to the City Manager or his or her designee. In the event an appeal is filed within the 15-day time frame, a suspension shall be in effect until the final decision has been rendered by the City Manager or his or her designee.

B. If the permittee fails to make an appeal within the 15-day filing period provided herein, revocation shall take effect immediately upon expiration of such filing period. No permit shall be revoked until after a hearing shall have been held before the City Manager or his or her designee to determine good cause for such revocation, or the 15-day appeal filing period has lapsed. It is unlawful for any person to conduct an escort bureau or introductory service or carry on the business of an escort until the revoked permit has been reinstated by the City Manager or his or her designee.

C. Notice of such hearing shall be given in writing and mailed at least 10 days prior to the date of the hearing by certified mail addressed to the business address listed on the escort service or introductory service application.

D. The notice shall state the grounds of complaint and shall state the time and place where such hearing will be held.

E. After said hearing, the City Manager or his or her designee shall render a written decision within 10 working days from the date the matter is submitted for decision. The action of the City Manager or his or her designee shall be final and conclusive.

(Code 1976, § II.M-1217; Ord. No. 88-15, § 2, 6-28-88)

Unless otherwise specifically provided by law, the burden is on the permittee/applicant in any hearing under this chapter to prove that the determination of the Director of Public Safety or his or her authorized representative which he or she is appealing is unreasonable, erroneous, or clearly abusive of discretion.

(Code 1976, § II.M-1218; Ord. No. 88-15, § 2, 6-28-88)

A. Violation of any provision of this chapter is a misdemeanor and is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. Revocation of a license or permit or certificate shall not be a defense against prosecution.

B. Any escort bureau or introductory service operated, conducted, or maintained contrary to the provisions of this chapter shall 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 and enjoinment thereof, in a manner provided by law.

(Code 1976, § II.M-1219; Ord. No. 88-15, § 2, 6-28-88)