Kern County Municipal Code Ch. 5.28 Escort Bureaus

The provisions of this chapter shall be applicable to all persons and businesses described in this chapter whether the herein described activities were established before or after the effective date of the ordinance enacting this chapter into law. All such persons and businesses shall have sixty (60) days from said effective date to comply with the provisions of this chapter.

(Prior code § 6760.32)

The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to a bona fide, state licensed employment agency as defined in California Business and Professions Code Section 9902, existing primarily for the purpose of locating employment for persons seeking such, and not for the primary purpose of providing entertainment or companionship.

(Prior code § 6760.36)

As used in this chapter:

A. "Escort" means anyone who, for a fee, salary, commission, reward, gratuity or profit, accompanies or makes himself or herself available to accompany any other person for companionship.

B. "Escort bureau" means any person who, for a fee, salary, reward, gratuity, commission or profit, furnishes, arranges or offers to furnish or arrange for a person to accompany any other person for companionship.

C. "Employee" means any person who is employed by an escort bureau, or who acts as an agent on behalf of an escort bureau, by contacting or meeting escort patrons, regardless of whether or not such person is employed by the escort bureau and regardless of the manner in which they are compensated.

D. "Manager" means a person designated as such by the escort bureau and who has primary control over the actual operation of the escort bureau, as well as primary responsibility.

E. "Person" means any individual, partnership, corporation, business, agency or association of any nature whatsoever.

(Prior code § 6760)

It is unlawful for any person to act as an escort or offer to act as an escort unless such person is carrying in his or her immediate possession a valid written permit to act as an escort, issued pursuant to the provisions of this chapter.

(Prior code § 6760.1)

It is unlawful for any person to operate as an escort bureau unless there is displayed at each place of business in a location clearly visible to the public a valid written permit to so operate, issued pursuant to the provisions of this chapter.

(Prior code § 6760.2)

It is unlawful for an escort bureau to operate at any place of business, at any time, unless a person is present at the premises who has within his immediate possession a valid written permit to act as a manager of that particular escort bureau, issued pursuant to the provisions of this chapter.

(Prior code § 6760.3)

It is unlawful for any person to act as an employee for any escort bureau unless that person has in his or her immediate possession a valid written permit to act as an employee of that particular escort bureau. A valid written permit to act as an escort will satisfy the requirements of this section.

(Prior code § 6760.4)

The application for any permit issued pursuant to this chapter, unless otherwise expressly stated, shall be filed with the sheriff of the county on forms provided by the sheriff, shall be accompanied by the required fee, shall be signed by the applicant under oath, under penalty of perjury, in the presence of a notary, and shall contain or have attached to it the following:

A. The full name, present address and telephone number of the applicant;

B. All other names and aliases by which the applicant has been known;

C. All addresses of the applicant during the five (5) years immediately preceding the date of application;

D. A complete employment history of the applicant for the five (5) years immediately preceding the date of application, which shall include a description of the applicant's duties at each place of employment and which shall include the name, present address and telephone number of all of the applicant's employers during that period;

E. Written proof of the applicant's date of birth;

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

G. Color photographs and fingerprints as taken by the county sheriff's department;

H. Sworn statements from at least five (5) bona fide residents of the county that the applicant is of good moral character;

I. A complete description and explanation of all of the convictions of the applicant of any felony, misdemeanor or infraction of any law of any nature, except minor traffic violations;

J. A written authorization and release allowing and requesting all public and private institutions, employers and any other person having relevant information or records to disclose such to the county for the purpose of investigating the truth of the matters submitted in the application;

K. The applicant's social security number;

L. The applicant's California driver's license number, or if the applicant has not obtained a driver's license, the number from the applicant's official identification card issued by the state of California;

M. The particular place or premises, including the street name and address, where such business is to be conducted or carried on;

N. Such other identification and information as the sheriff may require in order to discover the truth of the matters required to be set forth in the application.

(Prior code § 6760.5)

An application or renewal for a permit to act as an escort shall comply with every provision of Section 5.28.080 of this chapter. In addition, the application shall contain or have attached to it the following:

A. Unless the application is attached to an application for an escort bureau permit, written proof that an escort bureau, established and operating pursuant to the provisions of this chapter, will employ the applicant as an escort immediately upon the issuance of the permit;

B. A certificate from a medical doctor stating that the applicant has, within thirty (30) days prior to the filing date of the application or renewal thereof, been examined by him or her and found to be free of any contagious or communicable disease;

C. The fingerprints and photographs of the applicant as taken by the county sheriff's department.

(Prior code § 6760.6)

A. It is unlawful for any person to possess more than one (1) escort permit.

B. It is unlawful for any person to be employed at more than one (1) escort bureau nor shall any person be employed at any other escort bureau other than that which is authorized on the escort's permit to operate.

C. It is unlawful for any person to possess more than one (1) escort bureau permit, nor shall any person have interest of any kind in more than one (1) escort bureau.

D. It is unlawful for any person to be employed as escort bureau manager or employee of more than one (1) escort bureau.

(Prior code § 6760.7)

A. Application for issuance or renewal of a permit to act as an escort bureau shall comply with all of the provisions of Section 5.28.080, unless the applicant is a corporation, partnership or other business entity, in which case the application need not comply with subsections D, E, F, H, I, J, K and L of Section 5.28.080, but must also contain or have attached the complete applications of all owners, officers, partners and investors as well as a certified copy of the articles of incorporation or partnership agreement.

B. An application for a permit to act as an escort bureau must contain or have attached a list designating capacity of and the completed applications of all persons who will act as employees, escorts and managers of the escort bureau.

C. In the event that 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 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 is or will be located.

D. An application for a permit to act as an escort bureau shall contain a complete definition of the service to be provided.

(Prior code § 6760.8)

All applications of owners, officers, partners or investors which must be completed in order to comply with Section 5.28.110 shall comply with every provision of Section 5.28.080, except that in the event that sworn statements from five (5) bona fide residents of the county cannot be obtained, sworn statements from other residents of the state may be used.

(Prior code § 6760.9)

An application for a permit to act as an escort bureau manager or employee shall comply with every provision of Section 5.28.080 of this chapter. In addition, the application shall contain, or have attached to it, the following:

A. Unless the application is attached to an application for an escort bureau permit, written proof that an escort bureau established and operating pursuant to the provisions of this chapter will employ the applicant and, in the case of an applicant for manager, the applicant will manage the escort bureau;

B. The fingerprints and photographs of the applicant as taken by the county sheriff's department.

(Prior code § 6760.10)

A. At the time of filing an application for a permit or for a renewal thereof, the applicant shall pay a fee in accordance with the following:

1. For each initial escort bureau permit, the sum of three hundred dollars ($300.00), and for all other initial permits issued pursuant to this chapter, the sum of seventy-five dollars ($75.00);

2. For each renewal of an escort bureau permit, the sum of two hundred dollars ($200.00), and for each renewal of all other permits issued pursuant to this chapter, the sum of fifty dollars ($50.00);

3. For each change of escort bureau permit location, the sum of fifty dollars ($50.00).

B. If any owner or investor owns less than ten percent (10%) of the applicant escort bureau and proof thereof satisfactory to the sheriff is supplied, the application fee or renewal fee shall be waived to that owner or investor, providing an initial fee has been paid.

C. If an applicant has applied for two (2) or more permits to be issued to himself, personally, he need only pay one (1) fee which shall be the larger of the fees required.

(Prior code § 6760.11)

Under no circumstances shall any permit be issued pursuant to this chapter to anyone who has been convicted of any felony or any misdemeanor involving theft, robbery, burglary, embezzlement, fraud, controlled substances, prostitution, pandering, pimping, gambling, extortion or any other criminal activity in which an escort bureau or related business could be used to provide a means, a front, or an increased opportunity for commission of such crimes.

(Prior code § 6760.12)

A. No permit shall be issued, pursuant to any provision of this chapter, to any person under twenty-one (21) years of age.

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

(Prior code § 6760.13)

No person shall act or be issued a permit to act as an escort, escort bureau manager, escort bureau or employee unless that person is a bona fide resident of the county and has been a resident for six (6) months prior to filing the applications.

(Prior code § 6760.14)

A. The sheriff shall, upon receipt of the completed application, investigate the truth and completeness of all facts referred to in the application, and shall ascertain whether or not the applicant and all persons directly or indirectly interested in the permit or the proposed business are reputed to be persons of good moral character. He shall ascertain whether or not any such persons have been convicted of a felony or any crime described in Section 5.28.150, or whether such persons shall have had a license or permit for similar business suspended, canceled or revoked. The sheriff shall refer the application to other interested departments of the county including, but not limited to, directors of the planning department, building inspection department, health department and fire department to determine whether the appropriate zoning ordinances and regulations, building code ordinances, health ordinances and regulations and the provisions of the Uniform Fire Code have been or will be complied with.

B. Consent to Investigate. The filing of an application for a permit shall be deemed a consent by the applicant for the sheriff to make an investigation to determine whether all of the statements on the application are true and to investigate as to any criminal record they may have, and disclose the same to the appropriate county officials. The application shall also be deemed consent for other interested county departments to inspect such premises and report thereon.

(Prior code § 6760.15)

Under no circumstances shall a permit be issued to any person who fails to meet and comply with all of the requirements of this chapter or who is not of good moral character.

(Prior code § 6760.16)

A. In the event the sheriff or other interested departments of the county, including but not limited to the directors of the planning department, building inspection department, health department and fire department, recommends against the issuance of the permit, the sheriff shall refuse to issue the permit and shall refund all but fifty dollars ($50.00) of the application fee to the applicant, together with written notification of the denial of the permit.

B. The action of the sheriff in this respect shall be subject to an appeal to the board of supervisors. Notice of such appeal shall be filed in writing with the clerk of the board within ten (10) days after denial of the license. Upon failure to file such notice within the ten (10) day period, the action of the sheriff in denying the license or permit shall be final and conclusive.

(Prior code § 6760.17)

The following shall constitute grounds for denial of a permit:

A. The application is not complete;

B. The applicant has knowingly made any false, misleading or fraudulent statements of material facts in the application for a permit, or in any report or record required to be filed with the sheriff's department;

C. In the opinion of the sheriff, the applicant is unfit to be trusted with the privileges granted by the permit, or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity;

D. The escort bureau is to be located within any area of the county which is wholly residential, or in a mixed residential and business area, and it is the opinion of the sheriff that the issuance of such escort bureau permit would tend to cause a law enforcement problem or public nuisance;

E. The escort bureau is to be located within six hundred (600) feet of a public school, church, hospital or children's playground; or to be located near any other public facility where the presence of such escort bureau would be detrimental to public morals, cause a law enforcement problem, or create a public nuisance; or

F. The building, structure, equipment or location of such applicant does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the state of California or of this code applicable to the issuance of such permit.

(Prior code § 6760.18)

Unless otherwise terminated, voided, revoked or suspended, the permit shall expire on that date set forth as the expiration date on the permittee's permit. The permit may be renewed annually, upon application accompanied by the renewal fee. Applications for renewal shall be subject to all provisions of this chapter governing initial applications.

(Prior code § 6760.19)

A. Upon the sale or transfer of any interest in an escort bureau, the permit shall be null and void unless or until the new owner has applied for and received a permit from the county.

B. Upon termination of employment of an escort employee or manager, the escort bureau shall immediately notify the sheriff. The permit of the escort employee or manager is null and void immediately upon such termination and must be returned and surrendered to the sheriff immediately thereafter.

(Prior code § 6760.20)

A. All permits issued under this chapter are nontransferable; however, a change of location of a place of business may be permitted providing all ordinances and regulations of the county are complied with and provided a change-of-location fee of fifty dollars ($50.00) is paid to the county.

B. Any change of location shall only be made with permission of the sheriff and shall be subject to Section 5.28.240 of this chapter.

(Prior code § 6760.21)

A. No escort bureau shall be open for business or conduct any business activity between the hours of eight (8:00) p.m. and seven (7:00) a.m. of the following morning.

B. No person shall act as an escort between the hours of two (2:00) a.m. and six (6:00) a.m.

(Prior code § 6760.22)

Each escort permitholder shall be issued an identification card which will also serve as an escort permit. The permitholder shall carry such card upon his or her person when acting as an escort, and produce the same for inspection upon request of any peace officer. Each permitholder shall immediately surrender to the sheriff any escort permit issued by the county upon the suspension, revocation or expiration of such permit or upon leaving employment as an escort.

(Prior code § 6760.23)

It is unlawful for any person while acting as an escort to intentionally engage in any sexual activity of any kind or nature or to expose any anatomical sexual areas to any other person.

(Prior code § 6760.24)

No person permitted to do business as provided in this chapter shall operate under any name or conduct his business under any designation not specified in the permit.

(Prior code § 6760.25)

No person shall sell or serve food or beverage or conduct any business other than that of an escort bureau on the premises of the escort bureau.

(Prior code § 6760.26)

No escort bureau shall employ, pay any salary or commission to, or allow any ownership interest or powers of control to exist on behalf of any person who has failed to obtain and maintain in their possession a permit required pursuant to the provisions of this chapter.

(Prior code § 6760.27)

A. Each escort bureau shall maintain a current list of all owners, investors, officers and partners, together with the date the permit was issued and the date the permit shall expire.

B. Each escort bureau shall maintain a current list of all its managers, escorts and employees and shall maintain a separate file for each, which shall contain the legal name, all aliases, age, birthdate, height, weight, color of hair, color of eyes, home address, phone number, social security number, dates permits issued, hours and dates worked, date of initial employment and date of termination of employment of each person.

(Prior code § 6760.28)

Each escort bureau shall keep a complete record of all services rendered, including the date and hours the services were rendered, the name of all escorts and employees involved in providing the service, the name of the manager on duty and the name, address and telephone number of the patron.

(Prior code § 6760.29)

All records kept pursuant to this chapter shall be open to the inspection of the county sheriff's department and other law enforcement agencies. The records shall be maintained for a period of three (3) years.

(Prior code § 6760.30)

A. For the purposes of this chapter, all actions and knowledge of the manager of an escort bureau is deemed to be that of the escort bureau that employs him or her.

B. For the purposes of this chapter, all actions and knowledge of the escort or employees of an escort bureau is deemed to be that of the escort bureau that employs them.

(Prior code § 6760.34)

The sheriff shall have the right or cause to suspend or revoke any permit issued under this chapter and to take possession of such permits. Any of the grounds under which the sheriff shall be required to refuse to issue an initial permit shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a permit to comply with the provisions of this chapter shall also constitute grounds for the revocation or suspension of such permit. The action of the sheriff in this respect shall be subject to an appeal to the board of supervisors. Notice of such appeal shall be filed in writing with the clerk of the board within ten (10) days after revocation or suspension. Upon failure to file such notice within the ten-day period, the action of the sheriff in revoking or suspending the permit shall be final and conclusive.

(Prior code § 6760.33)

Any escort bureau operated, conducted or maintained contrary to the provisions of this chapter is declared to be unlawful and a public nuisance, and county counsel or the district attorney may 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.

(Prior code § 6760.31)

Every person who acts as an escort, escort bureau or for and in behalf of any escort bureau in violation of any provision of this chapter is guilty of a misdemeanor, and for each offense shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and may also be sentenced to serve no more than six (6) months in jail.

(Prior code § 6760.35)