Larkspur Municipal Code Ch. 5.47 Escort Services

Sections: 5.47.010 Definitions. 5.47.020 Permit Required. 5.47.030 Filing Fee. 5.47.040 Application for Escort Service Permit. 5.47.050 Employee Permit Required. 5.47.060 Employee Permit. 5.47.070 Application for Employee of an Escort Service. 5.47.080 Verification of Application. 5.47.090 Corporate Applicants – Exemption. 5.47.100 Corporate Permittee – Maintenance of Stock Register – Report. 5.47.110 Submission of Information by Applicant. 5.47.120 Certificate from Police Chief – Escort Service Permit. 5.47.130 Issuance of Permit (Escort Service). 5.47.140 Certificate of Police Chief (Employee Permits). 5.47.150 Issuance of Employee Permit. 5.47.160 Applications Barred for One Year. 5.47.170 Revocation or Suspension of Permit. 5.47.180 Employment of Persons Under the Age of Eighteen (18) Prohibited. 5.47.190 Age of Customer. 5.47.200 Sale or Transfer. 5.47.210 Name and Place of Business – Change of Location. 5.47.220 Inspection. 5.47.230 Daily Register. 5.47.240 Prohibited Activities. 5.47.250 Counseling or Assisting. 5.47.260 License Fees. 5.47.270 Transfer or Assignment of Permit. 5.47.280 Penalty – Misdemeanor or Infraction. 5.47.290 Time Limit for Obtaining Permit. 5.47.300 Rules and Regulations.

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

“Employee” means any and all persons who work in or about or render any services whatsoever to the patrons or customers of an escort service and who receive compensation for such service.

“Escort” means any person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any place of public resort or within any private quarters. Excluded from this definition are any persons employed by any business, agency or person excluded from the definition of “escort service” in this section.

“Escort service” means any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. Excluded from this definition are any businesses, agencies or persons which provide escort services for older persons as defined in Welfare and Institutions Code Section 9406, when such services are provided as part of a social welfare and health program for such older persons.

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

“Person” means an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, and any political subdivision thereof. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on in the City of Larkspur the operation of an escort service as herein defined, without first having obtained a permit from the Tax Collector. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

Every person desiring a permit to maintain, operate or conduct an escort service shall file an application and pay a fee established by resolution. (Ord. 1030 § 2(4), 2018; Ord. 853 § 2 (part), 1993; Ord. 756 § 1, 1987)

The application for a permit to operate an escort service shall set forth the proposed place of business and facilities therefor and the name, date of birth, and present address of each applicant. In addition to the foregoing, any application for a permit shall furnish the following information or documents about the applicant if they are an individual, about each director and officer if it is a corporation, about each partner if it is a partnership, or about each member if it is some other organization as listed in Larkspur Municipal Code Section 5.47.010:

A. The present address and the two (2) previous addresses immediately prior to the present address;

B. Written proof that each person is at least eighteen (18) years of age;

C. Height, weight, color of eyes and hair;

D. Three (3) portrait photographs at least (two (2) inches by two (2) inches);

E. Business occupation, or employment for the three (3) years immediately preceding the date of application;

F. A listing of all criminal convictions except minor traffic violations including date and place of each such conviction;

G. If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation together with the names and residence addresses of each stockholder holding more than ten (10) percent of the stock or beneficial ownership of the corporation. (If one or more of the partners of applicant is a corporation, these provisions apply to corporate applicant);

H. Whether applicant or each person of whom the above information is required or any other person who will be directly engaged in the management or operation of the escort service has been previously granted permits or licenses to engage in a business or occupation by the State of California or by the City of Larkspur, or a license or permit issued by the Alcoholic Beverage Control Commission, any of which permits or licenses has/have been revoked by the granting authority because of violation of law or violation of rules promulgated by the regulating agency. (The Tax Collector or Police Chief shall not take into account such revocation if such revocation occurred at least three (3) years prior to the date of the application); and

I. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

Nothing contained herein shall be construed to deny to the Tax Collector or Police Chief the right to take the fingerprints and additional photographs of the applicant, its officers, directors, or partners nor shall anything contained herein be construed to deny the right of said Tax Collector or Police Chief to confirm, by independent investigation, the truth and accuracy of the above information. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

It shall be unlawful for any escort or other employee to work in or about an escort service in the City of Larkspur or to perform any services in the City of Larkspur for a customer of an escort service wherever located without first securing a permit from the Tax Collector. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

Every person desiring an employee permit shall file an application with the Tax Collector on a form provided by said Tax Collector and pay a filing fee which shall not be refundable and shall pay to the Tax Collector a license fee annually, payable in advance. Every person now working as an escort or employee shall file for a permit within thirty (30) days of the effective date of this chapter. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

The employee of an escort service filing for a permit shall furnish the following information:

A. Name;

B. Date of birth;

C. Residence address;

D. Escort service in which the employee is currently working;

E. Two (2) previous addresses immediately prior to the present address of the employee;

F. Weight, height, color of eyes and hair;

G. Written proof that employee is at least eighteen (18) years of age;

H. Three (3) portrait photographs of at least (two (2) inches by two (2) inches);

I. Previous employment of the employee for three (3) years immediately preceding the date of application;

J. All criminal convictions except minor traffic violations including date and place of each such conviction;

K. Such other identification and information necessary to discover the truth of the matters hereinbefore specified; and

L. Whether employee has been previously granted permits or licenses to engage in a business or occupation by the State of California or the City of Larkspur, any of which permits or licenses has/have been revoked by the granting authority.

Nothing contained herein shall be construed to deny the Tax Collector or Police Chief the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said Police Chief to confirm, by independent investigation, the truth and accuracy of the above information. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

Every application for a permit under this chapter shall be verified as provided in the Code of Civil Procedure for the verification of pleadings. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

The provisions of Larkspur Municipal Code Sections 5.47.040(A) through (F) relating to requirements for corporate applicants shall not apply to any of the following:

A. A corporation, the stock of which is listed on a stock exchange in the State of California or the city of New York, state of New York;

B. A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity; and

C. A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

A. Any corporation holding a permit under this chapter shall maintain a stock register at the principal office of the corporation in Larkspur and the stock register shall be available to the Tax Collector or Police Department for inspection. Such corporation shall report to the department in writing any of the following:

1. Issuance or transfer of any shares of stock or beneficial ownership thereof to any person where the
issuance or transfer results in the person owning ten (10) percent or more of the stock or beneficial
ownership of the corporation.

2. Changes of any of the corporate officers required to be reported by Section 821 of the California
Corporations Code.

3. Changes of the members of its Board of Directors.

The report shall be filed with the Police Department within thirty (30) days after the issuance or transfer of corporate stock or beneficial ownership thereof, changes of corporate officers, or changes of members of the Board of Directors.

B. The provisions of this section shall not apply to any of the following:

1. A corporation, the stock of which is listed on a stock exchange in the State of California or in the city of

New York, state of New York;

2. A bank, trust company, financial institution or title company to which a permit is issued in a fiduciary capacity; or

3. A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

No permit under this chapter shall be issued until the applicant has furnished, in addition to the information required by this chapter such information as may be required by the Police Chief for the purpose of submitting to the Tax Collector a recommendation concerning issuance of the license applied for. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

The Police Chief shall recommend the issuance of an escort service permit if all requirements for an escort service described in this chapter are met unless they find:

A. That the premises where the escort service business will be conducted does not comply with all applicable laws, including, but not limited to, the Building, Planning, Housing and Fire Codes of the City of Larkspur, and the rules and regulations adopted by the Police Chief pursuant to this chapter.

B. That the applicant or an officer, director or partner thereof and any other person who will be directly engaged in the management and operation of an escort service has been convicted of an offense within or without the State of California that would have constituted any of the following offenses if committed within the State of California:

1. An offense involving conduct which requires registration pursuant to Penal Code Section 290;

2. An offense involving the use of force and violence upon the person of another;

3. An offense involving sexual misconduct with children; or

4. An offense as defined in Penal Code Sections 311, 647(a), 647a, 647(b), 315, 316, 318, or 266 through 267 inclusive; or

C. That the applicant, an officer, director or partner thereof or any other person who will be directly engaged in the management and operation of the escort service has had a permit or license to engage in a business or occupation granted by the State of California or the City of Larkspur or a license or permit issued by the Alcohol Beverage Control Commission revoked by the granting authority.

D. That in the judgment of the Police Chief, the representations made in the statement, or their investigation of the applicant, disclose that the granting of the license applied would be detrimental to the public peace, morals, health, safety or general welfare, they shall so report to the Tax Collector and the license shall not be issued.

The Police Chief shall not withhold recommending issuance of a permit under this chapter to any person convicted of any of the crimes described in subsections (B)(1) through (B)(4) of this section or subjected to a license or permit revocation as described in subsection (C) of this section if they find that the termination of any disability resulting from such conviction or revocation occurred at least three (3) years prior to the date of the application and the applicant, its officers, directors and partners have had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this section and no permit or license revocations as mentioned in subsection (C) of this section. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

A. Upon receipt of certificate from the Police Chief recommending issuance of an escort service permit under this chapter, the Tax Collector shall issue the escort service permit within fourteen (14) days following the receipt of said certificate if all other requirements for an escort service described in this chapter have been met.

B. If the Police Chief does not issue a certificate recommending issuance of an escort service permit based on their review pursuant to this chapter, the Tax Collector shall not issue the permit; provided, however, that upon request of the applicant, the Tax Collector shall turn the entire matter over to the City Clerk to be handled in accordance with Larkspur Municipal Code Sections 5.34.020 and 5.34.030. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

The Police Chief shall recommend the issuance of an employee permit unless they find that the applicant has had a permit or license to engage in a business or occupation granted by the State of California or the City of Larkspur or a permit or license granted by the Alcoholic Beverage Control Commission revoked by the granting authority or that the applicant has been convicted of any of the following offenses, or convicted of an offense within or without the state which would have constituted any of the following offenses if committed within the State of California:

A. An offense involving conduct which requires registration pursuant to Penal Code Section 290;

B. An offense involving the use of force and violence on the person of another;

C. An offense involving sexual misconduct with children; or

D. An offense as defined in Penal Code Sections 311, 647(a), 647a, 647(b), 315, 316, 318 or 266 through 267, inclusive.

The Police Chief shall recommend issuance of an employee permit to any person subjected to a revocation as described in this section or to any person convicted of any of the crimes enumerated in subsection (A), (B), (C) or (D) of this section if they find that the termination of any disability resulting from such conviction or revocation occurred at least three (3) years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this section and no subsequent permit revocation mentioned in this section. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

A. Upon receipt of certificate from the Police Chief, recommending issuance of employee permit under this chapter, the Tax Collector shall issue the employee permit within fourteen (14) days following the receipt of said certificate if all other requirements for an employee permit described in this chapter have been met.

B. If the Police Chief does not issue a certificate recommending issuance of an employee permit based on their review pursuant to this chapter, the Tax Collector shall not issue the permit; provided, however, that upon request of the applicant, the Tax Collector shall turn the entire matter over to the City Clerk to be handled in accordance with Larkspur Municipal Code Sections 5.34.020 and 5.34.030. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

Whenever any application is filed for an escort or employee permit under this chapter and said application has been denied, or a permit issued under this chapter has been revoked, and no appeal has been taken or when any appeal from such denial or revocation has been taken to the City Council and the City Council has concurred in the judgment or order of denial or revocation, said application for said permit, or for a like permit for the same location or by the same applicant shall not be heard until the expiration of one year from the date of the previous denial or revocation of said permit or application and there shall be no appeal for failure or refusal to review or to hear any such application or appeal within said one-year period. For the purposes of this section, “same applicant” shall mean a corporation having substantially the same shareholders as a prior corporate applicant, or a partnership having substantially the same membership as a prior partnership applicant; furthermore, “same applicant” shall mean any officer, director, shareholder or partner of a prior corporate or partnership applicant provided that when any permit is denied by reason of definite existing conditions which prevent the granting of said permit and said conditions are removed or remedied, the one year’s prohibition against reapplication will not apply. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

Any permit issued for an escort service or employee may be revoked or suspended by the Tax Collector after a hearing, in any case where any of the provisions of this chapter or local or state law are violated or where any employee of the permittee has engaged in any conduct which violates any of the state or local laws or ordinances at permittee’s place of business, or in any case where the permittee or licensee refused to permit any duly authorized Police Officer of the City of Larkspur to inspect the premises or the operations therein or when any of the rules or regulations adopted by the Police Chief pursuant to this chapter are violated. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

It shall be unlawful for any owner, proprietor, manager or other person in charge of any escort service to employ any person who is not at least eighteen (18) years of age. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

It shall be unlawful for any owner, proprietor, manager or other person in charge of an escort service to allow any person under the age of eighteen (18) years to patronize an escort service as a customer or patron. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

Upon sale, transfer or relocation of an escort service, the permit and license therefor shall be null and void unless approved as provided in Larkspur Municipal Code Section 5.47.270; provided, however, that upon the death or incapacity of the permittee, the escort service may continue in business for a reasonable period of time to allow for an orderly transfer of the permit.

If the permittee is a corporation, a transfer of twenty-five (25) percent of the stock ownership of the permittee will be deemed to be a sale or transfer and the permit and license therefor shall be null and void unless approved as provided in Larkspur Municipal Code Section 5.47.270; provided, however, that the provision shall not apply to a permittee corporation, the stock of which is listed on a stock exchange in this state or in the city of New York, state of New York, or which is required by law to file periodic reports with the Security and Exchange Commission. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

No person granted a permit pursuant to this chapter shall operate under any name or conduct their business under any designation for any location not specified in their permit. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

The Police Department may, from time to time during business hours, inspect each escort service in the City of Larkspur for the purposes of determining that there is compliance with the provisions of this chapter. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

Every person who engages in, conducts, or carries on the operation of an escort service shall keep a daily register, approved as to form by the Police Department, containing the following information:

A. The identification of all employees employed by such establishment together with a duplicate of each of said employees’ employee permit;

B. The hours of employment of each employee for each day; and

C. 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 or employee providing escort services, location and place where escort services took place, and fee charged.

Said daily register shall at all times during business hours be subject to inspection by the Police Department only for the limited purpose of determining that said daily registers are being maintained in compliance with the provisions of this section and shall be kept on file for one year on the premises. Any evidence so outlined shall not be admissible for any purpose other than proof of compliance or noncompliance with this section. The Police Department and the Health Department are authorized to inspect said daily registers for other purposes or to obtain information therefrom only if they have first obtained a warrant. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

No person who is a patron of an escort service shall place or cause to be placed in the daily register a false name or address. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

No person shall permit, counsel or assist any other person in the violation of any provision of this chapter. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

Every permittee who conducts or assists in conducting any escort service as defined herein shall pay to the Tax Collector a license fee annually, payable in advance. The license fee prescribed in this section is due and payable on a calendar year basis starting forty-five (45) days after the effective date of this chapter prorated with regard to the calendar year on a monthly basis. Fees for new licenses issued after the first day of January 1987 or in any subsequent calendar year shall be prorated with regard to the calendar year on a monthly basis. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

No permit shall be transferred or assigned except with the written consent of the Police Chief. An application for such a transfer shall be in writing and shall be accompanied by the same filing fee as for an initial application. The written application for such transfer shall contain the same information as required herein for an initial application for such a permit. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

Any person who willfully violates any provision of this chapter shall be deemed guilty of a misdemeanor or an infraction.

A. If charged as an infraction, the penalty upon conviction of such person shall be a fine not exceeding five hundred dollars ($500.00).

B. If charged as a misdemeanor, the penalty upon conviction of such person, shall be imprisonment in the County Jail for a period not to exceed six (6) months or by a fine not exceeding one thousand dollars ($1,000.00) or by both such fine and imprisonment.

C. The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction. Such charging decisions shall be at the sole discretion of the District Attorney.

D. Nothing herein shall prohibit the District Attorney from exercising the discretion vested in them by law to charge an operator, employee, or any other person associated with an escort service with violating this or any other local or state law. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

All premises required to obtain a permit and license pursuant to this chapter must obtain a permit within sixty (60) days of the effective date of the chapter; failure to do so shall make continued operation of said escort service a violation of Larkspur Municipal Code Section 5.47.020. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)

The Police Chief may adopt rules and regulations supplemental to this chapter and not in conflict therewith. (Ord. 1030 § 2(4), 2018; Ord. 756 § 1, 1987)