Lomita Municipal Code Art. 2 Escort Service License

(a) It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1-2.01, et seq. of this Code, for any person, for hire, reward, or for other form of pecuniary compensation, to accompany or consort with another, to or about social affairs, entertainments, places of amusement, places of public assembly, or within any public or private resort, or within any private quarters, or any business or commercial establishment, without first obtaining an escort service license.

(b) Every person advertising by sign, circular, handbill, newspaper, periodical, magazine, or other publication, or by any other means whatsoever, who for money, or reward, or any consideration offers to do personally, or to furnish the "escort service" of others to do the following things shall pay the license fee required and shall also procure an escort license or escort service license in the manner described in this chapter.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

Any application for a license to operate an escort service shall be accompanied by a non-refundable fee, in an amount to be established by a resolution of the city council. The application fee shall be used to defray the cost of the investigation and report. A license to operate an escort service shall be renewed annually. The licensee shall pay a renewal fee for such renewal, in an amount established by city council resolution.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

Every person desiring to provide escort services as provided in section 6-7.010 shall make application for a license to the City of Lomita. The application shall provide the following:

(1) Licenses shall be issued only to individual persons and no license shall be issued to or in the name of any organization, group, corporation, partnership or entity other than an individual person; provided however the escort service may be advertised and carried on by the licensee under a fictitious name as licensed by law provided that the proposed name is designated in the application for the license;

(2) Written proof that the applicant is at least eighteen (18) years of age;

(3) Name and address of the applicant and the name under which the proposed business is to be conducted;

(4) Address of the proposed location for the conduct of the proposed business;

(5) Record of conviction for violations of the law involving "disqualifying conduct;"

(6) Record of suspension or revocation of any escort service or escort license/permit within five (5) years immediately preceding the date of this application whether issued by this city or some other jurisdiction;

(7) The applicant shall also be photographed and fingerprinted by the police department. One photograph shall be attached to the original application, one to the duplicate and one to the license;

(8) Address, city, state, and dates when this applicant practiced a similar business, either alone or in conjunction with others;

(9) In the event the applicant is not the owner of record of the real property upon which the escort service is or is to be located, the application must be accompanied by a copy of the lease for the premises in which the escort service is or will be located.

(10) The true names and residential addresses of all persons employed or intended to be employed by the applicant;

(11) The licensee of an escort service shall notify the police department in writing within twenty-four (24) hours of any change in personnel employed by such escort business.

(12) Notwithstanding the fact that the records kept hereunder may be a "public record" under Government Code section 6250, et seq., certain portions of such records contain information vital to the effective administration and enforcement of the licensing and/or license scheme established herein which information is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes the applicant's residence address and telephone number. The city council in adopting the license system set forth herein has determined in accordance with Government Code section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The city clerk shall cause to be obliterated from any copy of the records made available to any member of the public, the information set forth above.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

At the conclusion of the investigation, the chief of police shall approve the issuance of the license if he or she finds:

(1) All the information contained in the applicant's reported data is true;

(2) Neither the applicant nor any natural person employed by or contracted with to be an escort, or to provide escort services, has been convicted or pled nolo contendere or guilty to a misdemeanor or felony crime involving "disqualifying conduct;"

(3) The applicant has not had an escort service, introductory service or escort license, or other similar license or permit denied, suspended, or revoked for cause by the city or any other city or county located in or out of the State of California.

(4) The city clerk shall thereafter issue the license when the required fee has been paid.

(5) The city's decision to grant or deny the license shall not be based upon information authorized or required to be kept confidential pursuant to Welfare and Institutions Code section 600 through 900.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 589, § 3, 4-6-98; Ord. No. 624, § 1, 7-10-00)

No license issued under this chapter shall be transferred in any manner, whether by operation of law or otherwise, from location to location, or from person to person. Upon a change of location of an escort service, an application to the chief of police must be made. Such application shall be granted, provided all applicable provisions of this chapter are complied with, and a change of location fee in an amount established by resolution of the city council to defray the costs of investigation and report has been paid to the city.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 589, §§ 4, 5, 4-6-98; Ord. No. 624, § 1, 7-10-00)

An escort service shall maintain in duplicate a record of every transaction whereby any escort is employed, engaged, or arranged for on behalf of any patron, customer, or person; and the duplicate shall be filed with the police department within twenty-four (24) hours of the transaction. This record shall contain the following information:

(a) Date and hour of the transaction;

(b) Name, address, and telephone number of the patron, customer, or person requesting or employing the escort; and,

(c) The name of the escort furnished.

Notwithstanding the fact that the records kept hereunder may be a "public record" under Government Code section 6250, et seq., certain portions of such records contain information vital to the effective administration and enforcement of the licensing and/or license scheme established herein which information is personal, private, confidential, or the disclosure of which could expose the patron to a risk of harm. Such information includes the patron's residence address and telephone number. The city council in adopting the license system set forth herein has determined in accordance with Government Code section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the patron's privacy, confidentiality, or security interests are protected. The city clerk shall cause to be obliterated from any copy of the record made available to any member of the public, the information set forth above.

(Ord. No. 624, § 1, 7-10-00)

Upon receipt of a complete application, including the application fee, the city clerk shall refer the same to interested departments of the city including, but not limited to, the chief of police, city manager, community development department, building and safety department, and the fire department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies to the extent it qualifies as property from which escort services may lawfully be conducted. Each department to which a complete application is referred shall complete its investigation and file the report with the city clerk within sixty (60) days from the date the application was complete. Any department to which an application is referred that does not file its report with the city clerk as provided herein shall be deemed to have recommended approval of the application. Upon either the receipt of the reports from all the departments to which an application has been referred or the expiration of sixty (60) days from the date of a complete application, whichever event occurs first, the city clerk shall forward the application, together with all completed reports, to the chief of police.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00; Ord. No. 699, § 1, 4-2-07)

Any and all investigating officers of the city or their designees shall have the right to enter the escort service from time to time during regular business hours to make reasonable inspections to ensure compliance with the provisions of this chapter.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

(1) Whenever the chief of police, or his or her designee, makes an inspection of an escort service and finds that any provision of this chapter has been violated, the chief of police shall give notice of such violation by means of an inspection report or other written notice. In any such notification, the chief of police shall:

(a) Set forth the specific violation of violations found;

(b) Establish a specific and reasonable period of time for the correction of the violation or violations. If the chief of police determines that the violation or violations are minor in nature, the chief of police may issue a warning to the licensee, that any further violation of this chapter may result in the filing of a complaint for revocation or suspension of the license;

(c) The failure to comply with any notice issued in accordance with the provisions of this chapter may result in the chief of police filing a complaint for revocation or suspension of the license.

(2) Issuance of a notice of violation pursuant to this section is not the city's exclusive enforcement remedy if the provisions of this chapter have been violated by an escort service licensee, or escort licensee.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

(a) No holder of an escort service license shall employ any person under eighteen (18) years of age as an escort. Though an escort may be eighteen (18) years of age, nothing in this chapter is to be construed to contravene any state law requiring an individual to be at least twenty one (21) years of age to enter certain establishments.

(b) No holder of an escort service license shall furnish any escort to or accept employment from any patron, customer, or person to be escorted who is under the age of eighteen (18) years of age, except at the special instance and request of the parent, guardian, or other person in lawful custody of the person upon whose behalf the escort service is engaged.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

The term of an escort service license, unless sooner suspended or revoked, shall be for a period of one (1) year.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

(a) Licenses issued under this article are subject to renewal as provided in article 5 hereof.

(b) License renewal shall be contingent upon satisfactory compliance with all sections of this chapter including submission to a "State Summary Criminal History" investigation and verification, subsequent to a fingerprint examination.

The owner or operator of an escort service shall display the escort service license, and the escort licenses, in the establishment in an open and conspicuous place on the premises. Passport-size photographs of the licensee shall be affixed to the license on display pursuant to this section, and passport-size photographs of the escort licensees shall be displayed in the same location as the escort service license.

(Ord. No. 567, § 2, 10-7-96; Ord. No. 624, § 1, 7-10-00)

The licensee and any escorts employed by the licensee shall obtain an identification card issued under the provisions of this chapter and shall have such identification card in their possession at all times while engaged in the activity regulated by this chapter. The license holder shall carry such card with him/her when acting as an escort and produce the same for inspection upon request. Each license holder shall immediately surrender to the chief of police any escort license issued by the city upon the suspension, revocation, or expiration of such license, or upon leaving employment as an escort.

(Ord. No. 624, § 1, 7-10-00)