Long Beach Municipal Code Ch. 5.34 Escorts and Escort Bureaus

A. 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 services of others to do the following things shall pay the license tax required and shall also procure a permit in the manner described in this Chapter:

1. Escort, accompany, or consort with other persons to, from or about social affairs, entertainment, places of public assembly or places of amusement;

2. Escort, accompany or consort with other persons in or about any place of public or private resort or within any private quarters, for hire or donation;

3. Escort, accompany or consort with other persons in or about any business or commercial establishment or part or portion thereof, for hire or donation.

(Ord. C-6325 § 16, 1986: Ord. C-6260 § 1 (part), 1986)

This Chapter shall not apply to any person who accompanies others as an incident to their trade, profession, such as nurses, bodyguards or tour guides, nor to any person, business, firm or company lawfully conducting an employment agency.

(Ord. C-6260 § 1 (part), 1986)

A. Every person desiring to provide escort services as provided in Section 5.34.010 shall make application for a permit to the Director of Financial Management. The application shall provide the following:

1. Name and address of the applicant, and the name under which the proposed business is to be conducted;

2. Address of the proposed location for the conduct of the proposed business;

3. Record of conviction for violations of the law, excluding minor traffic violations;

4. The applicant shall also be photographed by the Police Department. One (1) photograph shall be attached to the original application, one (1) to the duplicate, and one (1) to the permit, if a permit to conduct or carry on the business is granted the applicant;

5. The fingerprints of the applicant will be provided to the Police Department;

6. Address, City and State and dates when this applicant practiced a similar business, either alone or in conjunction with others;

7. Written proof that the applicant is over the age of eighteen (18);

8. 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, date of incorporation, incorporation number, and the names, residence addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. 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 (1) or more of the partners is a corporation, the provisions of this Subsection pertaining to corporations shall apply. The corporation or partnership applicant shall designate one (1) of its officers or general partners to act as its responsible managing officer and responsible party authorized to accept service of process on behalf of the permittee. Such responsible party shall complete and sign all application forms required of an individual applicant under this Chapter, but only one (1) application fee shall be charged;

9. In the event the applicant is not the owner of record of the real property upon which the escort bureau 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 pertaining to the premises in which the escort bureau is or will be located;

10. A definition of the service to be provided;

11. The true names and residential addresses of all persons employed or intended to be employed by the applicant.

B. Each applicant for an escort permit, or renewal thereof, shall also furnish a certificate from a medical doctor licensed to practice in the State of California, stating that the applicant has, within thirty (30) days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable disease;

C. Each applicant hereunder shall also furnish such other and further information as the Director of Financial Management, upon recommendation of the Chief of Police, may find necessary to process the application.

(Ord. C-6260 § 1 (part), 1986)

No permit 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. Every escort bureau permittee shall report immediately in writing to the Director of Financial Management, Chief of Police and City Health Officer any changes or transfers of escorts.

(Ord. C-6260 § 1 (part), 1986)

Upon receipt of the completed application and the application fee, the Director of Financial Management shall refer the same to interested departments of the City, including, but not limited to, the Chief of Police, City Manager, City Prosecutor, Planning and Building 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 and the extent to which it qualifies as property on which escort services may lawfully be conducted. Each department to which a completed application is referred shall complete its investigation and file a report with the Director of Financial Management within sixty (60) days of the date of the application. Any department to which an application is referred that does not file its report with the Director of Financial Management as provided herein shall be deemed to have recommended approval of the application. Upon either the receipt of the completed reports from all of the departments to which an application has been referred or the expiration of sixty (60) days from the date of the application, whichever event occurs first, the Director of Financial Management shall forward the application together with all completed reports to the Chief of Police.

(Ord. C-6260 § 1 (part), 1986)

A. At the conclusion of the investigation, the Chief of Police shall approve the issuance of the permit if he finds:

1. All the information contained in the application or supporting data is true;

2. Neither the applicant, if an individual, nor any of the directors, officers or stockholders holding more than five percent (5%) of the stock of the corporation, nor any of the partners, including limited partners, the holder of any lien of any nature of profit-interest holder, manager, nor other person principally in charge of the operation of the existing or proposed escort bureau, nor any natural person employed or contracted with to be an escort or to provide escort services, has been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving sexual misconduct, including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d), or (h) of Section 647 of the Penal Code 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);

3. The applicant has not had an escort bureau, introductory service or escort permit or other similar permit denied or suspended or revoked for cause by the City or any other City or County located in or out of this State;

4. No information has been brought to the attention of the Chief of Police as a result of the investigation which would cause the denial of the application.

B. The Director of Financial Management shall thereafter issue the permit when the required fee has been paid.

(Ord. C-6260 § 1 (part), 1986)

A. Every natural person actively carrying on, conducting, or engaging in any of the activities for which a permit is required and enumerated in Section 5.34.010, on behalf of any permittee, shall file a separate application, be photographed and fingerprinted by the Police Department and approved as required by the permit provisions of this Chapter.

B. Prior to approval of a permit, the applicant shall submit a certificate from a medical doctor who is licensed to practice in the State of California. The certificate shall state that the applicant has, within thirty (30) days immediately preceding the date of application, been examined and found to be free from any contagious or communicable disease.

(Ord. C-7423 § 5, 1996: Ord. C-6260 § 1 (part), 1986)

A. No holder of an escort bureau permit shall employ any person under eighteen (18) years of age;

B. No holder of an escort bureau permit shall furnish any escort to, or accept employment from, any patron, customer or person to be escorted, who is under eighteen (18) years of age;

C. 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.

(Ord. C-6260 § 1 (part), 1986)

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

(Ord. C-6260 § 1 (part), 1986)

A. Any person permitted under this Chapter shall have thirty (30) days from the date of expiration to renew his/her permit.

B. On a biennial basis, permit renewal shall be contingent upon satisfactory compliance with all sections of this Chapter, including a current medical clearance and submission to a background investigation subsequent to a fingerprint examination.

(Ord. C-7423 § 6, 1996: Ord. C-6325 § 17, 1986: Ord. C-6260 § 1 (part), 1986)

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 in a visible position 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. C-6260 § 1 (part), 1986)

Any escort bureau operated, conducted or maintained contrary to the provisions of this Chapter shall be and the same is hereby declared to be an unlawful and a public nuisance and the City Prosecutor 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 of introductory service contrary to the provisions of this Chapter.

(Ord. C-6260 § 1 (part), 1986)

The suspension or revocation of a permit shall be governed by the provisions of Chapter 5.06. No person shall conduct any activity regulated by Section 5.34.010 after a permit for such activity has been revoked or during the time a permit therefor has been suspended.

(Ord. C-6260 § 1 (part), 1986)