Modesto Municipal Code Art. 5 Escort Permit

(a) No person shall act as an escort unless an escort permit is first obtained. For purposes of this article "escort" shall mean a person who for pecuniary compensation, monetary or other consideration, hire or reward (1) escorts or accompanies others to or about social affairs, entertainment, or places of amusement; or (2) keeps company with others about any place or public resort or within any private quarters.

(b) The issuance of a business license pursuant to the Modesto Municipal Code shall not authorize acting as an escort until the necessary regulatory permit has been lawfully granted.

(Ord. 3778-C.S, § 6, effective 6-6-24)

(a) An applicant for an escort permit shall make an application under penalty of perjury to the Police Chief or his authorized representative upon a form provided by the City of Modesto. A nonrefundable fee, as established by resolution adopted by the City Council from time to time, shall be paid to the City of Modesto to reimburse the City for the cost of the investigation. A copy of the receipt issued by the City of Modesto Finance Department shall accompany the application. The permit fee required under this section is in addition to any other license or permit fee required by the Modesto Municipal Code.

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

(c) Every application submitted to the Police Chief shall include the following information:

(1) The applicant's full name, any other names used, date of birth, California driver's license number or California identification number, social security number, present residence address, telephone number, gender, height, weight, color of hair, and color of eyes.

(2) Previous two (2) residence addresses of the applicant and the inclusive dates at each address.

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

(4) The permit history of the applicant; whether such person ever had any escort or adult performer permit or license issued to him or her by any other public entity in this state; the date of issuance of any such permit or license, whether any such permit or license has ever been revoked or suspended; and if any such license or permit has been revoked or suspended, the reason therefor.

(5) All convictions for any crimes 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 laws similar to and including, California Penal Code §§ 243.4, 261, 261.5, 262, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 313.1, 314, 315, 316, 318, 647(a), 647(b), 647(d), or 647.6.

(6) Any offense requiring registration under provisions of Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or as those sections may thereafter be amended or renumbered.

(7) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.

(8) Written proof that the applicant is at least eighteen (18) years of age.

(9) A complete set of fingerprints.

(10) A current photograph.

(11) Authorization for the City of Modesto, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application.

(d) The information provided above in Subsection (c) of this section, which is personal, private, confidential, or the disclosure of which could expose the applicant to the risk of harm, will not be disclosed under the California Public Records Act or the open government ordinance. Such information includes, but is not limited to, the applicant's residence address, telephone number, date of birth, age, driver's license number, and social security number. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code § 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 the same to be redacted from any copy of a completed application form made available to any member of the public, the above-mentioned information.

(Ord. 3778-C.S, § 6, effective 6-6-24)

(a) The Police Chief or his authorized representative shall have thirty (30) days from the date the application is accepted as complete in which to investigate the application and background of the applicant. Upon completion of the investigation, the Police Chief or his designated representative shall approve or deny the permit. The Police Chief may refuse to issue the escort permit for any of the following reasons, which reasons will be set forth fully in writing and delivered to the applicant:

(1) The applicant has been convicted of any of the offenses enumerated in Subsections (c)(5) and (6) of Section 5-9.602, or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five (5) years prior to the date of the application.

(2) The applicant has been licensed or registered in any state as a prostitute.

(3) Any false statements made in the initial application for the escort or "figure model" permit.

(4) That the applicant has had an escort permit denied or revoked for cause by this City within the last five (5) years.

(5) That the applicant is not at least eighteen (18) years of age.

(6) That the applicant has not paid the required fee to the City of Modesto Finance Department.

(b) Any refusal to issue a permit pursuant to this section or the suspension, or revocation of a permit is appealable to the City Council in accordance with the provisions of Chapter 4 of Title 1 of the Modesto Municipal Code. After the denial of any such appeal, the applicant may seek prompt judicial review of such administrative action in any court of competent jurisdiction pursuant to California Code of Civil Procedure Section 1094.5. The court shall promptly review the action taken by the City Council.

(Ord. 3778-C.S, § 6, effective 6-6-24)

After following the procedure in Section 5-9.304, the Police Chief may revoke or suspend the escort permit for conviction of any crimes specified in Section 5-9.502(c)(5) and (6). The decision of the Police Chief shall be in writing and shall be emailed postage prepaid to the escort.

(a) Permits issued under the provisions of the section shall be valid for a period of one (1) year from the date of issuance and shall be renewable annually.

(b) An application for renewal for an escort permit shall be accompanied by a nonrefundable filing fee, as established by resolution adopted by the City Council from time to time.

(Ord. 3778-C.S, § 6, effective 6-6-24)