Chapter 5.40 — ESCORT BUREAUS

This chapter shall be known as "the escort bureau and introductory service permit ordinance."

(Ord. 5032 § 1.00, 1971)

The purpose of this chapter is to set forth rules and regulations governing escort bureaus and introductory services within the territorial limits of the city, to require a permit therefor, and to provide penalties for violation of the provisions of this chapter.

(Ord. 5032 § 1.10, 1971)

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended.

A.

"Appellant" means a person who perfects an appeal pursuant to this chapter.

B.

"Applicant" means a person who files an application for a permit or renewal of such permit as provided herein.

C.

"City" means city of Pasadena.

D.

"Day" means calendar day.

E.

"Escort" means a person who for pecuniary compensation or any consideration escorts or accompanies others to, from or about social affairs, entertainments, places of public assembly or places of amusement, or who may consort with others, for hire or reward, about any place of public or private resort or within any private quarters.

F.

"Escort bureau" means any business or agency which, for pecuniary compensation or any consideration, furnishes, or offers to furnish, escorts or persons who accompany others to, from or about social affairs, entertainments, places of public assembly, or places of amusement, or who consort with others, for hire or reward, about any place of public or private resort or within any private quarters.

G.

"Hearing officer" means the person designated by the city manager to hear any appeal perfected under this chapter.

H.

"Introductory service" means a service offered or performed for any pecuniary compensation or other consideration by any person, the principal purpose of which is to aid individuals to become socially acquainted or to otherwise assist individuals to meet for social purposes, or which service is generally known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about others to be used for social purposes.

I.

"Nonprofit organization" means any government, religious or nonprofit association or institution exempt from real property taxation under Article XIII of the Constitution or the Revenue and Taxation Code of the state.

J.

"Notice" means written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known address.

Service of the notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of United States Postal Service.

K.

"Permittee" means any person who shall be granted a permit as provided herein.

L.

"Person" means any individual person.

(Ord. 5032 § 2.00, 1971)

It is unlawful for any person to conduct, manage or carry on any escort bureau or introductory service unless there has been granted to such person a valid permit therefor, pursuant to the provisions of this chapter.

(Ord. 5032 § 3.00, 1971)

A separate permit is required for each location within Pasadena for each escort bureau or introductory service.

(Ord. 5032 § 3.10, 1971)

No permit under this chapter shall be issued to, or in the name of, any organization, group, corporation, partnership or any entity other than an individual person.

(Ord. 5032 § 3.20, 1971)

The business may be advertised and carried on by the permittee under a fictitious name in the manner permitted by law if the fictitious name is first approved by the police chief.

(Ord. 5032 § 3.30, 1971)

A.

An application for a permit or renewal of such permit for an escort bureau or introductory service with the police department shall be in writing on forms provided by the city, shall be in duplicate, and shall be accompanied by a receipt issued by the city cashier for payment of the amount of each application fee. The original application fee for an escort bureau or introductory service permit is $225.00. The application fee for a renewal of the permit is $200.00.

B.

The application fee is established to cover part of the cost of the investigation and processing of applications and is not refundable. Any such application shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings.

(Ord. 5032 § 4.00, 1971)

Each application shall contain:

A.

Name and address of applicant;

B.

Names and addresses of all escorts employed or intended to be employed by the applicant;

C.

The address of the premises where the escort bureau or introductory service will be located;

D.

The name, residence and business address and written consent of the owner of the premises, who shall indicate his consent by signing the application in the space provided;

E.

The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated;

F.

Whether or not any person mentioned in subsections A, B, or D of this section has ever been arrested; and if so, the details of the arrest, the nature of the charge and its disposition;

G.

The hours of operation;

H.

Such other related information as the police chief may require.

(Ord. 5032 § 4.10, 1971)

Whenever any change occurs relating to the written information required by Section 5.40.090, the applicant or permittee shall give written notification of such change to the police department within 24 hours after such change.

(Ord. 5032 § 4.20, 9171)

The police department shall conduct an appropriate investigation to determine whether the permit should be issued in accordance with the provisions of this chapter as hereinafter set forth. The police chief may request the assistance of any city department for the purpose of such investigation and he shall consider any relevant factual material relating to the application. The police chief may cause the fingerprints to be taken of any person referred to in subsections A, B or D of Section 5.40.090.

(Ord. 5032 § 5.00, 1971)

No person shall act as an escort whether self-employed, employed by a permittee of the city, or employed by an agency having its principal place of business outside the city, until such escort shall have been issued a registration card by the police department. The registered escort shall always carry his or her registration card on his or her person while within the city.

(Ord. 5032 § 5.10, 1971)

A.

Application. An application for a police registration card required under this chapter shall show:

The present address of the applicant;

The 2 previous addresses, if any, immediately prior to the present address of the applicant;

Written statements of at least 5 bona fide residents of the county that the applicant is of good moral character;

Written proof that the applicant is over the age of 18 years;

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

Two portrait photographs, at least 2 inches by 2 inches;

Business, occupation or employment of the applicant for the 3 years immediately preceding the date of the application;

Whether or not the applicant has ever been arrested; and if so, the details of the arrest, the nature of the charge and its disposition;

A certificate from a medical doctor stating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;

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

B.

Fingerprints. Nothing contained herein shall be construed to deny to the police chief the right to take fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of the police to confirm the height and weight of the applicant.

C.

Expiration. The registration card shall be valid for a period of 1 year, after which time it can be renewed.

D.

Fee. The fee for such registration card shall be $10.00 for the first year and $10.00 for each renewal.

(Ord. 5032 § 5.20, 1971)

The permittee shall maintain a duplicate record of every transaction whereby any escort is employed or engaged, or whereby any introductions are arranged for on behalf of any patron, customer or person. The duplicate of such record shall be filed with the police department within 24 hours after such transaction and shall include the following information:

A.

The date and hour of the transaction;

B.

The name, address and telephone number of the patron, customer or person requesting or employing the escort bureau or introductory service; and.

C.

The name of the escort furnished or other persons who were introduced or arranged to be introduced.

(Ord. 5032 § 5.30, 1971)

After an investigation, the police chief shall approve the application for the permit or renewal of a permit for an escort bureau or introductory service if he finds:

A.

That a completed written application form therefor has been filed; and

B.

The required application fee therefor has been paid to the city cashier; and

C.

That as a result of his investigation all applicable provisions of this chapter, with regard to such permit application have been met; and

D.

The operation by the applicant will be carried on in a building, structure and location which meets all of the health, zoning, fire, building and safety requirements and standards of the laws of the state and ordinances of the city applicable to such business operation; and

E.

That the applicant, his employee, agent or any person connected or associated with applicant as partner, director, independent contractor, officer, stockholder, associate or manager:

Has not been convicted in a court of competent jurisdiction by final judgment of:

a.

An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play

b.

An offense involving lewd conduct

c.

An offense involving prostitution, pimping or pandering

d.

An offense involving larceny or extortion

e.

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

f.

An offense involving misconduct with children

g.

An offense involving the maintenance of a nuisance in connection with the same or similar business operation, and

Has not committed within the last 5 years any offense described in paragraphs a through g of subsection E1 of this section, and

Has not allowed or permitted acts of sexual misconduct to be committed in prior business operations; and

F.

The applicant has not knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any agency of the city; and

G.

The applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation.

(Ord. 5032 § 6.00, 1971)

Notice of decision of the police chief with reference to a permit application under this chapter shall be made to the applicant or to any other person requesting such notice within 45 days after receipt of application for a permit or renewal of the permit.

(Ord. 5032 § 6.10, 1971)

Any person aggrieved by the decision of the police chief with reference to the approval or denial of an application for a permit or renewal of such permit or suspension of a permit, shall have the right of appeal. An appeal must be perfected within 15 days after notice of the decision or order of suspension by filing with the city manager a letter of appeal briefly stating therein the basis for the appeal, together with a filing and processing fee in the sum of $100.00.

(Ord. 5032 § 7.00, 1971)

Failure to file a letter of appeal within said 15 days shall constitute a waiver of appellant's right to a hearing, but the city manager, in his discretion, may nevertheless grant such a hearing.

(Ord. 5032 § 7.10, 1971)

The city manager shall fix the time and place of the hearing at a date no more than 15 days after his receipt of the letter of appeal. The city manager shall appoint a hearing officer. The city manager shall give the appealing party and any other person requesting the same at least 5 days' notice of the time and place of the hearing. The notice shall be substantially in the following form, but may include other information:

"You are hereby notified that a hearing will be held at _______ on ________ at the hour of _____ at which time you may show cause why the appeal which you have filed should be sustained."

(Ord. 5032 § 7.20, 1971)

A.

At the time and place set for the hearing upon the appeal from the decision of the police chief, the hearing officer shall give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the police chief should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision taken by the police chief.

B.

The hearing officer shall submit a written report to the city manager. The report shall contain a brief summary of the evidence considered, findings of fact and the recommendations of the hearing officer. In addition, the report shall contain a proposed decision, in such form that it may be adopted by the city manager at his decision in the appeal. If the city manager approves the decision of the hearing officer, it shall be final and conclusive. The city manager shall transmit the decision to the police

chief who shall comply with the decision. If the city manager does not approve the decision, he shall independently review the evidence taken at the hearing for the purpose of determining if the decision of the police chief should be upheld. The decision of the city manager shall contain findings of fact, a determination of the issues presented, and shall be final and conclusive. The city manager shall transmit the decision to the police chief who shall comply with the decision.

(Ord. 5032 § 7.30, 1971)

Procedures for appeals and hearings under this chapter may be adopted by a resolution of the board of directors.

(Ord. 5032 § 7.40, 1971)

If the application for a permit or renewal of such permit is approved, the police chief shall issue the permit. The police chief in issuing permits, shall strictly limit the permits to the terms of the application.

(Ord. 5032 § 8.00, 1971)

The permit shall expire 1 year after the date of issuance; provided however, such permits may be renewed for additional periods of 1 year upon the approval of the police chief.

(Ord. 5032 § 8.10, 1971)

Every person holding a permit issued pursuant to this chapter shall keep the same posted in a conspicuous place upon the licensed premises in open and clear view.

(Ord. 5032 § 9.00, 1971)

The assignment or attempt to assign any permit issued hereunder is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void.

(Ord. 5032 § 10.00, 1971)

The police chief shall suspend any permit issued hereunder, if he finds:

A.

That the operation, as conducted by the applicant does not comply with all the health, zoning, fire, building and safety requirements and standards of the laws of California and ordinances of the city applicable to such business operation; or

B.

The permittee, his employee, agent or any person connected or associated with permittee as partner, director, independent contractor, officer, stockholder, associate or manager:

Has been convicted in a court of competent jurisdiction, by final judgment, of:

a.

An offense involving the presentation, exhibition or performance of an obscene production, motion picture, or play.

b.

An offense involving lewd conduct.

c.

An offense involving prostitution, pimping or pandering.

d.

An offense involving larceny or extortion.

e.

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

f.

An offense involving misconduct with children.

g.

An offense involving the maintenance of a nuisance in connection with the same or similar business operation, or.

Has committed within the last 5 years any offense described in paragraphs a through g of subsection B1 of this section, or.

Has violated any provisions of this chapter, or.

Has allowed or permitted acts of sexual misconduct to be committed in business operations; or

C.

The permittee has knowingly made false, misleading or fraudulent statement of a material fact in the application for a permit, or in a report or record required to be filed with any city agency; or

D.

The business is a public nuisance or has been a public nuisance at any time within the last 5 years; or

E.

That the permittee has had a similar type permit previously revoked for good cause and has not shown a material change in circumstances since the date of revocation.

(Ord. 5032 § 11.00, 1971)

The determination of the police chief with regard to matters of suspension shall be appealable in the time and manner set forth in Sections 5.40.170 through 5.40.210.

(Ord. 5032 § 11.10, 1971)

The police chief, in the case of such suspension, shall serve the permittee with a written order of suspension, which shall state the reasons for the suspension. The order shall be effective immediately if personally served, or 48 hours after the same has been deposited in the course of transmission in the United States Postal Service. Immediately upon such an order becoming effective, the permittee shall cease all operations under the permit.

(Ord. 5032 § 11.20, 1971)

A.

The suspension shall become a revocation 15 days after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Sections 5.40.170 through 5.40.210.

B.

Where an appeal is filed, the order shall be stayed pending a determination thereon by the hearing officer who shall act upon the same in the manner set forth in Sections 5.40.170 through 5.40.210. The suspension shall become a revocation if the hearing officer upholds the suspension. The determination of the hearing officer shall be final and conclusive.

(Ord. 5032 § 11.30, 1971)

The provisions of this chapter shall not apply to or affect the lawful business of any employment agency licensed under the laws of the state or any bona fide nonprofit organization.

(Ord. 5032 § 13.00, 1971)

Any person violating any of the provisions of this chapter is deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00, or by imprisonment for a period of not to exceed 6 months, or both such fine and imprisonment.

(Ord. 5032 § 12.00, 1971)