Article VI — Figure Model Studios

As used in this article:

"Figure model" means any person who poses to be observed, viewed, conversed with, sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted.

"Figure model studio" means any premises where there is conducted the business of furnishing, providing or procuring figure models who pose for the purpose of being observed, conversed with, or viewed by any person, or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted in the nude or seminude for persons who pay a fee, or other consideration, compensation or gratuity, for the right or opportunity to converse with or so depict a figure model, or for admission to, or for permission to remain upon or as a condition of remaining upon the premises.

"Nude or seminude" means completely without clothing or covering, or with partial clothing or covering with any pubic area exposed or with any portion of the crease of the buttocks exposed, or the exposing of any portion of either breast at or below the areola, or the wearing of any type clothing so that those portions of the anatomy described in this subsection may be observed.

"Person" means any natural person, firm, partnership, corporation, or association. (Ord. 86-O-104, 1986)

The words "figure model studio" do not include:

• (1) Any studio which is operated by any state college or public junior college or school wherein the person operating it has met the requirements established in Section 21 of the Education Code for the issuance or conferring of, and is, in fact, authorized thereunder to issue and confer, a diploma or honorary diploma;

• (2) Any studio which is a part of an institution receiving financial support, in whole or in part, through contributions of the federal or any state, county or city governments; or

• (3) Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in paragraphs (1) and (2) of this section.

• (Ord. 86-O-104, 1986)

• (a) It shall be unlawful for any person to engage in, conduct or carry on, in or upon any premises within the city, the business of a figure model studio without a permit issued pursuant to the provisions of this article for each and every such figure model studio.

• (Ord. 86-O-104, 1986)

• (a) Any person desiring to obtain a permit to operate a figure model studio shall make application to the chief of police or designated representative. Prior to submitting such application, a nonrefundable fee established by resolution of the city council shall be paid to the department of finance to defray, in part, the costs of investigation and report required by this article. The department of finance shall issue a receipt showing that such permit application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is submitted.

• (b) The application for permit does not authorize conducting a figure model studio until such permit has been granted.

• (c) Each applicant for a figure model studio permit shall furnish the following information:

  • (1) The full true name and any other names used by the applicant;

  • (2) The present address and telephone number of the applicant;

  • (3) The previous addresses of the applicant, if any, for a period of three years immediately prior to the date of the application, and the dates of residence at each;

  • (4) Acceptable written proof that the applicant is at least 18 years of age;

  • (5) The applicant's height, weight, color of eyes and hair, and date of birth;

  • (6) Two photographs of the applicant at least two inches by two inches, taken within the last six months;

  • (7) Business, occupation or employment history of the applicant for the three years immediately preceding the date of application;

  • (8) The business license history of the applicant, and whether such applicant, in previously operating in this or any other city, state or territory under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

  • (9) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions;

• (10) 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 and date of incorporation, and the names and addresses of each of its current officers and directors, and of each stockholder holding more than 5% of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this ordinance, but only one application fee shall be charged;

  • (11) The name and address of the owner and lessor of the real property upon which the business is to be conducted, and a copy of the lease or rental agreement;

  • (12) Such other identification and information as the police department may require in order to discover the truth of the matters specified in this section as required to be set forth in the application;

  • (13) The chief of police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

• (d) The applicant, if an individual, or designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the police department of the city and produce proof that the required application fee has been paid, and shall present the application containing the aforementioned and described information.

• (e) The chief of police shall have a reasonable time in which to investigate the application and background of the applicant. The chief of police or his representative shall render a recommendation as to the approval or denial of the permit to the city administrator. The department of building safety and housing, the fire department, and the Orange County health department shall inspect the premises proposed to be devoted to the figure model studio and shall make separate recommendations to the city administrator concerning compliance with applicable laws. The proprietor of such establishment shall pay a fee established by resolution of the city council to the county health officer's public health and sanitation services for such inspection.

• (f) The city administrator, after receiving the application and aforementioned recommendations, shall grant the permit if he finds:

  • (1) The required fee has been paid;

  • (2) The application conforms in all respects to the provisions of this article;

• (3) The applicant has not knowingly made a material misrepresentation in the application;

  • (4) The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not, within five years prior to the application filing date, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal Code Sections 314, 315, 316, 318, 647(a),647(b), 647(d) or 647(h), or convicted in any other state for an offense which, if committed in this state, would have been punishable as one or more of the aforementioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude;

  • (5) The applicant has not had a figure modeling studio permit or model permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state within the five years prior to the date of application;

  • (6) The figure model studio as proposed by the applicant would comply with all applicable laws, including but not limited to, health, zoning, fire and building safety requirements and standards;

  • (7) The applicant is at least 18 years of age.

• (g) Any person, corporation or partnership denied a permit by the city administrator pursuant to these provisions may appeal such decision.

(Ord. 86-O-104, 1986)

It shall be unlawful for any person to act as a figure model in any figure model studio as defined unless such person holds a valid permit issued by the city pursuant to the provisions of this article.

• (Ord. 86-O-104, 1986)

• (a) Any person desiring to obtain a permit to act as a figure model shall make application to the chief of police or his designated representative. Prior to submitting such application, a nonrefundable fee established by resolution of the city council shall be paid to the department of finance to defray, in part, the cost of investigation and report required by this article. The department of finance shall issue a receipt showing that such permit application has been paid. The receipt, or copy thereof, shall be supplied to the chief of police at the time such application is submitted.

• (b) The application for permit does not authorize acting as a figure model until such permit has been granted.

• (c) Each applicant for a figure model permit shall furnish all the information required by paragraphs (1) through (9) of subsection (c) of Section 6.56.530, and shall in addition furnish the following information:

  • (1) The figure model studio, if any, at which the applicant expects to be employed:

  • (2) Such other identification and information as the police department may require in order to discover the truth of the matters specified in this section as required to be set forth in the application;

  • (3) The chief of police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

• (d) The chief of police shall have a reasonable time in which to investigate the application and background of the applicant. The chief of police or his representative shall render a recommendation as to the approval or denial of the permit to the city administrator.

• (e) The city administrator, after receiving the application and aforementioned recommendation, shall grant the permit if he finds in accordance with subsection (f) of Section 6.56.530.

• (f) Any person denied a permit by the city administrator pursuant to these provisions may appeal such decision.

• (Ord. 86-O-104, 1986)

Every person operating a figure model studio shall maintain facilities meeting the following minimum requirements:

• (1) Sign. Subject to applicable ordinances, a recognizable and legible sign shall be posted at the main entrance identifying the establishment as a figure model studio.

• (2) Lighting. Minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where figure modeling services are performed.

• (3) Ventilation. Minimum ventilation shall be provided in accordance with Section 1105 of the Uniform Building Code.

• (4) Compliance with Code. Proof of compliance with all applicable provisions of the Placentia Municipal Code shall be provided by the person(s) operating such figure model studio.

• (Ord. 86-O-104, 1986)

Every person operating a figure model studio shall comply with the following operating requirements. These requirements shall be prominently and publicly displayed by the person(s) operating such figure model studio in a conspicuous place upon every premises operating under the provisions of this article:

• (1) Each person employed or acting as a figure model shall have a valid permit issued by the city, and it shall be unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of the studio to employ or permit a person to act as a figure model as defined in this code who is not in possession of a valid unrevoked figure model permit.

• (2) Figure model services shall be carded on, and the premises shall be open, only between the hours of 7:00 a.m. and 12:00 midnight.

• (3) The figure model permit, and a copy of the permit of each and every figure model employed in the studio, shall be displayed in an open and conspicuous place on the premises.

• (4) No person shall enter, be or remain in any part of a figure model studio while in the possession of, consuming, or using any alcoholic beverage or drug except pursuant to a prescription for such drug. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises.

• (5) No figure model studio shall operate as a massage establishment or school of massage, or use the same facilities as that of a massage establishment or school of massage.

• (Ord. 86-O-104, 1986)

• (a) Upon the sale or transfer of any interest in a figure model studio, the permit shall be null and void. A new application shall be made by any person desiring to own or operate the figure model studio. A fee established by resolution of the city council shall be payable for each such application involving sale or other transfer of any interest in an existing figure model studio. The provisions of Section 6.56.530 of this chapter shall apply to any person applying for a figure model studio permit for premises previously used as such studio.

• (b) Any such sale or transfer of any interest in an existing figure model studio, or any application for an existing or expansion of the building or other place of business of the figure model studio, shall require inspection and shall require compliance with Section 6.56.560 of this article.

• (Ord. 86-O-104, 1986)

• (a) A change of location of any of the aforementioned and described premises may be approved by the chief of police and the director of planning provided all ordinances and regulations of the city are complied with and a change of location fee as established by resolution of the city council is deposited with the city.

• (b) No permittee shall operate under any name or conduct any establishment under any designation not specified in his permit.

• (Ord. 86-O-104, 1986)

No person operating a figure model studio shall permit conditions to exist whereby the interior portions of said figure model studio shall be visible from the outside of the premises. (Ord. 86-O-104, 1986)

Every person operating a figure model studio shall maintain a record file of all figure models employed by him or using the premises. This file shall contain the true names and all aliases used by the figure model, age. birth date, height, weight, color of hair and eyes, home address, and phone numbers, date of employment and termination. Inactive file cards shall be maintained on the premises for a period of one year following termination of employment. Such persons shall make all records immediately available upon demand of any law enforcement officer. (Ord. 86-O-104, 1986)

• (a) It shall be unlawful for any person to pose as a figure model for the purposes of being observed, sketched. painted, sculptured, photographed or otherwise similarly depicted in the nude or seminude in such a manner that the average person, applying contemporary community standards, would find that the activities, as a whole, appeal to the prurient interest, depict in a patently offensive way sexual conduct specifically defined by applicable state law, and lacks serious literary or artistic value. Any violation of this provision shall be deemed grounds for the revocation of the permit granted hereunder.

• (b) It shall be unlawful for any operator of a figure model studio to violate the provisions of Section 6.56.520, 6.56.560, 6.56.570, 6.56.590, 6.56.600, or 6.56.610.

• (c) It shall be unlawful for any figure model to violate the provisions of Section 6.56.540 or to act as a figure model in any figure model studio which does not have a license therefor as required by Section 6.56.520.

• (d) Any person violating the provisions of subsections (a) or (b) of Section 6.56.620 shall be guilty of a misdemeanor.

(Ord. 86-O-104, 1986)

When the city administrator finds that any person holding a permit under the provisions of Sections 6.56.530 or 6.56.550 has violated the provisions of this article, he may revoke the permit. No such revocation shall become effective until the permit holder has been notified in writing by certified mail of his or her right of appeal to the revocation decision. If a timely appeal is filed, the revocation shall be effective only upon decision of the city council. Otherwise the revocation shall become effective after the timely appeal period has passed. (Ord. 86-O-104, 1986)

Any figure model studio operated, conducted or maintained contrary to provisions of this chapter is declared to be unlawful and a public nuisance, and the city attorney 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 figure model studio and restrain and enjoin any person from operating, conducting or maintaining a figure model studio contrary to the provisions of this chapter.

(Ord. 86-O-104, 1986)

The provisions of this article shall be applicable to all persons and businesses described in this article, whether the herein described activities were established before or after the effective date of this article, except that those in business prior to the effective date of this article shall have 60 days from such date to comply with the terms herein.

(Ord. 86-O-104, 1986)

Article VII Escort Bureau and Introductory Services

It is the purpose and intent of the city council of the city, by the adoption of this article, that the operation of an escort bureau or introductory service, as defined in this article, should be regulated for the protection of the public from the perils of fire, hazard to health, and for the preservation of the peace and welfare of the community. (Ord. 86-O-104, 1986)

As used in this article:

"Business or commerce" means that term as is defined in Section 6.04.020 of this code.

"Escort" means any person who, for pecuniary compensation:

• (A) Escorts, accompanies or consorts with other persons to, from or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the city;

• (B) Escorts, accompanies or consorts with other persons in or about any place of public or private resort or within any private quarters located or situated within the city.

• (C) Escorts, accompanies or consorts with other persons in or about any business or commercial establishment, or part or portion thereof, located or situated within the city.

"Escort bureau" means any business, agency or self employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts.

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

"Pecuniary compensation" means any commission, fee, gratuity, hire, profit, reward, or any other form of consideration.

"Person" means any natural person, firm, partnership, corporation or association.

"Profit interest" means any interest or share in the present or prospective profit of an escort bureau or introductory service. (Ord. 86-O-104, 1986)

It shall be unlawful for any person to engage in, conduct or carry on, in or upon any premises or real property located or situated within the city, the activities of an escort bureau or introductory service, unless there has been granted to such person a valid permit pursuant to the provisions of this article. A separate permit shall be required for each location within the city at which an escort bureau or introductory service is to be established. (Ord. 86-O-104, 1986)

The term of an escort bureau or introductory service permit, unless sooner suspended or revoked, shall be for a period of one year.

(Ord. 86-O-104, 1986)

An escort bureau or introductory service permit, issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of not to exceed one year on written application to the chief of police made at least 90 days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required by Section 6.56.760 of this article, and shall be processed in accordance with the provisions of this article.

(Ord. 86-O-104, 1986)

The requirements of this article shall have no application and no effect upon and shall not be construed as applying to a person in the lawful business of an employment agency licensed under the laws of the state of California.

(Ord. 86-O-104, 1986)

• (a) Any person desiring to obtain a permit, or renew an existing permit, to operate an escort bureau or an introductory service, shall make application to the chief of police or his designated representative. Prior to submitting such application for a permit or renewal of a permit, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. Permit issuance or renewal fees required under this article shall be in addition to any license, permit or fee required under any other chapter of this code.

• (b) Neither the filing of an application for a permit or renewal thereof, nor payment of an application or renewal fee, shall authorize the conducting of an escort bureau or introductory service until such permit has been granted or renewed.

• (c) Each applicant for an escort bureau or introductory service permit, or renewal thereof, shall furnish the following information:

  • (1) The present or proposed address where the business is to be conducted;

  • (2) The full true name under which the business will be conducted;

  • (3) The full true name and any other names used by the applicant;

  • (4) The present residence and business addresses and telephone numbers of the applicant;

  • (5) Each residence and business address of the applicant for the five year period immediately preceding the date of filing of the application, and the inclusive dates of each such address;

• (6) California driver's license or identification number and social security number of the applicant;

• (7) Acceptable written proof that the applicant is at least 18 years of age;

• (8) The applicant's height, weight, color of eyes and hair, and date of birth;

• (9) Two photographs of the applicant, at least two inches by two inches in size, taken within the six month period immediately preceding the date of the filing of the application;

• (10) The business, occupation or employment history of the applicant for the three year period immediately preceding the date of the filing of the application;

• (11) The permit history of the applicant, for the five year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason or reasons therefor;

• (12) All criminal convictions suffered by the applicant, including ordinance violations but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction;

• (13) 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 and date of incorporation, and the names, residence addresses. and dates of birth of each of its current officers and directors, and each stockholder holding more than 5% of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the names, residence addresses and dates of birth of each of the partners, including limited partners and profit interest holders. 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 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 of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this article, but only one application fee shall be charged;

• (14) In the event the applicant is not the owner of record of the real property upon which the escort bureau or introductory service 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 or introductory service 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 or rental agreement pertaining to the premises in which the escort bureau or introductory service is or will be located;

  • (15) A definition of the service to be provided;

  • (16) The true names and residential addresses of all persons employed or intended to be employed as escorts;

  • (17) Such other identification and/or information as the chief of police may require in order to discover the truth of the matters required to be set forth in the application.

• (d) The applicant, if a natural person, or a designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the police department of the city and produce proof that the required application or renewal fee has been paid, and shall present the application containing the information and supporting documentation required by subsection (c) of this section.

• (e) The chief of police may require the applicant, if a natural person, or the designated responsible managing officer, if the applicant is a partnership or corporation, to appear in person at the police department in order to be photographed and fingerprinted.

• (f) When any change occurs regarding the written information required by subsection (c) of this section to be included in the application, the applicant or permit holder, as the case may be, shall give written notification of such change to the chief of police within 24 hours after such change.

• (g) The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant. The chief of police, or his representative, shall, within 60 days after the date of the filing of the application, render a written recommendation to the city administrator as to approval or denial of the application for the permit or renewal thereof.

• (h) The city administrator, within 30 days after receiving the application and aforementioned recommendation from the chief of police, shall grant the permit, or renewal thereon only if he finds that all of the following requirements have been met:

  • (1) The required fees have been paid;

  • (2) The application conforms in all respects to the provisions of this article;

  • (3) The applicant has not knowingly made a material misrepresentation of fact in the application;

  • (4) The applicant has fully cooperated in the investigation of the application;

  • (5) The applicant, if an individual; or any of the directors, officers or stockholders holding more than 5% of the stock of the corporation; or any of the partners, including limited partners; or the holder of any lien of any nature or profit interest holder; or the manager or other person principally in charge of the operation of the existing or proposed escort bureau or introductory service; or a natural person employed or contracted with to be an escort or to provide escort services has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or 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 through311.7, 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);

  • (6) The applicant has not had an escort bureau, introductory service or escort permit or other similar license or permit denied or suspended or revoked for cause by the city, or by any other city or county located in or out of this state, within the five year period immediately preceding the date of the filing of the application;

  • (7) The escort bureau or introductory service, as proposed by the applicant, would comply with all applicable city, county and state laws, including but not limited to health, zoning, fire and safety requirements and standards; and

  • (8) The applicant, manager or other person principally in charge of the operation of the business is at least 18 years of age.

• (i) If the city administrator does not find that all of the requirements set forth in paragraphs (1) through (8) of subsection (h) of this section have been met, he shall deny application for the permit or renewal thereof. In the event the application for the permit or renewal thereof is denied by the city administrator, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant, or when deposited in the United States mail with postage prepaid and addressed to the applicant at the residence address set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort bureau or introductory service permit, or renewal thereof, has been denied by the city administrator, may appeal such denial to the city council.

• (Ord. 86-O-104, 1986)

• (a) No holder of an escort bureau or introductory service permit shall employ as an escort any person under 18 years of age.

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

• (Ord. 86-O-104, 1986)

It shall be unlawful for any person to act as an escort unless there has been granted to such person a valid permit pursuant to the provisions of this article. Such permit shall be issued to the address of the employer of the escort, who must in turn also hold a valid escort bureau or introductory service permit issued by the city pursuant to the provisions of this article. (Ord. 86-O-104, 1986)

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

(Ord. 86-O-104, 1986)

An escort permit issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of one year on written application to the chief of police made at least 90 days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required in Section 6.56.820, of this article and shall be processed in accordance with the provisions of this article. (Ord. 86-O-104, 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. 86-O-104, 1986)

• (a) Any person desiring to obtain a permit, or renewal of an existing permit, to act as an escort, shall make application to the chief of police or his designated representative. Prior to submitting such application for a permit or renewal of a permit, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such permit application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. Permit fees required under this article shall be in addition to any license, permit or fee required under any other chapter of this code.

• (b) Neither the filing of an application for a permit, or renewal thereof, nor the payment of an application or renewal fee, shall authorize a person to act as an escort until such permit has been granted or renewed.

• (c) Each applicant for an escort permit, or renewal thereof, shall furnish the information required by paragraphs (1) through (12) of subsection (c) of Section 6.56.760, and shall, in addition, furnish the following information:

  • (1) A certificate from a medical doctor licensed to practice in the state of California. stating that the applicant has, within 30 days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable disease;

  • (2) Satisfactory evidence that the applicant is employed, or has been offered employment, by an escort bureau or introductory service holding a valid permit issued by the city, including the name and address of the employer or prospective employer and the fact that such employment is contingent upon the issuance of said permit; and

  • (3) Such other identification and information as the chief of police may require in order to discover the truth of the matters required to be set forth in the application.

• (d) The chief of police may require the applicant to appear in person at the police department in order to be photographed and fingerprinted.

• (e) The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant. The chief of police, or his representative, shall, within 60 days after the date of the filing of the application, render a written recommendation to the city administrator as to approval or denial of the application for the permit or renewal thereof.

• (f) The city administrator, within 30 days after receiving the application and aforementioned recommendation from the chief of police, shall grant the permit, or renewal thereof, only if he finds that all of the requirements of paragraphs (1) through (4) of subsection (h) of Section 6.56.760 have been met, and, in addition, if he finds that the following additional requirements have been met:

  • (1) The applicant has furnished an acceptable medical certificate in compliance with paragraph (1) of subsection (c) of this section;

  • (2) The applicant has not had an escort bureau, introductory service or escort permit or other similar license or permit denied or suspended or revoked for cause by the city, or by any other city or county located in or out of this state, within the five years immediately preceding the date of the filing of the application;

  • (3) The applicant is at least 18 years of age;

  • (4) The applicant has not 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 Section290, Penal Code Sections 311.2 through 311.7, Penal Code Sections314 through 318, and subsections (a), (b), (c), (d), or (h) of Section647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct.

• (g) If the city administrator does not find that all of the requirements set forth in subsection (f) of this section have been met, he shall deny the application for the permit or renewal thereof. In the event the application for the permit, or renewal thereof, is denied by the city administrator, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant, or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort permit, or renewal thereof, has been denied by the city administrator, may appeal such denial to the city council as provided in this code.

• (h) When any change occurs regarding the written information required by subsection (c) of this section, the applicant or permit holder, as the case may be, shall give written notification of such change to the chief of police within 24 hours after such change.

(Ord. 86-O-104, 1986)

No holder of an escort permit shall escort, offer to escort or perform any activity described in this article to any person under 18 years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person on whose behalf the escort or introductory service is engaged.

(Ord. 86-O-104, 1986)

Upon the sale or transfer of any interest in an escort bureau or introductory service, the permit shall immediately become null and void. A new application shall be made by any person, firm or entity desiring to own or operate the escort bureau or introductory service. A fee as established by resolution of city council shall be payable for each such application. Any application involving the sale or other transfer of any interest in an existing escort bureau or introductory service, as well as any permit which may thereafter be granted, shall be subject to the provisions of this article.

(Ord. 86-O-104, 1986)

• (a) A change of location of any premises or real property where a permitted escort bureau or introductory service is conducted may be approved by the chief of police provided all requirements of this article and all ordinances and regulations of the city are complied with and a change of location fee as established by resolution of the city council is deposited with the director of finance. Application for such change shall be made within three days of such change.

• (b) No permit holder shall operate an escort bureau or introductory service under any name or designation not specified in the permit.

• (Ord. 86-O-104, 1986)

Any person violating any provision of this article shall be guilty of a misdemeanor and be punishable by a fine of not more than $500 or by imprisonment for not more than six months, or by both such fine and imprisonment. Revocation or suspension of a permit issued under this article shall not be a defense against prosecution. (Ord. 86-O-104, 1986)

If the city administrator finds that any person holding an escort bureau or introductory service permit under the provisions of this article has violated any of the provisions of this article or conducts such business in such a manner as would have been grounds for denial of a permit as set forth in subsection (h) of Section 6.56.760. or if the city administrator finds that any person holding an escort permit is engaging in behavior or actions which violate any of the provisions of this article or which would have been grounds for denial of a permit as set forth in subsection (f) of Section 6.56.820, he or she may suspend or revoke the permit. No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of this code. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit or renewal thereof. If a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the city council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired.

(Ord. 86-O-104, 1986)

Any escort bureau or introductory service operated, conducted or maintained contrary to the provisions of this article is hereby declared to be unlawful and a public nuisance, and the city attorney 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 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 or introductory service contrary to the provisions of this article.

(Ord. 86-O-104, 1986)

The provisions of this article shall be applicable to all persons and businesses described herein, whether the herein described activities were established before or after the effective date of the ordinance enacting this article into law. All such persons and businesses shall have 60 days from said effective date to comply with the provisions of this article. (Ord. 86-O-104, 1986)