Port Hueneme Municipal Code Ch. 9 Escorts and Escort Services

For the purposes of this Chapter, the words, terms and phrases in this Chapter shall have the meaning set forth below, unless the context clearly requires a different meaning:

"Chief of Police" means the Chief of Police of the City of Port Hueneme, or his or her designee.

"City Manager" means the City Manager of the City of Port Hueneme, or his or her designee.

"Completed application" means all of the requested information required by this Chapter has been submitted, including the completed investigation and verification of the "State Summary Criminal History" report.

"Disqualifying conduct" means the conduct of a person who:

(1) Within five (5) years immediately preceding the filing of the application in question or, in the case of revocation or suspension proceedings, within five (5) years of the date of notice of hearing, has been convicted in a court of competent jurisdiction of:

(A) Any misdemeanor or felony offense which relates directly to the operation of an escort service, whether as an escort service owner or operator, or as an escort; or

(B) Any felony, the commission of which occurred on the premises of an escort service; or

(2) Within five (5) years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within five (5) years of the date of notice of revocation or suspension hearings, whichever is applicable, has had any escort service or escort license or permit, which was issued by the State or any County or City revoked; or

(3) Within five (5) years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within five (5) years of the date of notice of revocation or suspension hearings, whichever is applicable, has been convicted in a court of competent jurisdiction of:

(A) Any violation of Penal Code Sections 266h, 266i, 290, 311.2 through 311.7, 314 through 318, subsections (a), (b), (c), (d), or (h), of Section 647 and 647b; or

(B) Conspiracy of attempt to commit any such offense; or

(C) Any offense in a jurisdiction outside the State of California which includes all of the elements of the offenses enumerated in this subsection (3)(A); or

(D) Any offense which requires registration as a sex offender pursuant to Penal Code Section 290; or

(E) Any violation which involves the use of force and violence on the person of another; or

Within five (5) years immediately preceding the date of the filing of the application in question, or, in the case of revocation or suspension proceedings, within five (5) years of the date of notice of revocation or suspension hearings, whichever is applicable, has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code Sections 11225 through 11235, or any similar provisions of law in a jurisdiction outside the State of California.

"Escort" means any person who, for hire, reward, or other pecuniary compensation, accompanies or consorts with another person to, from 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;

"Escort license" means the license required to work as an escort.

"Escort service" means any business, agency or self-employed or independent escort who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts, introduction services or dating services. For purposes of this Chapter, the definition of "escort service" does not include any business, agency or person who provides escort services for senior citizens when such services are provided as part of a bona fide social, welfare and health program for such senior citizens. The definition of "escort services" also does not include any kind of guaranteed return trip program authorized pursuant to state law. In addition, this Chapter shall not apply to any person who accompanies another within the confines of a personal relationship, or accompanies others as an incident to their trade or profession, such as attorneys, nurses, bodyguards, or tour guides, nor to any person, business, firm, or company lawfully conducting any employment agency.

"Escort service license" means the license to operate an escort service within the City.

"Person" means any individual, firm, association, partnership, LLP, corporation, LLC, joint venture, or combination of individuals.

(Ord. 633 § 1 (part), 2000)

(a) No person shall engage in, conduct or carry on the business of an escort service without having an escort license issued under the provisions of this Chapter.

(b) 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. Every escort service licensee shall report immediately in writing to the Chief of Police any change or transfer of employment as an escort licensee.

(c) 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 service license in the manner described in this Chapter.

(Ord. 633 § 1 (part), 2000)

Every person desiring to provide escort services as provided in Section 3915 shall make application for a license to the City of Port Hueneme. The application shall provide the following:

(a) 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 permitted by law provided that the proposed name is designated in the application for the license;

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

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

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

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

(f) The applicant shall also be photographed and fingerprinted by the police department. One (1) photograph shall be attached to the original application, one (1) to the duplicate and one (1) to the license;

(g) Address, City, State and dates when the applicant practiced a similar business, either alone or in conjunction with others;

(h) 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;

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

(j) 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;

(k) The availability of the escort service license application as a public record shall be governed by Government Code Section 6250 et seq.

(Ord. 633 § 1 (part), 2000)

Any application for a license to operate an escort service shall be accompanied by a non-refundable fee. The application fee shall be determined by Resolution of the City Council and 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 and this fee shall be determined by Resolution of the City Council. The application fees shall be subject to quarterly proration.

(Ord. 633 § 1 (part), 2000)

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 a duplicate shall be provided to the police department within twenty-four (24) hours if requested by the City Manager to ensure the public health, safety and welfare. The availability of this record shall be governed by the Public Records Act, Government Code Section 6250 et seq. and 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.

(Ord. 633 § 1 (part), 2000)

Upon receipt of the completed application and the application fee, the Chief of Police shall refer same to interested departments of the City including, but not limited to, the Chief of Police, City Manager, City Attorney, Planning Department, Building and Safety Department, and the Finance 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 completed application is referred shall complete its investigation and file the report with the Chief of Police within sixty (60) days of the date of the completed application. Any department to which an application is referred that does not file its report with the Chief of Police as provided herein shall be deemed to have recommended approval of the application.

(Ord. 633 § 1 (part), 2000)

(a) 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 denied, suspended or revoked for cause by the City or any other city or county located in or out of the State of California.

(b) The Chief of Police shall thereafter issue the license when the required fee has been paid.

(c) 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 Sections 600 through 900.

(d) Any appeal from a denial of an escort service license shall be made in accordance with the provisions of Section 3942 of this Chapter.

(Ord. 633 § 1 (part), 2000)

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. 633 § 1 (part), 2000)

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. 633 § 1 (part), 2000)

(a) 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:

(1) Set forth the specific violation or violations found;

(2) 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; and

(3) 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.

(b) 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. 633 § 1 (part), 2000)

(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. 633 § 1 (part), 2000)

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

(Ord. 633 § 1 (part), 2000)

(a) Any person lawfully possessing an escort service license under this Chapter shall have thirty (30) days from the date of expiration to renew his/her license.

(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.

(Ord. 633 § 1 (part), 2000)

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. 633 § 1 (part), 2000)

Any escort service operated, conducted or maintained contrary to the provisions of this Chapter shall be declared to be unlawful and a public nuisance and the City Attorney or State 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 service contrary to the provisions of this Chapter.

(Ord. 633 § 1 (part), 2000)

No person shall for hire, reward, or other pecuniary compensation, accompany or consort with another, to or about social affairs, entertainments, places of amusement, places of pubic assembly, or within any public or private resort, or within any private quarters, or any business or commercial establishment, without first obtaining an escort license.

(Ord. 633 § 1 (part), 2000)

Every person desiring to be an escort as provided in Section 3915 shall make application for a license to the City of Port Hueneme. The application shall provide the following:

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

(b) Address of the proposed escort service location out of which the escort shall be employed;

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

(d) The applicant shall be photographed and fingerprinted by the Police Department, and subject to investigation and verification of a "State Summary Criminal History." One (1) photograph shall be attached to the original application, one (1) to the duplicate and one (1) to the license;

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

(f) The availability of the escort license application as a public record shall be governed by Government Code Section 6250 et seq.

(Ord. 633 § 1 (part), 2000)

Any application for a license to perform as an escort shall be accompanied by a non-refundable fee. The application fee shall be determined by Resolution of the City Council and shall be used to defray the cost of the investigation and report. A license to perform as an escort shall be renewed annually. The licensee shall pay a renewal fee for such renewal and this fee shall be determined by Resolution of the City Council. The application fees shall be subject to quarterly proration.

(Ord. 633 § 1 (part), 2000)

No license issued under this Chapter shall be transferred in any manner, whether by operation of law or otherwise, from person to person. Every escort shall report immediately in writing to the Chief of Police any change or transfer of employment to another escort service.

(Ord. 633 § 1 (part), 2000)

Upon receipt of the completed application and the application fee, the Chief of Police shall refer the same to interested departments of the City including, but not limited to, the City Manager, and City Attorney. Each department to which a completed application is referred shall complete its investigation and file the report with the Chief of Police within sixty (60) days of the date of the completed application. Any department to which an application is referred that does not file its report with the Chief of Police as provided herein shall be deemed to have recommended approval of the application.

(Ord. 633 § 1 (part), 2000)

(a) 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) The applicant has not been convicted or pled nolo contendere or guilty to a misdemeanor or felony crime involving "disqualifying conduct." If the applicant has suffered any of the aforementioned, the application shall be denied;

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

(b) The Chief of Police shall thereafter issue the license when the required fee has been paid.

(c) 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 Sections 600 through 900.

(d) Any appeal from a denial of an escort license shall be made in accordance with the provisions of Section 3942 of this Chapter.

(Ord. 633 § 1 (part), 2000)

(a) Whenever the Chief of Police, or his or her designee, discovers that any provision of this Chapter has been violated, the Chief of Police shall give notice of such violation by means of a citation or other written notice. In any such notification, the Chief of Police shall:

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

(2) Establish a specific and reasonable period of time for the correction of the violation or violations, if feasible. 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; and

(3) 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.

(b) 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 licensee.

(Ord. 633 § 1 (part), 2000)

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

(Ord. 633 § 1 (part), 2000)

(a) Any person licensed as an escort under this Chapter shall have thirty (30) days from the date of expiration of his/her license to renew the same.

(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.

(Ord. 633 § 1 (part), 2000)

The escort 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 Article. 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 and/or identification card issued by the City upon the suspension, revocation or expiration of such license, or upon leaving employment as an escort.

(Ord. 633 § 1 (part), 2000)

After an investigation, notice and hearing, any license issued for an escort service may be revoked or suspended by the Chief of Police where any of the following is found:

(a) The licensee has violated any provisions of this Chapter; or

(b) The licensee is a person who has engaged in disqualifying conduct; or

(c) The licensee has failed to comply with one or more of the facilities and operations requirements of this Chapter; or

(d) The licensee has engaged in fraud, misrepresentation or false statements in conducting the escort service; or

(e) The licensee has continued to operate the escort service after the license has been suspended; or

(f) The licensee has allowed a person to work as an escort who:

(1) Does not have a valid escort license, or

(2) Within the past five (5) years, has been convicted of a disqualifying offense where the licensee has actual or constructive knowledge of such conviction.

(Ord. 633 § 1 (part), 2000)

After an investigation, notice and hearing, any escort license may be revoked or suspended by the Chief of Police where it is found that:

(a) The licensee has violated any provision of this Chapter; or

(b) The licensee is a person who has engaged in disqualifying conduct; or

(c) The licensee has continued to function as an escort after the license has been suspended; or

(d) The licensee has failed to comply with the requirements of either Section 3917 or Section 3931, whichever is applicable; or

(e) The licensee has made a material misstatement in the application for a license.

(Ord. 633 § 1 (part), 2000)

(a) Upon determining that grounds for denial exist, as set forth in Chapter 9, the Chief of Police shall provide written notice to the applicant that their application has been denied.

(1) Such notice shall summarize the principal reasons for the denial and shall state that the applicant may request a hearing within fifteen (15) calendar days of the postmarked date on the notice. The notice shall be mailed via regular first-class mail.

(2) Upon receipt of written request for a hearing, the City Clerk shall notify the applicant, in writing, that the City Manager shall act as the hearing officer and conduct a hearing. The applicant may object to the City Manager as the hearing officer by notifying the City Clerk of said objection, in writing, within ten (10) days of the written request for a hearing. In the event an applicant objects, the City Council would choose a neutral third party and the applicant would choose a neutral third party, and these two (2) third parties would choose a hearing officer. The hearing officer shall conduct a hearing, within forty-five (45) calendar days of the filing of such request by the applicant. Notice of time and place of the hearing shall be given to the applicant by personal service or via regular first-class mail and certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the hearing. At the hearing, the applicant and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The hearing officer shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer.

(3) At the conclusion of the hearing, the hearing officer shall decide whether grounds for denial exist. If the hearing officer decides that no grounds for denial exist, the license shall be issued. If the hearing officer decides that grounds for denial exist, the applicant's license is denied.

(b) Upon determining the grounds for revocation or suspension exist, as set forth in Sections 3940 and/or 3941, the Chief of Police shall furnish written notice of the proposed revocation or suspension to the licensee. For purposes of this section only, "licensee" shall include a person holding an escort service license or escort license. Such notice shall summarize the principal reasons for the proposed revocation or suspension; shall state that the licensee may request a hearing within fifteen (15) calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the escort service and by sending the notice by certified mail, postage prepaid, addressed to the licensee as that name and address appear on the license. Within fifteen (15) calendar days after the date of the mailing or posting of the notice, the licensee may file a request for hearing with the Chief of Police. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the Chief of Police shall transmit the request to the City Manager, and the hearing shall be provided.

(c) Upon receipt of a written request for a hearing, the City Manager shall conduct a hearing within forty-five (45) calendar days of the filing of such request by the licensee. The licensee may object to the City Manager as the hearing officer. In the event a licensee objects, the City Council would choose an arbitrator and the licensee would choose an arbitrator, and these two (2) arbitrators would choose a hearing officer. Notice of time and place of the hearing shall be given to the licensee by personal service or via certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the public hearing. At the hearing, the licensee and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The hearing officer shall not be bound to the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer.

(d) At the conclusion of the hearing, the hearing officer shall decide whether the grounds for revocation or suspension exist and shall submit a written report to the Chief of Police. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Chief of Police regarding whether the license is to be revoked or suspended. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee within one (1) day after it is filed with the City Clerk.

(e) If the hearing officer determines that any grounds for revocation or suspension exist, as provided in Sections 3940 and/or 3941 of this Chapter, the Chief of Police, based upon the report of the hearing officer or, if no hearing was requested by the licensee, based upon the report of the City staff and/or the Chief of Police, shall immediately revoke or suspend the appropriate license(s). The decision of the hearing officer shall be appealable to the City Council by the filing of a written appeal with the City Clerk within fifteen (15) calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the hearing officer. Any such appeal shall be a de novo public hearing to determine if there was a substantial evidence to support the hearing officer's findings. The decision of the City Council upon appeal, or the decision of the hearing officer in the absence of a timely appeal, shall be final and conclusive.

(Ord. 633 § 1 (part), 2000)

It shall be unlawful and a misdemeanor subject to punishment in accordance with Section 1100 et seq. of this Code for any person to violate any provision of this Chapter.

(Ord. 633 § 1 (part), 2000)