San Diego Municipal Code Div. 28 Escort Services

(“Friendship Clubs” repealed 4–16–1990 by O–17452 N.S.) (“Escort Services” added 4–16–1990 by O–17452 N.S.)

It is the purpose and intent of this Division to provide for the orderly regulation of outcall nude entertainment and outcall nude entertainers in The City of San Diego by establishing certain minimum standards for the conduct of this type of business to protect the public order and the general welfare of the residents of The City of San Diego. (“Citation of Ordinance” repealed; “Purpose and Intent” renumbered from Sec. 33.2802 and amended 10-30-2000 by O-18875 N.S.)

For purposes of this Division:

“Adult entertainment establishment” includes any business that is characterized by an
emphasis on depicting, describing or showing specified sexual activities, or specified
anatomical areas. It includes any establishment regulated in Section 141.0601 of this
Code.

“Nude” means being devoid of an opaque covering which covers the genitals, pubic
hair, buttocks, perineum, anus or anal region of any person, or any portion of the
female breast at or below the areola.

“Nude entertainment” means any live performance or activity where a nude person
provides services, including, but not limited to, talking, reading, listening, singing,
posing, walking, dancing, or wrestling.

“Outcall nude entertainment business” means any person who, for a fee, commission,
hire, reward or profit, furnishes or offers to furnish an outcall nude entertainer, as
defined in this section, for any individual or group at a location other than a fixed
business establishment licensed to provide nude entertainment. It includes businesses
that provide outcall nude entertainers such as lingerie models and strippers.

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (11-2000)

“Outcall nude entertainer” includes strippers for bachelor and bachelorette parties, lingerie models, and other similar entertainers. It includes any person who entertains while nude or whose performance is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities.

“Specified anatomical areas” means and includes less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of the areolae, or human male genitals in a discernible turgid state, even if completely and opaquely covered.

“Specified sexual activities” means and includes the fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth above. (“Purpose and Intent” renumbered to Sec. 33.2801; “Definitions” renumbered from Sec. 33.2804 and amended 10-30-2000 by O-18875 N.S.)

Business

(a) It is unlawful for any person to operate or allow the operation of an outcall
nude entertainment business without a police permit for every such business.

(b) It is unlawful for any person to act as an outcall nude entertainer without a
police permit.

(c) The outcall nude entertainment business must provide its outcall nude
entertainers a copy of the outcall nude entertainment business police permit
to be carried by the outcall nude entertainer when the outcall nude entertainer
is working.

(d) In addition to their own police permit, every outcall nude entertainer must
carry a copy of the outcall nude entertainment business permit with them
when working as an outcall nude entertainer.
(“Escort Service— Police Regulated” repealed; ‘Escort Service— Permit Required”
renumbered from Sec. 33.2805, retitled and amended 10-30-2000 by O-18875 N.S.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (10-2000)

Application Contents

(a) To obtain an outcall nude entertainer permit or outcall nude entertainment
business permit, each applicant shall furnish the following information to the
Chief of Police:

(1) The full true name and any other names ever used by the applicant.

(2) The current residential address and telephone number of the applicant.

(3) Each residential and business address of the applicant for the five
years immediately preceding the date of the application, and the
inclusive dates of each such address.

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

(5) Applicant’s height, weight, color of eyes and hair.

(6) Photographs as specified by the Chief of Police.

(7) Applicant’s business, occupation and employment history for the five
years immediately preceding the date of application, including
addresses and dates of employment.

(8) Whether the applicant has ever had any adult entertainment
establishment license or permit, or any adult entertainment
establishment employee license or permit, or any similar license or
permit from any agency or board, or any city, county, state or federal
agency, suspended or revoked within five years immediately
preceding the date of application, and the reason for the suspension or
revocation.

(9) All criminal convictions, including those dismissed pursuant to Penal
Code section 1203.4, except traffic, and the dates and places of the
convictions.

(10) Fingerprints.

(b) In addition to furnishing the information required by Section 33.2804(a), an
applicant for an outcall nude entertainment permit must furnish the following
information:

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (11-2000)

(1) The proposed address and true name or names of the outcall nude
entertainment business, including any fictitious name(s) the business
will operate or advertise under.

(2) The name and address of the owner and lessor of the real property upon which or in which the business is to be conducted, and a copy of the lease or rental agreement and amendments to it.

(3) The full true name and any other names used by the owners and any
persons who exercise control over the operation, management,
direction or policy of the business, or who are responsible for the daily
operation of the business.

(4) If the applicant is a corporation, the name of the corporation exactly as
shown in its Articles of Incorporation or Charter, together with the
state and date of incorporation and names and residence addresses of
each of its current officers and directors, and of each stockholder
holding more than five percent of the stock of the corporation.

(5) If the applicant is a partnership, the name and residence addresses of
each of the partners, including limited partners.

(6) If the applicant is a limited partnership, a copy of the limited
partnership’s certificate of limited partnership as filed with the County
Clerk.

(7) If one or more of the limited partners is a corporation, the applicant
shall provide the information about that partner required by
Section 33.2804(b)(3).

(c) In addition to furnishing the information required by Section 33.2804(a), an
applicant for an outcall nude entertainer permit must furnish the name and
address of the establishment or outcall nude entertainment business at which
the applicant expects to be employed.
(“Definitions” renumbered to Sec. 38.2802; “Outcall Nude Entertainer Permit,
Outcall Nude Entertainment Permit Application Contents” added 10–30–2000 by O–
18875 N.S.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (10-2000)

Each corporate officer or partner of an outcall nude entertainment business is deemed an applicant for an outcall nude entertainment permit and each must provide the information required in Section 33.2804. (“Escort Service— Permit Required” renumbered to Sec. 33.2803, retitled and amended; “Corporate Officers and Partners Deemed Applicants” added 10–30– 2000 by O–18875 N.S.)

An applicant who is a corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. The responsible managing officer may complete and sign all applications on behalf of the corporate officers and partners. (“Escort Service Permit” repealed; “Designation of Responsible Managing Officer, Signature on Applications” added 10–30–2000 by O–18875 N.S.)

Entertainment Business Permit

In addition to the grounds for denial stated in Section 33.0305, an application for an
outcall nude entertainer permit or an outcall nude entertainment business permit
shall be denied for any of the following reasons:

(a) The applicant has within five years immediately preceding the date of the
filing of the application, been convicted of any of the following offenses:

(1) Any offense described in California Penal Code sections 266h, 266i,
315, 316, 318, 653.22, or 647(a) or (b); or

(2) Any offense described in California Penal Code Part One, Title 9,
Chapters 7.5 and 7.6.

(b) The applicant has within five years immediately preceding the date of the
filing of the application been convicted of a charge of violating any lesser
included or lesser related offense, including California Penal Code section
415, in satisfaction of, or as a substitute for, an original charge of any of the
offenses listed in this Section.

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (11-2000)

(c) The applicant has been convicted of any offense which requires registration as
a sex offender under California Penal Code section 290.
(“Escort— Permit Required” repealed; “Grounds for Denial of Outcall Nude
Entertainer Permit or Outcall Nude Entertainment Business Permit”added 10–30–
2000 by O–18875 N.S.)

(a) Every responsible person in charge of an outcall nude entertainment business shall maintain a daily register, approved as to form by the Chief of Police, containing the following information:

(1) the identification of all outcall nude entertainers employed by the
outcall nude entertainment business and a duplicate of each outcall
nude entertainer’s permit;

(2) the hours of employment of each outcall nude entertainer for each
day;

(3) the true identity of each patron as it appears on bona fide documentary
evidence of identity issued by a governmental agency, the
identification number on the documentary evidence, each patron’s
residence, hours of employment of outcall nude entertainment
business, name of the outcall nude entertainer providing outcall nude
entertainment services, location and place where outcall nude
entertainment services took place, and the fee charged;

(4) Subsection (a) is regulatory only.

(b) Every responsible person shall ensure that the daily register is available for
inspection at all times during the establishment’s business hours, by the Chief
of Police, and is kept on file for one year on the premises. This subsection is
regulatory only.

(c) No responsible person shall permit or allow any outcall nude entertainer who
is nude to be within six feet of any patron. This subsection is regulatory only.

(d) During any performance, no responsible person shall allow any outcall nude
entertainer to intentionally touch any patron, or allow any patron to
intentionally touch any outcall nude entertainer, whether nude or not. This
subsection is regulatory only.

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (10-2000)

(e) It is unlawful for any responsible person to operate or allow outcall nude entertainment businesses between the hours of 2:00 a.m. and 6:00 a.m; or for any outcall nude entertainer to provide services between the hours of 2:00 a.m. and 6:00 a.m. Permit holders shall not be granted an after-hours permit pursuant to Division 8. (“Escort Permit” repealed; “Escort Services— Operating Requirements” renumbered from Sec. 33.2810, retitled and amended 10–30–2000 by O–18875 N.S.)

Outcall Nude Entertainer Permit

(a) It is unlawful for any responsible person in charge of an outcall nude
entertainment business to employ, or permit, any person to act as an outcall
nude entertainer who is not in possession of a valid, unrevoked outcall nude
entertainer permit or perform any services for which a police permit is
required.

(b) Outcall nude entertainers must notify their employer when their outcall nude
entertainer permit is suspended, revoked, or expired.
(“Operative Date— Escort Services, Escorts” repealed; “Outcall Nude
Entertainment Businesses to Employ Only Persons with Valid Outcall Nude
Entertainer Permit” added 10–30–2000 by O–18875 N.S.)

It is unlawful for any responsible person to fail to report all telephone numbers or listings used by the outcall nude entertainment business to the Chief of Police within ten calendar days of the number becoming operative or inoperative. (“Escort Services— Operating Requirements” renumbered to Sec. 33.2808, retitled and amended; “Reporting of Telephone Numbers” added 10–30–2000 by O–18875 N.S.)

Business Advertising Requirements

Each outcall nude entertainer or outcall nude entertainment business shall include
the number of its applicable police permit in any advertisement of services appearing
in any newspaper, telephone directory, other printed advertising medium, or
electronic media.
(“Outcall Nude Entertainer or Outcall Nude Entertainment Business Advertising
Requirements” added 10-30-2000 by O-18875 N.S.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (11-2000)

It is unlawful for any individual who is a patron of an outcall nude entertainment business to place or cause to be placed false information in the daily register. (“Patrons’ Obligations” renumbered from Sec. 33.2819, retitled and amended 10-30- 2000 by O-18875 N.S.)

(a) While nude, an outcall nude entertainer shall not be within six feet of a patron. This subsection is regulatory only.

(b) An outcall nude entertainer shall not intentionally touch any patron during
any performance, or allow any patron to intentionally touch the outcall nude
entertainer whether nude or not. This subsection is regulatory only.

(c) When acting as an outcall nude entertainer, it is unlawful for any person to
provide massage services as defined in Division 35 of this Article. If the
outcall nude entertainer also holds a police permit pursuant to Division 35 or
44, he or she may not provide massage services to a patron immediately
before or after providing outcall nude entertainment services.
(“Outcall Nude Entertainer Operating Requirements” added 10-30-2000 by O-18875
N.S.)

Any person holding a valid escort business permit or escort permit, and a current business tax certificate on November 30, 2000, is deemed to have complied with Section 33.2804 until the police permit expires. The permittee must comply with all other Sections of this Division. (“Inspection” repealed; “Outcall Nude Entertainment Businesses - Grandfather Clause” added 10-30-2000 by O-18875 N.S.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (11-2000)

Article 3: Police Regulated Occupations and Businesses