Torrance Municipal Code Art. 10 Escorts and Escort Bureaus

(Amended by O-3374; O-3479)

Every person or business agency who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters shall pay the license fee required by Section 33.18.74 and procure a license in the manner described in this Article.

Every person desiring to provide escort services as provided in Section 35.10.1 shall make application to the Revenue Administrator. The applicant shall provide the following:

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

b) Address of the proposed location for the conduct of the proposed business;

c) Record of conviction for violations of the law, excluding minor traffic violations;

d) Two copies of a photograph, two inch by two inch in size, taken within two years of the application for submission to the Police Department;

e) The fingerprints of the applicant on a suitable form to be provided by the Police Department;

f) Address, city and state, and approximate dates when this applicant practiced a similar business, either alone or in conjunction with others;

g) Written proof that the applicant is over the age of eighteen (18);

h) 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 five (5) percent 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;

i) In the event the applicant is not the owner of record of the real property upon which the escort bureau 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 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 is or will be located;

j) A definition of the service to be provided;

k) The true names and residential addresses of all persons employed or intended to be employed as escorts:

l) Each applicant for an escort permit, or renewal thereof, shall furnish a certificate from a medical doctor licensed to practice in the State of California, stating that the applicant has within thirty (30) days immediately preceding the date of the application been examined and found to be free of any contagious or communicable disease;

m) Such other and further information as the Revenue Administrator may find necessary to process the application.

a) The Revenue Administrator shall make, or cause to be made, an investigation of each application in order to verify the facts contained in the application or the supporting data.

b) After conducting said investigation, the Revenue Administrator shall submit the application and the results of the investigation to the License Review Board, who shall conduct a hearing on the matter of the application.

a) At the conclusion of the hearing, the License Review Board shall approve the issuance of the license if they shall find:

1. All the information contained in the application or supporting data is true;

2. Neither the applicant if an individual; nor any of the directors, officers or stockholders holding more than five (5) percent of the stock of the corporation; nor any of the partners, including limited partners, the holder of any lien of any nature or profit interest holder, manager; nor other person principally in charge of the operation of the existing or proposed escort bureau; nor any natural person employed or contracted with to be an escort or to provide escort services, has 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 Section 290, Penal Code Sections 311.2 through 311.7, 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);

3. 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 of Torrance or 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;

4. No information has been brought to the attention of the License Review Board as a result of the investigation which would require the said board to refuse such license.

b) The Revenue Administrator shall thereafter issue the license when the required fee has been paid.

Every natural person actively carrying on, conducting, or engaging in any of the activities for which a license is required, and enumerated in Section 35.10.1 shall file a separate application, separate photograph and fingerprints and pay a separate license fee as required by the licensing provisions of this Article, regardless of whether or not such natural person is participating on behalf of or for any firm, corporation, copartnership, association, society, or any other such organization.

No person shall announce or advertise in any newspaper, magazine, or other publication, or by handbill, pamphlet or poster, that any such person practices or engages in the activities specified in Section 35.10.1, or print, publish or circulate or permit to be printed, published or circulated any newspaper, magazine, handbill or other publication containing any such advertisement or announcement; provided, however, that any person holding a license from the City to engage in, practice, or carry on any of the activities may advertise in newspapers, magazines or other publications or by handbills, pamphlets, posters or cards only the name, address, telephone number and hours of business of such person or firm, together with the name or names of the services provided.

a) No holder of an escort bureau license shall employ as an escort any person under eighteen (18) years of age.

b) No holder of an escort bureau license shall furnish any escort to, or accept employment from any patron, customer or person to be escorted, who is under eighteen (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.

c) No holder of an escort permit shall escort, offer to escort or perform any activity described in this Article to any person under 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 on whose behalf the escort or introductory service is engaged.

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

An escort license, 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 Revenue Administrator. The application for renewal of a permit shall contain all of the information required in Section 35.10.2 of this Article, and shall be processed in accordance with the provisions of this Article.

Each escort license 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 of Torrance upon the suspension, revocation or expiration of such permit, or upon leaving employment as an escort.

Any escort bureau operated, conducted or maintained contrary to the provisions of this Article shall be and the same 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 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 bureau or introductory service contrary to the provisions of this Article.

In addition to the provisions of Section 31.9.10, if the License Review Board finds that any person holding an escort bureau license 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 license as set forth in Section 35.10.4, or if the License Review Board finds that any person holding an escort license is engaging in behavior or actions which violate any of the provisions of this Article or which would have been grounds for denial of an escort license as set forth in Section 35.10.4 above, it may suspend the license. No such suspension shall become effective, nor shall it result in a revocation of said license, until the licensee has been notified in writing of the right of such licensee to appear before the License Review Board and hear the evidence which is offered in support of the suspension or revocation and examine any witnesses offering such evidence. Notification of the licensee shall be made either by personal delivery or by certified mail, return receipt requested addressed to the licensee at the most recent residence or business address as set forth on the most recent application for license or renewal. If a timely appeal is filed, pursuant to the provisions of Article 5, Chapter 1, commencing at Section 11.5.1 of this Code, 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 time for appeal has expired.