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HomeMy WebLinkAboutOrd 86 ORDINANCE NO. 86 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, TO REGULATE ESCORTS, AND ESCORT BUREAUS. The city council of the City of Cathedral City does ordain as follows: SECTION 1. A new chapter, to be numbered 5.18 hereby is added to the Cathedral City Municipal Code, to read as follows: Chapter 5.18 ESCORTS AND ESCORT BUREAUS 5.18.010 Citation. This chapter may be cited as the Cathedral City Escort Ordinance. 5.18.020 Purpose and intent. It is the purpose and intent of this chapter to provide for the orderly regulation of escorts and escort bureaus including escort bureaus which operate as introductory services, in the City of Cathedral City by establishing certain minimum standards for the conduct of this type of business, which standards will protect the public health and welfare of the City of Cathedral City. 5.18.030 Definitions. For purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section. A. "Escort". Any person who, for pecuniary compensation escorts, accompanies or consorts with another person in or about any public or private place within the City of Cathedral City. B. "Escort bureau". Any person, business or agency which for pecuniary compensation furnishes or offers to furnish escorts, or which offers to aid persons to become socially acquainted with or to otherwise assist persons to meet for social purposes. C. "Pecuniary compensation" means any commission, fee, gratuity, hire, profit, reward or other form of consideration, exclusive of meals, drinks, or of items having a retail value of less than $30 which are usually provided or exchanged in ordinary social intercourse. D. "Person". Both the singular and the plural of either sex. The term "person" shall include person, individual, firm, corporation, copartnership, association, club, society or any other organization. E. "Police". The Police Department of the City of Cathedral City. F. "Specified sexual activities" means and includes any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or 3. Masturbation, actual or simulated. 5.18.040 License or permit required. A. Escort bureau license. No person shall engage in or carry out the business of escort bureau in the City of Cathedral City unless such person has a valid escort bureau license issued by the City pursuant to the provisions of this chapter for each 000599 and every separate office or place of business conducted by such person. Said license shall be in addition to the business license required by Cathedral City Municipal Code, Section 3.28.020. B. Escort permit required. No person shall do business as an escort in the city of Cathedral City unless such person has in his or her possession a valid escort permit issued by the city pursuant to the provisions of this chapter. 5.18.050 Application for escort bureau license. Every applicant for a license to maintain, operate or conduct an escort bureau shall file an application under oath with the city business license collector upon a form provided by said collector and pay a nonrefundable annual license fee in such amount as may be established by resolution of the city council. The application, once accepted, shall be referred to the chief of police for investigation of the applicant's character. Each application shall contain the following information: A. The location, mailing address and all telephone numbers where the business is to be conducted; B. The name and residence address of each applicant: 1. If applicant is a corporation, the names and residence addresses of each of the officers and directors of said corporation and of each stockholder holding more than 10 percent of the stock of the corporation, and the address of the corporation itself, if different from the address of the escort bureau; 2. If applicant is a partnership, the names and addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the escort bureau; C. The two previous addresses immediately prior to the present address of the applicant; D. Proof that the applicant is at least 18 years of age; E. Individual or partnership applicants' height, weight, sex, color of eyes and hair; F. Copy of identification such as driver's license or identification issued by the Department of Motor Vehicles; G. One portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the chief of police or his agent. If the applicant is a corporation, one portrait photograph of at least two inches by two inches of each officer and managing agent of said corporation and a complete set of fingerprints of each officer and agent which shall be taken by the chief of police or his agent. If the applicant is a partnership, one front face portrait photograph at least two inches by two inches in size of each partner including limited partners in said partnership and a complete set of fingerprints of each partner or limited partner shall be taken by the chief of police or his agent; H. Business, occupation or employment of the applicant for the three years immediately preceding the date of application; I. If the applicant has ever had a business license revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation; J. All criminal convictions other than minor traffic violations including dates of convictions, the charges leading to the conviction and the court where the conviction was rendered; K. The name and address of each escort who is or will be employed or associated with said escort bureau; -2- 000600 L. The name and address of any escort bureau or similar business owned or operated by any person whose name is required to be stated in subsection B wherein the business of escort or escort bureau is carried on; M. A description of any other business to be operated on the same premises or on joint premises owned or controlled by the applicant; N. Authorization for the city, or its agents or employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license; 1 0. Such other identification and information as may be necessary to discover the truth of the matters required to be set forth in this application; P. The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county, then the State of California, and lastly from the rest of the United States. These references must be persons other than relatives or business associates. Upon the completion of the above provided form and the furnishing of all required information, the business license collector shall accept the application for the necessary investigations. The holder of an escort bureau license shall notify the business license collector of each change in any of the data required to be furnished by this section within ten days after such change occurs. 5.18.060 Application for escort permit. Application for escort permit shall be made to the business license collector in the same manner as above provided for escort bureau licenses, accompanied by the annual nonrefundable escort permit fee in such amount as may have been established by resolution of the city council. Escorts who have already paid the permit fee for the current period shall not be required to pay an additional fee hereunder. The application shall contain but not be limited to the following: A. The name, address and telephone number of the escort bureau with which the escort is to be associated; B. Name and resident address and all names, nicknames and aliases by which the applicant was ever known, including the two previous addresses immediately prior to the present address of the applicant; C. Social Security number, driver's license number if any, and date of birth; D. Applicant's weight, height, sex, color of hair and eyes; E. Written evidence that the applicant is at least 18 years of age; F. A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance except minor traffic violations; G. Two front face portrait photographs taken within 30 days of the date of application and at least two inches by two inches in size; H. The escort or similar business history and experience of the applicant for the ten years prior to the date of application including but not limited to whether or not such person performed such service in another city or state under license or permit, if application for such license or permit has ever been denied, or if issued, whether such license or permit has been revoked or suspended and the reasons therefor; I. The names, current addresses and written statements of at least three bona fide permanent residents, other than relatives, of the United States, that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county, then the State of California, and lastly from the rest of the United States; -3- 000601 J. A medical certificate signed by a physician licensed to practice in the State of California within seven days of the date of application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this subsection shall be provided at the applicant's expense; K. Such other information, identification and physical examination of the person deemed necessary by the police chief in order to discover the truth of the matters herein required; L. Authorization for the city, or its agents or employees, to seek information and conduct an investigation into the truth of the statements set forth in the application; M. Written declarations by the applicant under penalty of perjury that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city. 5.18.070 Issuance of license for escort bureau or permit for escort. The City of Cathedral City shall issue a license for an escort bureau or a permit for an escort if all requirements for an escort bureau license or escort permit prescribed in this chapter are met unless it finds: A. The correct permit or license fee has not been tendered to the city and, in the case of a check or bank draft, honored with payment upon presentation; B. The applicant, if an individual, or any of the stockholders holding more than 10% of the stock of the corporation, or any of the partners, or the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses or convicted of an offense without the State of California that would have constituted any of the following offenses if committed within the State of California: 1. An offense involving the use of force and violence upon the person of another that amounts to a felony; 2. An offense involving sexual misconduct; 3. An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony. The City of Cathedral City may issue a license for a permit to any person convicted of any of the crimes described in 1, 2, or 3 of this subsection if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for any crime mentioned in this subsection B; C. The applicant has knowingly made any false, misleading, or fraudulent statements of fact in the permit application or in any document required by the city in conjunction therewith; D. The applicant has had an escort bureau, escort, or other similar permit or license denied, revoked, or suspended by the city or any other state or local agency within five years prior to the date of the application; E. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the application is a partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years. 5.18.080 Approval or denial of application. The City of Cathedral City shall act to approve or deny an application for a license or permit under this chapter within a reasonable period of time and in no event shall the City of Cathedral City act to approve or deny said license or permit later than 90 days from the date said -4- 000602 application was accepted by the business license collector. Every license or permit issued pursuant to this chapter will terminate at the expiration of one year from date of its issuance unless sooner suspended or revoked. 5.18.090 Multiple escort bureau locations. Should any escort bureau have more than one location where the escort business is pursued then a license stating both the address of the principal place of business and of the other business locations shall be issued by the business license collector for each location upon the tender of the license fee. Licenses issued for other locations shall terminate on the same date as that of the principal place of business regardless of the date of issue. 5.18.100 Posting of permit or license. A. Every escort shall post a copy of the permit required by this chapter in the office of the escort bureau with which the escort is associated. B. Every person, corporation, partnership or association licensed under this chapter as an escort bureau shall display such license in a prominent place in its place of business. 5.18.110 Register of employees and associates. The licensee or person designated by the licensee of an escort bureau shall maintain a register of all persons employed or associated therewith as escorts together with their permit numbers. Such register shall be available at the escort bureau to representatives of the City of Cathedral City during regular business hours. 5.18.120 Revocation or suspension of license. Any license issued for an escort bureau may be revoked or suspended by the City of Cathedral City after notice and an opportunity for a hearing, for good cause or in any case where any of the provisions of this chapter are violated or where any employee or associate of the licensee is engaged in any conduct which violates any of the state or local laws or ordinances or provisions of this chapter while engaged in the escort business. Such revocation proceedings shall be conducted as prescribed by Section 5.72.030 of the Cathedral City Municipal Code if the licensee demands a hearing. 5.18.130 Revocation of escort permit. An escort permit issued by the business license collector may be revoked or suspended where it appears that the escort has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this chapter. Such revocation proceedings shall be conducted as prescribed by Section 5.72.030 of the Cathedral City Municipal Code if the permittee demands a hearing. 5.18.140 Unlawful acts. A. It shall be unlawful for an escort bureau to employ or associate with itself as an escort any person under 18 years of age. B. It shall be unlawful for any escort bureau to furnish any escort 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 service is engaged. C. It shall be unlawful for any person to escort, offer to escort or perform any activity described in this chapter to any person under 18 years of age except at the -5- 000603 special instance and request of a parent, guardian or other person in lawful custody of the person on whose behalf the escort is engaged D. It shall be unlawful for any person to accept employment or arrange employment of another as an escort with the intention of engaging in any specified sexual activity whether or not additional consideration is offered, demanded or received therefor. E. It shall be unlawful for any person to be an escort unless such person is employed by, or associated with, a licensed escort bureau. F. It shall be unlawful for any person to escort, offer to escort or perform any activity described in this chapter except as directed by the escort bureau with which said person is employed or associated. 5.18.150 Relocation or change in licensee status. If an escort bureau is moved to a different location, or if there is a change in the licensee such that the information required for the license application is no longer complete or accurate, the license therefor shall become null and void, except that such license may be reissued as provided in Section 5.18.070, provided however, that upon the death or incapacity of the licensee or any co-licensee of the escort bureau, any heir or devisee of a deceased licensee, or any guradian of an heir or devisee of a deceased licensee, may continue the business of the escort bureau for a reasonable period of time not to exceed 60 days to allow a reasonable time for application to reissue the license. 5.18.160 Violation and penalty. Any person who acts as an escort or who operates an escort bureau, as these terms are defined in this chapter, without first having obtained a license or permit therefor and having paid the necessary fee or who shall violate any provisions of this chapter shall be guilty of a misdemeanor and upon conviction such person shall be punished by a fine not to exceed $1,000.00 or by imprisonment for a period not to exceed six months or by both such fine and imprisonment. 5.18.170 Declaration of public nuisance. Any violation of this chapter of the Cathedral City Municipal Code is hereby declared to be a public nuisance. 5.18.180 Applicability to existing persons and businesses. The provisions of this chapter of the Cathedral City Municipal Code 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 chapter into law. All such persons and businesses shall comply with the provisions of this chapter within 60 days from the date on which the ordinance that establishes this chapter becomes effective. 5.18.190 Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. -6- 000604 SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. POSTING. The City Clerk shall within 15 days after passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of L the City Council, shall certify to the adoption and posting of this ordinance, and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held on November 7, 1984 , 1984, by the following votes: Ayes: Councilmembers Krings, Martin, Murphy, Smith and Mayor Case Noes: None Absent: None MAY ATTEST: 7/1 /494fL*1 CITY CLERK APPROVED AS TO FORM: PROVED AS TO CONTENT: -Z. ° r ■-' - C,' ATTORNEY CITY ANAGER I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE NO. 2G WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, IN A MEETING THEREOF KU) ON THE '7 ' DAY OF � u� 198#_, AND THAT SAME WAS POSTED IN AT LE,"/;T TH THREE PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL. ,) 4k?‘')-1-€ 4). r >-e e CITY CLERK -7- 000605