5.83 Escort Services Businesses
5.83.020 Permit required.
5.83.050 Investigation fee.
5.83.080 Issuance or denial of permit.
5.83.100 Report on employees.
5.83.110 Report on independent contractors.
5.83.120 Pending applications.
5.83.010 PURPOSE. It is the purpose of the city council to regulate the operation of escort service businesses in the interests of public peace, health, safety and welfare. (Ord. 1981-32 § 1 (part), 1981.).
5.83.020 PERMIT REQUIRED. It is unlawful for any person to operate an escort service business in the city, individually or through employees or independent contractors, without a permit from the bureau. Such a permit is personal and cannot be assigned. (Ord. 1984-5, § 187, 1984; Ord. 1981-32 § (part), 1981).
5.83.030 DEFINITIONS. For the purpose of this chapter certain words and phrases are defined as follows:
(1) An "Escort service business" means the business of providing escort service for-hire on a temporary basis.
(2) "Escort" is a person who, for compensation, accompanies another person to social affairs, entertainments, place of amusement, or eating places or who, for compensation, accompanies another person about any place of public resort or within any private quarters.
(3) "For-hire" means in return for the payment of money.
(4) "On a temporary basis" means for less than twenty-four hours.
(5) "Employee" is a person from whom the operator of an escort service bureau withholds state and federal income taxes and Social Security taxes.
(6) "Independent contractor" is a person who renders service to an operator of an escort service business but from whom the operator does not witthold such taxes. (Ord. 1981-32 § 1 (part), 1981).
5.83.040 APPLICATIONS. An applicant for a permit to operate an escort service shall, in addition to the information required in section 5.15.010, file with the bureau the following:
(1) Proof that the applicant's age is at least eighteen;
(2) Whether the applicant will operate the escort service business individually, that is without employees or through independent contractors, the operator of the business being the only escort;
(3) Whether the applicant will employ other persons to act as escorts in the operation of the business and, if so, how many other such persons the applicant expects to employ;
(4) Whether the applicant will operate through independent contractors who act as escorts, and if so, the number of independent contractors through whom it expects to operate;
No applications under this chapter shall be made by, and no permit shall be issued to, a corporation or partnership. (Ord. 1984-5 §188, 1984; Ord. 1981-32 § 1 (part), 1981).
5.83.050 INVESTIGATION FEE. Each application shall be accompanied by a nonrefundable one hundred dollars investigation fee. Ord. 1981-32 § 1 (part), 1981).
5.83.080 ISSUANCE OR DENIAL OF PERMIT. On receipt from the police department of its investigation report the bureau shall issue a permit if the police department in its report finds that the applicant has furnished all required information and that:
(1) The character and responsibility of the applicant are satisfactory;
(2) Operation of the business will comply with all applicable laws;
(3) The applicant has not been convicted of a violation of California Penal Code Section 311 through 311.7, 314 through 316, 318, or 647 (a), (b), (d) or (h), or California Health and Safety Code Section 11351 through 11354, 11358 through 11363, 11378 through 11380 or 11383;
(4) The applicant has not been convicted of the use of force and violence upon another;
(5) The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement in his application or in any other document required to be submitted in conjunction with the application.
The permit shall be denied if all of the above findings are not made or if all required information has not been supplied. If the permit is denied, the reasons for the denial shall be endorsed on the application, and the bureau shall, by first class mail, notify the applicant of the denial with a copy of the application on which have been endorsed the reasons for the denial. (Ord. 1981-32 § 1 (part), 1981).
5.83.110 REPORT ON INDEPENDENT CONTRACTORS. Each operator of an escort service business shall on the date of commencement of business report in writing to the police department the name, age, home address, and home telephone number of each person the operator expects to engage as an independent contractor to act as an escort, and shall on each following April 1, July 1, October 1, and January 1 report in writing to the police department the name, age, home address and home telephone number of each person whom the operator has engaged as an independent contractor during the preceding three months to act as an escort. (Ord. 1981-32 § 1 (part), 1981).
5.83.120 PENDING APPLICATIONS. The provisions of this chapter shall apply to each person who has pending with the bureau an application for a license to operate an escort service bureau. (Ord. 1981-32 § 1 (part), 1981).