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HomeMy WebLinkAboutNS-1593ORDINANCE No. NS-1593 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 12 OF THE SANTA ANA MUNICIPAL CODE, BY ADDING ARTICLE V THERETO, CONSISTING OF SECTIONS 12-150 THROUGH 12-169, INCLUSIVE, REGULATING THE OPERATIONS OF ESCORT BUREAUS AND INTRODUCTORY SERVICES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 12 of the Santa Ana Municipal Code is hereby amended by adding Article V thereto, consisting of Sections 12-150 through 12-169, inclusive, which article shall read as follows: ARTICLE V. Escort Bureau and Introductory Services. SECTION 12-150. Escort bureau and introductory services; purpose and intent. It is the purpose and intent of the City Council of the City of Santa Ana, by the adoption of this article, that the operation of an escort bureau or introductory service, as defined in this article, should be regulated for the protec- tion of the public from the perils of fire, hazard to health, and for the preservation of the peace and welfare of the community. SECTION 12-151. Definitions. As used in this article: (a) "Business or Commerce" means that term as is defined in Section 41-33 of Division 2 of Article I of Chapter 41 of this Code. (b) sation~ "Escort" means any person who, for pecuniary compen- (i) escorts, accompanies or consorts with other persons to, from or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the City of Santa Ana; or (ii) escorts, accompanies or consorts with other persons in or about any place of public or private resort or within any private quarters located or situated within the City of Santa Ana; or (iii) escorts, accompanies or consorts with other persons in or about any business or commercial establishment, or part or portion thereof, located or situated within the City of Santa Ana. (c) "Escort Bureau" means any business, agency, or self- employed or independent escort who, for pecuniary compensa- tion, furnishes or offers to furnish escorts. (d) "Introductory Service" means a service offered or ORDINANCE NO. N$-1593 PAGE TWO performed by any person for pecuniary compensation, the princi- pal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes. (e) "Pecuniary Compensation" means any commission, fee, gratuity, hire, profit, reward, or any other form of consid- eration. (f) "Person" means any natural person, firm, partnership, corporation or association. (g) "Profit Interest" means any interest or share in the present or prospective profit of an escort bureau or intro- ductory service. SECTION 12-152. Escort bureau and introductory service, permit required. It shall be unlawful for any person to engage in, conduct or carry on, in or upon any premises or real property located or situated within the City of Santa Ana, the activities of an escort bureau or introductory service,unless there has been granted to such person a valid permit, pursuant to the pro- visions of this article. A separate permit shall be required for each location within the City of Santa Ana at which an escort bureau or introductory service is to be established. SECTION 12-153. Permit term. The term of an Escort Bureau or Introductory Service Permit, unless sooner suspended or revoked, shall be for a period of one (1) year. SECTION 12-154. Permit Renewal An Escort Bureau or Introductory Service Permit, issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of not to exceed one (1) year on written application to the chief of police made at least ninty (90) days prior to the expiration date of the current valid permit. The application for re- newal of a permit shall contain all of the information required by Section 12-156 of this article and shall be processed in accordance with the provisions of this article. SECTION 12-155. Exception. The requirements of this article shall have no application and no effect upon and shall not be construed as applying to a person in the lawful business of an employment agency li- censed under the laws of the State of California. SECTION 12-156. Application for escort bureau or introductory service permit; contents; renewals; required fees. (a) Any person desiring to obtain a permit, or renew an existing permit, to operate an escort bureau or an introduc- tory service, shall make application to the chief of police or his designated representative. Prior to submitting such application for a permit or renewal of a permit, a non-refund- able fee, as established by resolution of the city council, ORDINANCE NO. N$-1593 PAGE THREE shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. Permit is- suance or renewal fees required under this article shall be in addition to any license, permit or fee required under any other chapter of this Code. (b) Neither the filing of an application for a permit or renewal thereof, nor payment of an application or renewal fee, shall authorize the conducting of an escort bureau or introductory service until such permit has been granted or renewed. (c) Each applicant for an Escort Bureau or Introductory Service Permit, or renewal thereof, shall furnish the following information: (1) The present or proposed address where the busi- ness is to be conducted; (2) The full true name under which the business will be conducted; (3) The full true name and any other names used by the applicant; (4) The present residence and business addresses and telephone numbers of the applicant; (S) Each residence and business address of the applicant for the five (5) year period immedi- ately proceeding the date of filing of the applic- ation and the inclusive dates of each such address; (6) California driver's license or identification number and social security number of the appli- cant; (7) Acceptable written proof that the applicant is at least eighteen (18) years of age; (8) The applicant's height, weight, color of eyes and hair and date of birth; (9) Two (2) photographs of the applicant, at least two (2) inches by two (2) inches in size, taken within the six (fi) month period immediately preceding the date of the filing of the application; (10) The business, occupation or employment history of the applicant for the three (3) year period immediately preceding the date of the filing of the application; (11) The permit history of the applicant, for the five (5) year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state, or territory, has ever had any similar license or permit issued by such agency revoked or suspend- ed, or has had any professional or vocational ORDINANCE NO. N$-1593 PAGE FOUR license or permit revoked or suspended, and the reason or reasons therefor;~ (12) Ail criminal convictions suffered by the appli- cant, including ordinance violations but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction; (13) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or chart- er, together with the state and date of incorp- oration, and the names, residence addresses, and dates of birth of each of its current of ficers and directors, and each stockholder holding more than five percent (5%) 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 de- signate 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 ap- plication fee shall be charged; (14) In the event the applicant is not the owner of record of the real property upon which the escort bureau or introductory service is or is to be located, the application must be accompa- nied by a notorized statement from the owner of record of the property acknowledging that an escort bureau or introductory service is or will be located on the property. In addition to furnishing such notorized statement, the ap- plicant 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 or introductory service is or will be located. (15) A definition of the service to be provided; (16) The true names and residential addresses of all persons employed or intended to be employed as escorts; (17) Such other identification and/or information as the chief of police may require in order to discover the truth of the matters required to be set forth in the application; (d) The applicant, if a natural person, or a designated responsible managing officer, if the applicant is a partnership ORDINANCE NO. N$-1593 PAGE FIVE or corporation, shall personally appear at the police depart- ment of the City of Santa Ana and produce proof that the re- quired application or renewal fee has been paid and shall present the application containing the information and sup- porting documentation required by subsection (c) of this section 12-156. (e) The chief of police may require the applicant, if a natural person, or the designated responsible managing of- ficer, if the applicant is a partnership or corporation, to appear in person at the police department in order to be photo- graphed and fingerprinted. (f) When any change occurs regarding the written infor- mation required by subsection (c) of this section 12-256 to be included in the application, the applicant or permit holder, as the case may be, shall give written notification of such change to the chief of police within twenty-four (24) hours after such change. (g) The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant. The chief of police, or his representative, shall, within sixty (60) days after the date of the filing of the application, render a written recommendation to the city manager, as to approval or denial of the application for the permit or renewal thereof. (h) The city manager, within thirty (30) days after re- ceiving the application and aforementioned recommendation from the chief of police, shall grant the permit, or renewal there- of, only if he finds that all of the following requirements have been met: (1) The required fees have been paid; (2) The application conforms in all respects to the provisions of this article; (3) The applicant has not knowingly made a material misrepresentation of fact in the application; (4) The applicant has fully cooperated in the investi- gation of the application; (5) The applicant if an individual; or any of the directors, officers, or stockholders holding more than five percent (5%) of the stock of the corporation; or any of the partners, including limited partners, the holder of any lien of any nature or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed escort bureau or introductory service, or a natural person employed or contracted with to be an escort or to provide escort services; has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime in- volving 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 ORDINANCE NO. N$-1593 PAGE SIX 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 con- viction or a plea of nolo contendere or guilty, will be considered imputed to the principal and shall be grounds for permit denial); (6) The applicant has not had an Escort Bureau, Intro- ductory Service or Escort Permit or other similar license or permit denied or suspended or revoked for cause by the City of Santa Ana or any other city or county located in or out of this state within the five (5) year period immediately preceding the date of the filing of the appli- cation; (7) The escort bureau or introductory service, as proposed by the applicant, would comply with all applicable City of Santa Ana, county and state laws, including but not limited to health, zoning, fire and safety requirements and stand- ards; and (8) The applicant, manager or other person princip- ally in charge of the operation of the business is at least eighteen (18) years of age. (i) If the city manager does not find that all of the requirements set forth in subsections (h) (1) through (8) of this Section 12-156 have been met, he shall deny application for the permit or renewal thereof. In the event the applica- tion for the permit or renewal thereof is denied by the city manager, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at the residence address set forth in the ap- plication for the permit or renewal thereof. Any applicant whose application for an Escort Bureau or Introductory Service Permit, or renewal thereof, has been denied by the city man- ager, may appeal such denial to the city council as provided in Chapter 3 of this Code. SECTION 12-157. Employment and activities of escorts. (a) No holder of an Escort Bureau or Introductory Service Permit shall employ as an escort any person under eighteen (18) years of age. (b) No holder of an Escort Bureau or Introductory Service Permit shall furnish any escort or introductory service 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. SECTION 12-158. Escorts, permit required. It shall be unlawful for any person to act as an escort unless there has been granted to such person a valid permit, pursuant to the provisions of this article. Such permit shall ORDINANCE NO. N$-1593 ~AGE SEVEN be issued to the address of the employer of the escort, who must in turn also hold a valid Escort Bureau or Introductory Service Permit issued by the City of Santa Ana pursuant to the provisions of this article. SECTION 12-159. Term of permit. The term of an Escort Permit, unless sooner suspended or revoked, shall be for a period of one (1) year. SECTION 12-160. Employee permit renewal. An Escort Permit, issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of one (1) year on written application to the chief of police made at least ninty (90) days prior to the expiration date of the current valid permit. The ap- plication for renewal of a permit shall contain all of the information required in Section 12-162 of this article, and shall be processed in accordance with the provisions of this article. SECTION 12-161. Permit identification card. Each escort permit 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 immediat- ely surrender, to the chief of police, any Escort Permit issued by the City of Santa Ana upon the suspension, revocation,or expiration of such permit, or upon leaving employment as an escort. SECTION 12-162. Escort permit; renewal application. (a) Any person desiring to obtain a permit, or renewal of an existing permit, to act as an escort, shall make applica- tion to the chief of police or his designated representative. Prior to submitting such application for a permit or renewal of a permit, a non-refundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such permit application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. Permit fees required under this article shall be in addition to any license, permit or fee required under any other chapter of this Code. (b) Neither the filing of an application for a permit, or renewal thereof, nor the payment of an application or renewal fee, shall authorize a person to act as an escort until such permit has been granted or renewed. (c) Each applicant for an Escort Permit, or renewal there- of, shall furnish the information required by subsections (c) (1) through (12) of Section 12-156 of this article, and shall, in addition, furnish the following information: (1) 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 applica- tion been examined and found to be free of any contagious or communicable disease; ORDINANCE N0.N$-1593 PAGE EIGHT (2) Satisfactory evidence that the applicant is employed, or has been offered employment, by an escort bureau or introducory service holding a valid permit issued by the City of Santa Ana, including the name and address of the employer or prospective employer and the fact that such employment or continued employment is contingent upon the issuance of said permit; and (3) Such other identification and information as the chief of police may require in order to dis- cover the truth of the matters required to be set forth in the application. (d) The chief of police may require the applicant to appear in person at the police department in order to be photographed and fingerprinted. (e) The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant. The chief of police, or his representative, shall, within sixty (60) days after the date of the filing of the application, render a written recommendation to the city manager as to approval or denial of the application for the permit or renewal thereof. (f) The city manager, within thirty (30) days after receiv- ing the application and aforementioned recommendation, from the chief of police, shall grant the permit, or renewal thereof, only if he finds that all of the requirements of subsections (h) (1) through (4) of Section 12-156 of this article have been met, and, in addition, if he finds that the following addi- tional requirements have been met: (1) the applicant has furnished an acceptable medi- cal certificate in compliance with subsection (c) (1) of this section 12-162; (2) The applicant has not had an Escort Bureau, Intro- ductory Service or Escort Permit or other similar license or permit denied or suspended or revoked for cause by the City of Santa Ana or any other city or county located in or out of this state within the five (5) years immediately preceding the date of the filing of the application; (3) The applicant is at least eighteen (18) years of age. (4) The applicant has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or 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. (g) If the city manager does not find that all of the requirements set forth in subsection (f) of this Section 12- 162 have been met, he shall deny the application for the permit or renewal thereof. In the event the application for the permit, or renewal thereof, is denied by the city manager, ORDINANCE NO. N$~lSR3 PAGE NINE written notice of such denial shall be given to the applicant speciifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit or renewal thereof. Any applicant whose ap- plication for an Escort Permit, or renewal thereof, has been denied by the city manager, may appeal such denial to the city council as provided in Chapter 3 of this Code. (h) When any change occurs regarding the written infor- mation required by subsection (c) of this Section 12-161, the applicant or permit holder, as the case may be, shall give written notification of such change to the Chief of Police within twenty-four (24) hours after such change. SECTION 12-163. Prohibited activities. 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 in- stance 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. SECTION 12-164. Sale or transfer. Upon the sale or transfer of any interest in an escort bureau or introductory service, the permit shall immediately become null and void. A new application shall be made by any person, firm or entity desiring to own or operate the escort bureau or introductory service. A fee as established by resolu- tion of city council shall be payable for each such application. Any application invol~ing the sale or other transfer of any interest in an existing escort bureau or introductory service, as well as any permit which may thereafter be granted, shall be subject to the provisions of this article. SECTION 12-165. Change of location or name. (a) A change of location of any premises or real property where a permitted escort bureau or introductory service is conducted may be approved by the chief of police provided all requirements of this article and all ordinances and regulations of the City of Santa Ana are complied with and a change of location fee as established by resolution of the city council is deposited with the director of finance. Application for such change shall be made within three (3) days of such change. (b) No permit holder shall operate an escort bureau or introductory service under any name or designation not speci- fied in the permit. SECTION 12-166. Prohibited conduct. Any person violating any provision of this chapter shall be guilty of a misdemeanor and be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months or by both such fine and im- prisonment. Revocation or suspension of a permit issued under this article shall not be a defense against prosecution. SECTION 12-167. Suspension or revocation of a permit. If the city manager finds that any person holding an Escort Bureau or Introductory Service Permit under the provisions ORDINANCE NO.N$-1593 PAGE TEN 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 permit as set forth in Sub- section (h) of Section 12-156 of this article, or if the city manager finds that any person holding an Escort Permit is engaging in behavior or actions which violate any of the pro- visions of this article or which would have been grounds for denial of a permit as set forth in Subsection (f) of Section 12-162 of this article, he may suspend or revoke the permit. No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of Chapter 3 of this Code. Noti- fication of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit hold- er's residence address as set forth on the application for a permit or renewal thereof. If a timely appeal is filed, 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 timely appeal period has expired. SECTION 12-168. Conducting as a nusiance. Any escort bureau or introductory service operated, con- ducted 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 mttorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, remove 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. SECTION 12-169. Applicability of regulations to existing business. The provisions of this article shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effecective date of the ordinance enacting this article into law. All such persons and businesses shall have sixty (60) days from said effective date to comply with the provisions of this article. SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, sub- section, sentence, clause, phrase or portions thereof, irre- spective of the fact that any one or more sections, subsections sentences clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- ORDINANCE NO. N$-1593 PAGE ELEVEN strued as affecting any of the provisions of such ordinance relating to the collecion of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this Rth day of SeDtember , 1981 by the following vote: AYES: COUNCILMEN: Ac0sta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None GORDON ~ bKEN, MAYOR / THE COUNCIL APPROVED AS TO FORM: CITY ATTORNEY