HomeMy WebLinkAbout1997-01-07; City Council; NS-388; CMC 5.17 amends - Escort services...1
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ORDINANCE NO. NS-388
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 5,
BY THE ADDITION OF CHAPTER 5.17. ESCORT SERVICES.
The City Council of the City of Carlsbad, California, does ordain as fo
SECTION 1: That Title 5 of the Carlsbad Municipal Code is amende
addition of Chapter 5.1 7 to read as follows:
“Chapter 5.17
ESCORT SERVICES
lo /I Sections:
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A. It is the purpose and intent of this Chapter to provide for the orderly
5.17.04 0. PurDose and Intent.
5.17.01 0
5.17.020
5.17.030
5.17.040
5.17.050
5.17.060
5.17.070
5.1 7.080
5.17.090
5.17.100
5.17.110
5.17.120
5.17.1 30
5.17.140
5.17.150
5.17.160
5.17.170
5.17.180
5.17.190
5.17.200
5.17.21 0
5.17.220
5.17.230
5.17.240
5.17.250
5.1 7.260
Purpose and intent.
Definitions.
Escort Service - License Required.
Escort Service License.
Investigation Fee - Escort Service.
License Investigation - Escort Service
Issuance or Denial of License.
Escort Service Establishment Facilities.
Display of Licenses.
Name of Business.
Telephone number or Numbers of Business.
Change of Location.
Change in Escort Service Manager Sale or Transfer.
tnspection.
Escort - License Required.
Escort License.
Operative Date - Escort Services, Escorts.
Escort Services - Operating Requirements.
Patrons Obligation.
Rules and Regulations.
Denial of License.
Suspension or Revocation of License.
Injunctive Relief.
Violations.
Constitutionality.
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regulation of escort services and escorts in the City of Carlsbad, by establishing cer
minimum standards for the conduct of this type of business by the adoption of a lice1
procedure for escort establishments as well as the individuals providing escort servi
This is determined to be necessary to protect and preserve the public order and the
safety and general welfare of the residents of the City of Carisbad.
Section 5.17.020 Definitions
A. For the purpose of this Chapter, the following words and phrases sha'
the meanings ascribed to them in this section.
social company or companionship of another person to be given either on or off the
premises, excluding any use regulated by Chapter 21 -43 of this Code.
or profit, accompanies other persons to or about social affairs, entertainments, or pl,
amusement, or consorts with others about any place of public resort or within any PI
quarters. Excluded from this definition are any persons employed by any business,
or a person regulated by Chapter 21.43 of this Code.
association, social club, fraternal organization, joint stock company, corporation, esi
trust, business trust, receiver, trustee, syndicate, or any other group or combination
as a unit, excepting the United States of America, the State of California, and any PI
subdivision thereof.
but not limited to the owner or proprietor of the premises upon which it is located, ar
lessee, sublessee, or mortgagee in possession.
any services whatsoever to the patrons or customers of an Escort Service and who
compensation for such service.
6. "Escort service license" shall mean the business license to opc
escort service required by this chapter.
an escort required by this Chapter
1. "Escort service" means any place where patrons can purchase
2. "Escort" means any person who, for a fee, commission, hire, rc
3. "Person" means an individual, firm, partnership, joint venture,
4. "Operator" means any person operating an escort service, incl
5. "Employee" means any and all persons who work in or about c
7. "Escort License" shall mean the license to engage in the activi
Section 5.17.030 Escort Service - License Required.
A It shall be unlawful for any person, as defined above, to engage in, cc
carry on, or to permit to be engaged in, conducted or carried on, the operation of ar
service as herein defined, without a license issued by the Chief of Police of the City
pursuant to the provisions of this section for each and every such business. Any pe
obtaining an escort service license shall pay to the license collector a license fee ir
amount established by city council resolution and payable when the license issues.
license fee shall be in lieu of any business license tax.
Section 5.17.040 Escort Service License.
A. Each application for an escort service license shall be submitted to tt-
of Police and shall contain the following information:
1. A definition of services to be provided;
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2. The location and mailing address of the proposed name of the
service and address;
3. The name and residence address and phone number of the
applicant;
4. The full true name and any other names used by the applican
address of all owners of the escort service establishment, including corporate office
directors, stockholders owning more than ten percent of the corporation, and gener
managing and limited partners. Corporations shall also furnish the name and addrc
an agent for service of process and the state of incorporation;
5. The previous address of the applicant, if any, for a period of fiv
years immediately prior to the date of the application and the dates of residences a
6. Written proof that the applicant is over the age of eighteen yea
7. Provision of acceptable government issued identification conk
the name, date of birth and photograph of the applicant;
8. A complete set of the applicant's fingerprints and a photograpt
which shall be taken by the chief of police or his agent;
9. Business, occupation or employment history of the applicant fc
five years immediately preceding the date of the application;
10. The history of the applicant in the operation of an escort servic
similar business or occupation, including, but not limited to, whether or not such per
in previously operating in this or another city or state under license, had had such li
revoked or suspended and the reason therefor, and the business activity or occupa
subsequent to such action of suspension or revocation.
11. All criminal convictions, other than minor traffic violations, with
explanation of the circumstances thereof for the escort service establishment man2
the operator and the owner, including all partners, corporate officers and directors;
12. At the discretion of the chief of police, the applicant may be re(
to submit the name and address of each escort service applicant who is or will be
employed in the establishment;
13. The name and address of the owner and Lessor of the real prc
upon or in which the business is to be conducted, and a copy of the lease or rental
agreement;
14. Such other identification and information necessary to discove
truth of the matters hereinbefore specified as required to be set forth in the applicai
15. The applicant shall be the owner of the escort service establis
If the applicant is not responsible for the daily management and operation of the s1
the person who is responsible must also submit an application and pay a fee pursl
Section 5.17.050.
Section 5.17.050 Investigation fee - Escort service.
A. A nonrefundable fee in an amount established by the Chief of Police
accompany the submission of each application for an escort service license to defr
part, the costs of investigation. The fee shall not be in lieu of, and shall be in additi
the license fee to be paid pursuant to the terms of this chapter.
Section 5.17.060 License investisation - Escort service.
A. Upon receipt of a completed application and fee, the chief of police s
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have a reasonable time, not to exceed sixty days, in which to verify the application
information and to investigate the background of the applicant.
B. The Chief of Police shall notify the planning, building, fire and health
departments regarding the pending application. The notified departments, within thl
days from the application date, shall inspect the premises proposed to be devoted tc
escort service and shall make separate recommendations to the chief of police con(
compliance with the provisions of this chapter and with the other applicable provisiol
state law and the municipal code.
C. If the escort service has made application for a conditional use permit
pursuant to Chapter 21.43 section 21 -43.1 10 of this code, the investigations require1
therein may satisfy the requirements of this section as well.
Section 5.17.070 Issuance or denial of license.
A. Based upon the results of his own investigation and upon the reports
received from the other city departments, the chief of police shall issue a escort sen
license if he finds:
1. That the operation, as proposed by the applicant, if licensed, VI
comply with all applicable laws, including, but not limited to, the city's building, zonin'
and health regulations;
2. That the applicant, if an individual, or in the case of an applicar
is a corporation or a partnership, any of its officers, directors, holders of ten percent
of corporation stock, has not been convicted in a court of competent jurisdiction of:
a. An offense involving the use of force or violence upon tt
person of another, or
b. A crime requiring registration under Section 290 of the
California Penal Code, or of any violation of Sections 2661, 315, 316, 318 or subdivi5
or (b) of Section 647 of the Penal Code, or
c. Any felony offense involving the sale of a controlled sub
specified in Sections 1 1054, 1 1055,11056,11057, or 1 1058 of the Health and Safe1
Code, or
d. Any of the above substantive offenses as defined in the
any jurisdiction other than the state of California;
3. That the applicant has not knowingly and with intent to deceive
false, misleading or fraudulent statements of fact in the license application or any ott
document required by the city in conjunction therewith;
4. The applicant has met all the requirements of this chapter.
5. The applicant has not had an escort service, massage establis
nude entertainment, outcall service activity, nude photo studio or similar type of licer
permit suspended for one (I) year or more, or revoked for good cause within three (:
years immediately preceding the date of the filing of the application unless the applic
can show material change in circumstances or mitigating circumstances exist since tl
revocation or suspension
If one or more of the above described findings cannot be made, the licc
shall be denied,. In the event of denial, notifications and reasons for denial shall be I
forth in writing by the chief of police and shall be sent to the applicant by means of
registered or certified mail or hand delivery. The denied applicant shall, at his electic
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have the right to receive a hearing before the city manager pursuant to the provisior
this chapter. If such a hearing is not requested within ten days of the notice of deni:
chief of police, the denial shall be final.
Section 5.17.080 Escort service establishment facilities.
A. No license to conduct an escort service shall be granted unless an in!
by the City reveals that the proposed establishment from which the service is to be
conducted complies with the minimum requirements set forth in Title 21 , Chapter 21
Section 21.42.01 0 of this Code.
Section 5.1 7.090 Displav of licenses.
A. Every person issued an escort service license under the terms of this
chapter shall display the license in a conspicuous place so that the same may be re
seen by persons entering the premises from which the escort service is operated.
Section 5.17.100 Name of business.
A. No person licensed to do business as provided in this chapter shall o~
under any name or conduct his business under any designation not specified in his
Section 5.17.1 IO Telephone Number or Numbers of Business.
A. All telephone numbers or listings of the escort service shall be reportt
writing to the chief of police within ten (1 0) days of the telephone number becoming
operative or inoperative.
Section 5.17.1 20 Chanae of location.
A. A change of location of a licensed escort service may be approved b)
chief of police; provided all applicable provisions of this code are complied with and
change of location fee to be determined by a resolution of the City Council to defrc
part, the costs of investigation and inspection has been paid to City.
Section 5.1 7.1 30 Change in escort service manager.
A. If the owner of.an escort service establishment is not acting as the m:
of the establishment, and there is a change in managers, the new manager shall SLI
information required for an escort service application to the chief of police or his as
within thirty days of becoming the new manager. The application information must I
accompanied by an investigation fee pursuant to Section 5.17.050. No other licens
pursuant to this chapter shall be required due to a change in escort service manage
manager is not the establishment owner.
Section 5.1 7.140 Sale or transfer.
A. Upon the sale or transfer of any interest in an escort service, the licer
that establishment shall be null and void. A new application shall be made by any 1
desiring to own or operate an escort service. An application fee to be determined t
resolution of the City Council shall be payable for each such application.
Section 5.17.1 50 Inspection.
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A. Representatives of the City departments of building inspection, housii
police and health shall have the right to enter the premises from time to time during
business hours for the purpose of making reasonable inspections to enforce compli
with building, fire, electrical, mechanical, plumbing or health regulations. This shall
riestrict or limit the right of entry vested in any law enforcement agency.
Section 5.17.160 Escort - License Required
A. It shall be unlawful for any person to engage in the business of actinc
CIS an escort without an escort license issued pursuant to the provisions of this Chz
Such persons when providing services as an escort shall have the permit in his or h
immediate possession and shall exhibit the permit upon demand of any peace office
Section 5.17.170 Escort License
A. Any person desiring to obtain a license to act as an escort shall make
application to the chief of police, or his designated representative. An annual
nonrefundable fee shall accompany the submission of each application to defray, in
the cost of investigation and examination as required by this Chapter. An annual
nonrefundable renewal fee shall be charged to defray associated costs of investigai
enforcement.
B. Each applicant for a license to act as an escort shall furnish the follo\n
i,nformation to the chief of police:
1. The full true name and any other names used by the applicant
2. The present address and telephone number of the applicant;
3. Each residence and business address of the applicant for the 'I
years immediately preceding the date of the application, and the inclusive dates of E
such address;
4. Written proof that the applicant is at least eighteen (1 8) years (
5. Applicant's height, weight, color of eyes and hair;
6. Two photographs of the applicant of a size specified by the chi
police taken within the last thirty (30) days immediately preceding the date of applic;
One photograph shall be retained by the chief of police and one photograph shall bc
to the license;
7. Applicant's business, occupation and employment history for ti
(3) years immediately preceding the date of application;
8. The business or permit history of the applicant including whetk
applicant has ever had any business, professional or vocational license or permit is
an agency or board, City, County or State revoked or suspended, and the reason tt
9. All criminal convictions, except traffic violations, and a statemc
dates and places of such convictions;
IO. The establishment or business locations, if any, at which the a1
expects to be employed.
11. Such other identification and information as may be required ir
to discover the truth of the matters herein specified as required to be set forth in the
application.
12. The chief of police may require the applicant to furnish fingerpl
when needed for the purpose of establishing identification.
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13. A certificate from a medical doctor, licensed to practice in the I
California, stating that the applicant has within thirty (30) days immediately precedir
dlate of application been examined and had no communicable disease on the date (
examination.
C. The chief of police shall have a reasonable time, not to exceed sixty (t
d8ays, in which to investigate the application and background of the applicant.
D. A permit shall be issued within sixty (60) days of receipt of the applica
any applicant who has furnished all of the information required by this section of the
application for such permit, unless:
1. The applicant has knowingly made a false or misleading stater
a. material fact or omission of a material fact in the application for the permit; or
2. The applicant has within five (5) years immediately preceding f
of the filing of the application been convicted of any of the following offenses; 31 5, 3
subdivision (a) or (b) of Section 647 of the California Penal Code, or when the pros€
accepted a plea of guilty or nolo contendere to a charge of a violation of section 412
California Penal Code in satisfaction of, or as a substitute for, an original charge of 2
violation of section 315, 316 or subdivision (a) or (b) of section 647 of the California
Code; any offense which requires registration as a sex offender with the chief of poli
under Penal Code Section 290; any offense in another state which if committed in tt-
would have been punishable as one or more of the heretofore mentioned offenses; z
offense involving the use of force or violence upon the person of another; any offens
irlvolving theft, embezzlement, or moral turpitude; or any violation of a statute, ordinz
regulation pertaining to the same or similar business operational; or
3. The applicant has had an escort service, massage technician c
establishment, nude entertainment, outcall services activity, nude photo studio or sin
type of license or permit suspended for one (1) year or more, or revoked for good ca
within three (3) years immediately preceding the date of the filing of the application, I
the applicant can show a material changes in circumstances or mitigating circumstar,
exist since the revocation or suspension; or
4. The applicant is under eighteen (1 8) years of age. E. A license to act as an escort does not authorize the operation of an esl
slervice. Any person obtaining a license to act as an escort who desires to operate a
escort service must separately apply for a license therefor. A person who applies for
license to operate an escort service and who desires to act as an escort within said
business, who pays the fee required by Section 5.17.050 of this Chapter, shall not bt
required to pay the fee required in this section.
Section 5.1 7.1 80. Operative Date - Escort Services. Escorts.
A. All persons operating an escort service or acting as an escort at the tin
C'hapter becomes effective shall apply for an escort service license or escort license,
dlescribed in this Chapter, within thirty (30) days of the effective date of this Chapter.
Section 5.17.1 90. Escort Services - Operating Requirements.
A. No person, association, partnership or corporation shall engage in, cor
or carry on, or license to be engaged in, conducted or carried on the operation of an t
service unless each and all of the following requirements are met:
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I. Each person employed or acting as an escort shall have a val
license issued pursuant to the provisions of this Chapter, and it shall be unlawful fo
owner, operator, responsible managing employee, manager or licensee in charge c
tmtrol of an escort service to employ or permit any person to act as an escort who
possession of a valid, unrevoked escort permit.
2. The possession of a valid escort service license does not autt
the possessor to perform services for which an escort license is required.
3. Every owner, operator, responsible managing employee, man
licensee in charge of or in control of an escort service shall maintain a daily registel
approved as to form by the police department, containing the following information:
a. The identification of all employees employed by such
establishment together with a duplicate of each of said employee's escort permit;
b. The hours of employment of each employee for each d
c. The true identity of each patron as it appears on bona '
documentary evidence of identity issued by a governmental agency, the city and st:
each patron's residence, hours of employment of escort service, name of escort or
employee providing escort services, location and place where escort services took
and fee charged.
4. The daily register shall at all times during the establishment's
business hours be subject to inspection by the police department and shall be kept
lor one year on the premises.
5. This section is regulatory only within this Chapter.
Section 5.1 7.200 Patrons Obligation.
A. No person who is a patron shall place or be cause to be placed in the
register a false name, or false city and state of that patron's address.
Section 5.1 7.21 0 Rules and Requlations.
A. The chief of Police may adopt rules and regulations supplemental to
provisions of this Chapter and not in conflict therewith.
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;a hearing and appeal in accordance with the provisions set forth in Chapter 5.16, SI 2o A. Any person who has been denied a license by the chief of police ma!
Section 5.1 7.220 Denial of License.
:5.16.270 and 5.16.280.
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Section 5.17.230 Suspension or Revocation of License.
A. In the event that any person holding a license issued pursuant to this
violates or causes or permits to be violated any of the provisions of this Chapter or i
iprovision of any other ordinance or law relating to or regulating escort services, or
conducts or carries on such business or occupation in an unlawful manner or in SUC
/manner as to constitute a public nuisance, the city manager may, in addition to othc
penalties provided by ordinance, suspend or revoke the license as follows:
1. The city manager shall notify the licensee in writing of the inte,
'action and the reasons therefor, and of the right to request a hearing in regard then
2. The action indicated in the written notice shall be final unless 1
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licensee files a written request for hearing with the city manager within ten days of t
notice;
3. If a notice of hearing is received, the city manager shall procec
zmord with Chapter 5.16, Sections 5.16.270 ad 5.16.280.
Section 5.1 7.240 lniunctive Relief.
A. An addition to the legal remedies provided for in this code, the operat
my escort service in violation of the terms of this Chapter is a public nuisance and I
enjoined by the City.
Section 5.1 7.250 Violations.
A. Any person who violates any of the provisions of this Chapter upon
cmviction is guilty of misdemeanor punishable as provided in Section I .08.010.
Section 5.1 7.260 Constitutionalitv.
A. If any section, subsection, sentence, clause or phrase of this Chapter
any reason held to be invalid, such decision shall not affect the validity of the remai
portions of this Chapter. The Council hereby declares that it would have ...
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adopted the Chapter and each section, subsection, sentence, clause or phrase the1
ilrrespective of the fact that any one or more sections, subsections, sentences, clau:
phrases be declared invalid.
EFFECTIVE DATE: This ordinance shall be effective thirty days aftel
adoption; and the city clerk shall certify the adoption of this ordinance and cause it 1
published at least once in a newspaper of general circulation in the City of Carlsbac
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsb
Council on the l7thday of DECEMBER, 1996, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of 1
of Carlsbad on the 7th day of January , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
1 I"& k RONALD R. BALL, -ity Attorney /*e* 9 +*
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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