HomeMy WebLinkAbout1996-12-17; City Council; 13969; AMENDMENT TO MUNICIPAL CODE REGARDING ESCORT SERVICESCITY m CARLSBAD - AGEND~ILL f-&
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DEPT. 6k&“
T’TLE: AMENDMENT TO MUNICIPAL CODE
CITY
DEPl
MTG, &/’-) ”i 6- CITY REGARDING ESCORT SERVICES
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RECOMMENDED ACTION:
Introduce Ordinance No. M- 398 amending Carlsbad Municipal Code Title 5 b! the addition of Chapter 5.17 relating to escort services.
Adopt Resolution No. 96- 437 establishing a five hundred dollar escor establishment license fee and a one hundred dollar escort service employe( investigation fee.
ITEM EXPLANATION:
Escort service businesses have existed in cities within San Diego County fG several years and are often targets for prostitution. The Police Department i
requesting the ordinance be adopted, allowing them to regulate and identif
participants, thereby limiting criminal activity within the City.
The license fees of five hundred dollars for an escort service business licens and one hundred dollars for escort service employee have been recommende to defray costs of background investigations by the Police Department.
FISCAL IMPACT:
The, City is not currently aware of any escort service businesses operating j Carlsbad. The estimated annual revenue to the City’s General Fund expected to be minimal and will be offset by the expense of investigatir these businesses.
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; 1, Ordinance No. NS-388 . 2 .A
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Resolution No. 94- 439 .
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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 1
SECTION 1 : That Title 5 of the Carlsbad Municipal Code is amenc
addition of Chapter 5.17 to read as follows:
"Chapter 5.17
ESCORT SERVICES
Sections:
5.17.01 0
5.17.020
5.17.030
5.17.040
5.17.050
5.17.060
5.17.080
5.17.090
5.17.1 00
5.17.110
5.17.120
5.17.130
5.17.140
5.17.150
5.17.160
5.17.170
5.17.180
5.17.190
5.17.200
5.1 7.21 0
5.17.220
5.17.230
5.17.240
5.17.250
5.17.260
5.17.070
Purpose and intent.
Definitions.
Escort Service - License Required.
Escort Service License.
investigation Fee - Escort Service.
License investigation - Escort Service
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.
Issuance or Denial of License.
5.17.01 0. Purpose and Intent.
A. It is the purpose and intent of this Chapter to provide for the orderl:
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regulation of escort services and escorts in the City of Carlsbad, by establishing c
procedure for escort establishments as well as the individuals providing escort se
This is determined to be necessary to protect and preserve the public order and tl
safety and general welfare of the residents of the City of Carlsbad.
minimum standards for the conduct of this type of business by the adoption of a lil
Section 5.17.020 Definitions
A. For the purpose of this Chapter, the following words and phrases SI
the meanings ascribed to them in this section.
social company or companionship of another person to be given either on or off tl
premises, excluding any use regulated by Chapter 21.43 of this Code.
or profit, accompanies other persons to or about social affairs, entertainments, or
amusement, or consorts with others about any place of public resort or within any
quarters. Excluded from this definition are any persons employed by any busine$
or a person regulated by Chapter 21.43 of this Code.
3. “Person” means an individual, firm, partnership, joint ventur
1. “Escort service” means any place where patrons can purchz
2. “Escort” means any person who, for a fee, commission, hire,
association, social club, fraternal organization, joint stock company, corporation, t
trust, business trust, receiver, trustee, syndicate, or any other group or combinatic
as a unit, excepting the United States of America, the State of California, and any
subdivision thereof.
but not limited to the owner or proprietor of the premises upon which it is located,
lessee, sublessee, or mortgagee in possession.
any services whatsoever to the patrons or customers of an Escort Service and wl
compensation for such service.
6. “Escort service license” shall mean the business license to 1
escort service required by this chapter.
an escort required by this Chapter
4. “Operator“ means any person operating an escort service, ir
5. “Employee” means any and all persons who work in or ab01
7. “Escort License” shall mean the license to engage in the ac
Section 5.1 7.030 Escort Service - License Required.
A. It shall be unlawful for any person, as defined above, to engage in,
carry on, or to permit to be engaged in, conducted or carried on, the operation of
service as herein defined, without a license issued by the Chief of Police of the C
pursuant to the provisions of this section for each and every such business. Any
obtaining an escort service license shall pay to the license collector a license fec
amount established by city council resolution and payable when the license issut
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 tc
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 tb
3. The name and residence address and phone number of the I
4. The full true name and any other names used by the appliE
address of all owners of the escort service establishment, including corporate offic
directors, stockholders owning more than ten percent of the corporation, and gene
managing and limited partners. Corporations shall also furnish the name and add
agent for service of process and the state of incorporation;
5. The previous address of the applicant, if any, for a period of
immediately prior to the date of the application and the dates of residences at eac
6. Written proof that the applicant is over the age of eighteen y
7. Provision of acceptable government issued identification cor
the name, date of birth and photograph of the applicant;
8. A complete set of the applicant‘s fingerprints and a photogra
shall be taken by the chief of police or his agent;
9. Business, occupation or employment history of the applican
five years immediately preceding the date of the application;
IO. The history of the applicant in the operation of an escort ser
similar business or occupation, including, but not limited to, whether or not such F
previously operating in this or another city or state under license, had had such lil
revoked or suspended and the reason therefor, and the business activity or occul
subsequent to such action of suspension or revocation.
11. All criminal convictions, other than minor traffic violations, w
explanation of the circumstances thereof for the escort service establishment mat
operator and the owner, including all partners, corporate officers and directors;
12. At the discretion of the chief of police, the applicant may be
submit the name and address of each escort service applicant who is or will be el
the establishment;
13. The name and address of the owner and Lessor of the real ~
upon or in which the business is to be conducted, and a copy of the lease or rent
agreement;
14. Such other identification and information necessary to disco
truth of the matters hereinbefore specified as required to be set forth in the applic
15. The applicant shall be the owner of the escort service estat
If the applicant is not responsible for the daily management and operation of the
the person who is responsible must also submit an application and pay a fee pu
Section 5.17. .
service and address;
Section 5.1 7.050 lnvestiqation fee - Escort service.
A. A nonrefundable fee in an amount established by the Chief of Polil
accompany the submission of each application for an escort service license to dr
part, the costs of investigation. The fee shall not be in lieu of, and shall be in adc
the license fee to be paid pursuant to the terms of this chapter.
Section 5.17.060 License investiqation - Escort service.
A. Upon receipt of a completed application and fee, the chief of polict
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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 healtt
departments regarding the pending application. The notified departments, within t
days from the application date, shall inspect the premises proposed to be devoted
escort service and shall make separate recommendations to the chief of police co;
compliance with the provisions of this chapter and with the other applicable provis
state law and the municipal code.
C. If the escort service has made application for a conditional use pern
pursuant to Chapter 21.43 section 21.43. I IO of this code, the investigations requil
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 repor
received from the other city departments, the chief of police shall issue a escort sc
license if he finds:
1. That the operation, as proposed by the applicant, if licensed
comply with all applicable laws, including, but not limited to, the city's building, ZOI
and health regulations;
2. That the applicant, if an individual, or in the case of an applic
is a corporation or a partnership, any of its officers, directors, holders of ten perce
of corporation stock, has not been convicted in a court of competent jurisdiction o
a. An offense involving the use of force or violence up01
person of another, or
b. A crime requiring registration under Section 290 of tk
California Penal Code, or of any violation of Sections 266i, 31 5, 31 6, 31 8 or subc
or (b) of Section 647 of the Penal Code, or
c. Any felony offense involving the sale of a controlled !
specified in Sections 11054, 11055, 11056, 11057, or 11058 of the Health and S'
Code, or
d. Any of the above substantive offenses as defined in
any jurisdiction other than the state of California;
3. That the applicant has not knowingly and with intent to dew
false, misleading or fraudulent statements of fact in the license application or an)
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 esk
nude entertainment, outcall service activity, nude photo studio or similar type of I1
permit suspended for one (1 ) year or more, or revoked for good cause within thrt
years immediately preceding the date of the filing of the application unless the a1
can show material change in circumstances or mitigating circumstances exist sir
If one or more of the above described findings cannot be made, th
shall be denied,. In the event of denial, notifications and reasons for denial shal
forth in writing by the chief of police and shall be sent to the applicant by means
registered or certified mail or hand delivery. The denied applicant shall, at his el
revocation or suspension
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have the right to receive a hearing before the city manager pursuant to the provisic
this chapter. If such a hearing is not requested within ten days of the notice of der
chief of police, the denial shall be final.
Section 5.1 7.080 Escort service establishment facilities.
A. No license to conduct an escort service shall be granted unless an il
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 i
Section 21.42.010 of this Code.
Section 5.1 7.090 Displav of licenses.
A. Every person issued an escort service license under the terms of th
chapter shall display the license in a conspicuous-place so that the same may be I
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
under any name or conduct his business under any designation not specified in h
Sectjon 5.1 7.1 10 Telephone Number or Numbers of Business.
A. All telephone numbers or listings of the escort service shall be repo
writing to the chief of police within ten (10) days of the telephone number becomir
operative or inoperative.
Section 5.17.120 Change of location.
A. A change of location of a licensed escort service may be approved
chief of police; provided all applicable provisions of this code are complied with ar
change of location fee to be determined by a resolution of the City Council to de
part, the costs of investigation and inspection has been paid to City.
Section 5.1 7.130 Chanqe in escort service manager.
A. If the owner of'an escort service establishment is not acting as the I
of the establishment, and there is a change in managers, the new manager shall
information required for an escort service application to the chief of police or his
within thirty days of becoming the new manager. The application information mu.
accompanied by an investigation fee pursuant to Section 5.1 7.050. No other, lice
pursuant to this chapter shall be required due to a change in escort service man:
manager is not the establishment owner.
Section 5.1 7.1 40 Sale or transfer.
A. Upon the sale or transfer of any interest in an escort service, the lic
that establishment shall be null and void. A new application shall be made by an
desiring to own or operate an escort service. An application fee to be determine(
resolution of the City Council shall be payable for each such application.
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Section 5.17.150 Inspection.
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A. Representatives of the City departments of building inspection, hou:
police and health shall have the right to enter the premises from time to time durin(
business hours for the purpose of making reasonable inspections to enforce comp
with building, fire, electrical, mechanical, plumbing or health regulations. This sha~
restrict 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 actin
as an escort without an escort license issued pursuant to the provisions of this Ct- Such persons when providing services as an escort shall have the permit in his or
immediate possession and shall exhibit the permit upon demand of any peace offic
Section 5.17.170 Escort License A. Any person desiring to obtain a license to act as an escort shall mak
application to the chief of police, or his designated representative. An annual
nonrefundable fee shall accompany the submission of each application to defray, i
the cost of investigation and examination as required by this Chapter. An annual
nonrefundable renewal fee shall be charged to defray associated costs of investig;
enforcement.
B. Each applicant for a license to act as an escort shall furnish the follo
information to the chief of police:
1. The full true name and any other names used by the applicar
2. The present address and telephone number of the applicant;
3. Each residence and business address of the applicant for thc
years immediately preceding the date of the application, and the inclusive dates of
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 ci
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 t
to the license;
7. Applicant’s business, occupation and employment history for
(3) years immediately preceding the date of application;
8. The business or permit history of the applicant including whef
applicant has ever had any business, professional or vocational license or permit i:
an agency or board, City, County or State revoked or suspended, and the reason t
9. All criminal convictions, except traffic violations, and a statem
dates and places of such convictions;
IO. The establishment or business locations, if any, at which the :
expects to be employed.
11. Such other identification and information as may be required i
to discover the truth of the matters herein specified as required to be set forth in thf
application.
12. The chief of police may require the applicant to furnish finger;
when needed for the purpose of establishing identification.
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13. A certificate from a medical doctor, licensed to practice in the
California, stating that the applicant has within thirty (30) days immediately preced
date 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
days, 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 applic
any applicant who has furnished all of the information required by this section of tk
application for such permit, unless:
I. The applicant has knowingly made a false or misleading stat
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 precedin!
of the filing of the application been convicted of any of the following offenses; 31 5
subdivision (a) or (b) of Section 647 of the California Penal Code, or when the prc
accepted a plea of guilty or nolo contendere to a charge of a violation of section 4
California Penal Code in satisfaction of, or as a substitute for, an original charge (
violation of section 315, 316 or subdivision (a) or (b) of section 647 of the Califorr
Code; any offense which requires registration as a sex offender with the chief of r
under Penal Code Section 290; any offense in another state which if committed ir
would have been punishable as one or more of the heretofore mentioned offense
offense involving the use of force or violence upon the person of another; any off(
involving theft, embezzlement, or moral turpitude; or any violation of a statute, orc
regulation pertaining to the same or similar business operational; or
3. The applicant has had an escort service, massage technicia
establishment, nude entertainment, outcall services activity, nude photo studio or
type of license or permit suspended for one (I) year or more, or revoked for good
within three (3) years immediately preceding the date of the filing of the applicatic
the applicant can show a material changes in circumstances or mitigating circum:
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
service. Any person obtaining a license to act as an escort who desires to opera1
escort service must separately apply for a license therefor. A person who applie:
license to operate an escort service and who desires to act as an escort within s:
business, who pays the fee required by Section 5.17.050 of this Chapter, shall nr
required to pay the fee required in this section.
Section 5.17.1 80. Operative Date - Escort Services, Escorts.
A. All persons operating an escort service or acting as an escort at th
Chapter becomes effective shall apply for an escort service license or escort lice
described in this Chapter, within thirty (30) days of the effective date of this Char
Section 5.17.1 90. Escort Services - Operatina Requirements.
A. No person, association, partnership or corporation shall engage in
or carry on, or license to be engaged in, conducted or carried on the operation o
service unless each and all of the following requirements are met:
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1. Each person employed or acting as an escort shall have a vi
license issued pursuant to the provisions of this Chapter, and it shall be unlawful fc
owner, operator, responsible managing employee, manager or licensee in charge
control of an escort service to employ or permit any person to act as an escort whc
possession of a valid, unrevoked escort permit,
2. The possession of a valid escort service license does not au‘
the possessor to perform services for which an escort license is required.
3. Every owner, operator, responsible managing employee, ma
licensee in charge of or in control of an escort service shall maintain a daily registc
approved as to form by the police department, containing the following informatior
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
c. The true identity of each patron as it appears on bon!
documentary evidence of identity issued by a governmental agency, the city and I
each patron’s residence, hours of employment of escort service, name of escort c
employee providing escort services, location and place where escort services too
and fee charged.
4. The daily register shall at all times during the establishment’
business hours be subject to inspection by the police department and shall be kel
for one year on the premises.
5. This section is regulatory only within this Chapter.
Section 5.17.200 Patrons Obliqation.
A. No person who is a patron shall place or be cause to be placed in 1
register a false name, or false city and state of that patron’s address.
Section 5.17.210 Rules and Regulations.
provisions of this Chapter and not in conflict therewith.
A. The chief of Police may adopt rules and regulations supplemental 1
Section 5.17.220 Denial of License.
A. Any person who has been denied a license by the chief of police r~
a hearing and appeal in accordance with the provisions set forth in Chapter 5.16,
5.16.270 and 5.16.280.
Section 5.17.230 Suspension or Revocation of License.
A. In the event that any person holding a license issued pursuant to tl
violates or causes or permits to be violated any of the provisions of this Chapter
provision of any other ordinance or law relating to or regulating escort services,
conducts or carries on such business or occupation in an unlawful manner or in
manner as to constitute a public nuisance, the city manager may, in addition to c
penalties provided by ordinance, suspend or revoke the license as follows:
1. The city manager shall notify the licensee in writing of the il
action and the reasons therefor, and of the right to request a hearing in regard tk
2. The action indicated in the written notice shall be final unle
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licensee files a written request for hearing with the city manager within ten days 0'
notice;
3. If a notice of hearing is received, the city manager shall proc
accord 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 oper
any escort service in violation of the terms of this Chapter is a public nuisance an
enjoined by the City.
Section 5.17.250 Violations.
A. Any person who violates any of the provisions of this Chapter upon
conviction is guilty of misdemeanor punishable as provided in Section 1.08.01 0.
Section 5.17.260 Constitutionalitv.
A. If any section, subsection, sentence, clause or phrase of this Chap
any reason held to be invalid, such decision shall not affect the validity of the rerr
portions of this Chapter. The Council hereby declares that it would have ...
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I adapted the Chapter and each section, subsection, sentence, clause or phrase th
irrespective of the fact that any one or more sections, subsections, sentences, cia
phrases be declared invalid. 2
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EFFECTIVE DATE: This ordinance shall be effective thirty days afl
5 /I adoption; and the city clerk shall certify the adoption of this ordinance and cause i
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fifteen days after its adoption. 7
published at least once in a newspaper of general circulation in the City of Carlsb;
8 INTRODUCED AND FIRST READ at a regular meeting of the Carl:
9 Council on the 17 t hday of DECEMBER, 1996, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City Council c
of Carlsbad on the day of , 1996, by the following vote, to wit:
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I
AYES:
NOES:
ABSENT:
'
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, Acting City Attorney
CLAUDE A. LEWIS, Mayor
AlTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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RESOLUTION NO. 96-439
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING LICENSE FEES FOR ESCORT SERVICE EMPLOYEES
WHEREAS, the City of Carlsbad, California has determined it
to be in the public interest to license escort services employees
within the City of Carlsbad; and
WHEREAS, escort service employees license fees are to be
established by City Council Resolution pursuant to Carlsbad Municipa
Code Section 5.1:
NOW, THEREFORE, BE IT FZESOLVED by the City Council of
the City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That an escort service business license fee of $500
and an escort service employee license fee of $100 is
established pursuant to Carlsbad Municipal Code Section 5.17.
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PASSED, APPROVED AND ADOFTED at a regular meeting of the
Carlsbad City Council held on the 17th day of December *
1996. by the following vote to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
9l ATTEST:
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(SEAL)
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