HomeMy WebLinkAbout1997-01-07; City Council; 13986; ADOPTION OF ORDINANCE NO. NS-388- ADOPTING REGULATIONS FOR ESCORT SERVICESP t-l
5 I ClTQiOF CARLSBAD - AGENm BILL ck’d
AB # 14.986
CITY II SERVICES DEPT. CLK
CITY 1 ADOPTING REGULATIONS FOR ESCORT MTG. -7!97
DEPT. E ADOPTION OF ORDINANCE NO. NS-388 -
I I I
RECOMMENDED ACTION:
Adopt Ordinance No. NS-388, amending the Municipal Code by the addition of Chapte
5.17 to add regulations pertaining to escort services.
ITEM EXPLANATION
Ordinance No. NS-388 was introduced at the regular City Council meeting of December 1
1996. The second reading allows Council to adopt the ordinance which would then becom
effective in thirty days. The City Clerk will have the ordinance published within fiftee
days, if adopted.
FISCAL IMPACT
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See Agenda Bill No. 13,969 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-388.
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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 5
SECTION 1 : That Title 5 of the Carlsbad Municipal Code is amend
addition of Chapter 5.17 to read as follows:
"Chapter 5.17
ESCORT SERVICES
lo /I Sections:
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5.1 7.01 0
5.17.020
5.17.030
5.17.040
5.17.050
5.17.060
5.17.070
5.17.080
5.1 7.090
5.17.100
5.17.1 10
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
5.17.21 0
5.17.220
5.17.230
5.17.240
5.17.250
5.17.260
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.
Inspection.
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.
5.1 7.01 0. Purpose and Intent,
A. It is the purpose and intent of this Chapter to provide for the order1
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regulation of escort Services and escorts in the City of Carlsbad, by establishing CE
minimum standards for the conduct of this type of business by the adoption of a lia
procedure for escort establishments as well as the individuals providing escort ser,
This is determined to be necessary to protect and preserve the public order and ths
safety and general welfare of the residents of the City of Carlsbad.
Section 5.17.020 Definitions
A. For the purpose of this Chapter, the following words and phrases sh
the meanings ascribed to them in this section.
1. "Escort service' means any place where patrons can purcha:
social company or companionship of another person to be given either on or off tf
premises, excluding any use regulated by Chapter 21.43 of this Code.
2. "Escort" means any person who, for a fee, commission, hire,
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 busines
or a person regulated by Chapter 21.43 of this Code.
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 (
escort service required by this chapter.
an escort required by this Chapter
3. "Person" means an individual, firm, partnership, joint ventun
4. "Operator" means any person operating an escort service, ir
5. "Employee" means any and all persons who work in or abol
7. "Escort License" shall mean the license to engage in the ad
Section 5.17.030 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 fe , amount established by city council resolution and payable when the license issu
1 license fee shall be in lieu of any business license tax.
I 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 th
3. The name and residence address and phone number of the i
4. The full true name and any other names used by the applica
address of all owners of the escort service establishment, including corporate of%
diredors, stockholders owning more than ten percent of the mrpataati~n, 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 1
immediately prior to the date of the application and the dates of residences at eacl
6. Written proof that the applicant is over the age of eighteen yc
7. Provision of acceptable government issued identification con
the name, date of birth and photograph of the applicant;
8. A complete set of the applicant's fingerprints and a photograi
shall be taken by the chief of police or his agent;
9. Business, occupation or employment history of the applicani
five years immediately preceding the date of the application;
10. 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
revoked or suspended and the reason therefor, and the business activity or om1
subsequent to such action of suspension or revocation.
11. All criminal convictions, other than minor traffic violations, wi
explanation of the circumstances thereof for the escort service establishment mar
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 1
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;
previously operating in this or another city or state under license, had had such lit
Section 5.17.050 lnvestiaation fee - Escort service.
A A nonrefundable fee in an amount established by the Chief of Poli
accompany the submission of each application for an escort service license to dl
part, the costs of investigation. The fee shall not be in lieu of, and shall be in ad1
~ the license fee to be paid pursuant to the terms of this chapter.
Section 5.17.060 License investiaation - Escort service.
A. Upon receipt of a completed application and fee, the chief of policl
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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 1
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 21.43.1 10 of this code, the investigations requi
therein may satisfy the requirements of this section as well.
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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 applil
is a corporation OF a partnership, any of its officers, directors, holders of ten per=
of corporation stock, has not been convicted in a court of competent jurisdiction a
a. An offense involving the use of force or violence up0
person of another, or
b. A crime requiring registration under Section 290 of tt
California Penal Code, of of any violation of Sections 2661, 315, 316,318 or subc
or (b) of Section 647 of the Penal Code, or
c. Any fetony offense involving the sale of a controlled !
specified in Sections 1 1054,11055,11056,11057, or 1 1058 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 dea
false, misleading or fraudulent statements of fact in the license application or an)
dowment 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 enteriainment, outcall service activity, nude photo studio or similar type of I
permit suspended for one (1 ) year or more, or revoked for good cause within thn
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
revocation or suspension
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 e
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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 den
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 it
by the City reveals that the proposed establishment from which the service is to be
Section 21.42.01 0 of this Code.
conducted complies with the minimum requirements set forth in Title 21, Chapter 2
Section 5.17.090 Displav of licenses. A. Every person issued an escort service license under the terms of tt
chapter shall display the license in a conspicuous place so that the same may be
seen by persons entering the premises from which the escort service is operated.
Section 5.17.1 00 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
Section 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.
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Section 5.17.120 Chanae of location.
02”’ - 16 A A change of location of a licensed escort service may be approved
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>P$ 17 60 part, the costs of investigation and inspection has been paid to City.
chief of police; provided all applicable provisions of this code are complied with a
change of location fee to be determined by a resolution of the City Council to de aoA
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Section 5.17.130 Chanqe in escort service manager.
A If the owner of’an escort service establishment is not acting as the
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 5.17.050. No other licc
pursuant to this chapter shall be required due to a change in escort service man:
manager is not the establishment owner.
Section 5.17.140 Sale or transfer.
A. Upon the sale or transfer of any interest in an escort service, the li
that establishment shall be null and void. A new application shall be made by a!
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.
Section 5.17.150 Inspection.
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A. Representatives of the City departments of building inspection, hous
police and health shall have the right to enter the premises from time to time durins
business hours for the purpose of making reasonable inspections to enforce comp
restrict or limit the right of entry vested in any law enforcement agency. with building, fire, electrical, mechanical, plumbing or health regulations. This sha
Section 5.1 7.160 Escort - License Required
A. It shall be unlawful for any person to engage in the business of actir
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 offi
Section 5.1 7.1 70 Escort License
A. Any person desiring to obtain a license to act as an escort shall mal
application to the chief of police, or his designated representative. An annual
nonrefundable fee shall accompany the submission of each application to defray,
the cost of investigation and examination as required by this Chapter. An annual
nonrefundable renewal fee shall be charged to defray associated costs of investis
enforcement.
B. Each applicant for a license to ad as an escort shall furnish the follc
1. The full true name and any other names used by the applica
2. The present address and telephone number of the applicant
3. Each residence and business address of the applicant forth
years immediately preceding the date of the application, and the inclusive dates c
such address;
4. Written proof that the applicant is at least eighteen (1 8) year
5. Applicant's height, weight, color of eyes and hair;
6. Two photographs of the applicant of a size specified by the (
police taken within the last thirty (30) days immediately preceding the date of app'
One photograph shall be retained by the chief of police and one photograph shall
to the license;
7. Applicant's business, occupation and employment history fo
(3) years immediately preceding the date of application;
applicant has ever had any business, professional or vocational license or permit
an agency or board, City, County or State revoked or suspended, and the reason
9. All criminal convictions, except traffic violations, and a statel
dates and places of such convictions;
10. The establishment or business locations, if any, at which tht
expects to be employed. 11. Such other identification and information as may be require(
to discover the truth of the matters herein specified as required to be set forth in 1
application.
12. The chief of police may require the applicant to furnish finge
when needed for the purpose of establishing identification.
information to the chief of police:
8. The business or permit history of the applicant including whr
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13. A certificate from a medical doctor, licensed to practice in the
CalifOmia, 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 si*
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 appli
any applicant who has furnished all of the information required by this section of tl
application for such permit, unless:
1. The applicant has knowingly made a false or misleading stai
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 1
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 i:
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, or(
regulation pertaining to the same or similar business operational; or
3. The applicant has had an escort service, massage technici:
establishment, nude entertainment, outcall services activity, nude photo studio or
type of license or permit suspended for one (1) year or more, or revoked for gooc
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 (18) years of age. E. A license to act as an escort does not authorize the operation of ar
service. Any person obtaining a license to act as an escort who desires to operz
escort service must separately apply for a license therefor. A person who applie
license to operate an escort service and who desires to ad as an escort within Si
business, who pays the fee required by Section 5.17.050 of this Chapter, shall nl
required to pay the fee required in this section.
Section 5.17.1 80. Ooerative Date - Escort Services, Escorts.
A. All persons operating an escort service or acting as an escort at tt
Chapter becomes effective shall apply for an escort service license or escort licc
described in this Chapter, within thirty (30) days of the effective date of this Chal
Section 5.1 7.1 90. Escort Services - Ooeratina Requirements.
A. No person, association, partnership or corporation shall engage ir or cany on, or license to be engaged in, conducted or carried on the operation c
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 va
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 aut
the possessor to perform services for which an escort license is required.
3. Every owner, operator, responsible managing employee, mal
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 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
c. The true identity of each patron as it appears on bona
documentary evidence of identity issued by a governmental agency, the city and ,c
each patron’s residence, hours of employment of escort service, name of escort o
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 Obliaation. A. No person who is a patron shall place or be cause to be placed in t
register a false name, or false city and state of that patron’s address.
Section 5.17.21 0 Rules and Reaulations.
A. The chief of Police may adopt rules and regulations supplemental t
provisions of this Chapter and not in conflict therewith.
Section 5.17.220 Denial of License.
A. Any person who has been denied a license by the chief of police rn
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 t:
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,
wnduds 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 ir
action and the reasons therefor, and of the right to request a hearing in regard tt
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 of
notice;
accord with Chapter 5.16, Sections 5,16,270 ad 5,16280.
3. If a notice of hearing is received, the city manager shall proct
Section 5.17.240 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 anc
enjoined by the City.
Section 5.1 7.250 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 Constitutionality.
A If any section, subsection, sentence, clause or phrase of this Chapt
any reason held to be invalid, such decision shall not affect the validity of the rem
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 the
irrespective 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 aft€
adoption; and the city clerk shall certify the adoption of this ordinance and cause it
published at least once in a newspaper of general circulation in the .City of Carlsbi
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carls
Council on the 17thday of DECEMBER, 1996, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council c
of Carlsbad on the 7th day of January , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin a
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, &h&ity Attorney /*69 ;f*
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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