Chapter 5.12 ESCORT BUREAUS AND INTRODUCTORY SERVICES

“Escort bureau” means any business or agency which, for pecuniary compensation or any consideration, furnishes, or offers to furnish, escorts, persons who accompany others to, from or about social affairs, entertainments, places of public assembly or places of amusement, or who consort with others for hire or reward about any place of public resort or within any private quarters. (Ord. 1481 § 1.101, 1977; prior code § 5-1401)

5.12.020 Provisions supplemental to business license.

The provisions of this article are intended to augment and be in addition to the provisions of Chapter 5.10 BMC, providing for a business license tax. Whenever the provisions of this article impose a greater restriction upon persons, premises or practices than is imposed by the general business license regulations, the provisions of this article shall control. (Ord. 1481 § 3.103(a), 1977; prior code § 5-1403(A))

5.12.030 Permit issuance authority.

The issuing authority shall be the city clerk. (Ord. 1481 § 5.105(a), 1977; prior code § 5-1405(A))

5.12.040 Approval authority – Investigation.

A. The approving authorities shall be the city clerk and the police chief.

B. The police chief shall conduct an investigation of the applicant and the applicant’s employees with respect to determining their character, reputation and moral integrity. In making such determination the police chief shall consider:

1. Penal history: all convictions, the reasons therefor, and the demeanor of the applicant or the applicant’s employees subsequent to their release; and

2. License history: the license history of the applicant or the applicant’s employees and whether such person, in previously operating in this or another city or state under a license, has had such license revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent to such action. (Ord. 1481 § 5.105(b), 1977; prior code § 5-1405(B))

5.12.050 Permit required when.

A. Permit Required. No person shall engage in, conduct or carry on the business of an escort bureau without first applying for and receiving a permit therefor from the city clerk.

B. Exemptions. The provisions of this article shall not apply to or affect the lawful business of any employment agency licensed under the law of the state. (Ord. 1481 § 2.102, 1977; prior code § 5-1402)

5.12.060 Application – Who shall apply.

The permit shall be issued only upon the application in writing of the individual to be in control of, and personally responsible for, the operation and conduct of the escort bureau. (Ord. 1481 § 3.103(b), 1977; prior code § 5-1403(B))

5.12.070 Application – Content.

In addition to the requirements of BMC 5.12.020, the application shall contain the following information concerning the applicant and each escort:

A. Name and present address;

B. Last two previous addresses;

C. Business, occupation or employment for the three years immediately preceding the application;

D. Height, weight and color of eyes;

E. Photographs and fingerprints; and

F. Such other identification and information as the police chief may consider necessary to determine the character, moral integrity and reputation of the applicant. (Ord. 1481 § 5.105(c), 1977; prior code § 5-1405(C))

5.12.080 Grounds for denial of permit.

The police chief shall deny the application for the permit if the character, reputation or moral integrity of the applicant or the applicant’s employees is found to be inimical to the public health, safety, morals or general welfare. The city clerk shall deny the application if the information ascertained by him reveals the application does not comply with the requirements of this article. Disapproval by either of the approving authorities shall constitute disapproval of the permit. (Ord. 1481 § 5.105(d), 1977; prior code § 5-1405(D))

5.12.090 General business license requirements apply.

The general requirements for the application and issuance of licenses common to all businesses as specified in Chapter 5.10 BMC are applicable. (Ord. 1481 § 5.105(e), 1977; prior code § 5-1405(E))

5.12.100 Fee for permit.

A permit fee in the amount of $50.00 per year shall be paid. (Ord. 1481 § 7-107, 1977; prior code § 5-1407)

5.12.110 Bond or deposit.

A. The applicant shall furnish to the city clerk a corporate surety bond in the principal sum of $5,000 for each escort, conditioned as follows:

1. Upon the observance by the applicant and each escort of all the provisions of this article; and

2. Upon the truth of all representations made in connection with the application for such license.

B. Such bond, upon its termination, shall be made to inure to the benefit of any person injured or aggrieved as the result of loss or damage on the part of any escort and shall provide that any such injured or aggrieved person shall have the right of independent action thereon for a period of 60 days from and after the day upon which such loss or damage occurred which constitutes the basis of such action.

C. A certified check, cashier’s check or cash deposit in the amount prescribed in subsection A of this section may be furnished to the city by the applicant, at his option, in lieu of the required bond. Any such check or cash deposit shall be subject to the same conditions as the required bond. In the event the applicant complies with all of the provisions of this article and all of the conditions of the permit, the city shall return such check or cash deposit to the permittee 60 days after the last date of such sale. Otherwise, so much of such sum as is necessary, in the opinion of the city clerk, to satisfy the violation of the conditions shall be forfeited to the city. In the event the city refuses to grant the applicant a permit, such certified check, cashier’s check or cash deposit shall be returned forthwith to the depositor. (Ord. 1481 § 6.106, 1977; prior code § 5-1406)

5.12.120 Registration of escorts.

All escorts employed by the permittee shall be registered with, and issued an identification card by, the police department within 24 hours after accepting such employment. The permittee shall further notify the police department in writing within 24 hours of any change in personnel employed by the escort business. (Ord. 1481 § 3.103(c), 1977; prior code § 5-1403(C))

5.12.130 Recordkeeping requirements.

The permittee shall maintain a duplicate record of every transaction whereby any escort is employed, engaged or arranged for on behalf of any patron, customer or person. The duplicate of such record shall be filed with the police department within 24 hours after such transaction and shall include the following information:

A. The date and hour of the transaction;

B. The name, address and telephone number of the patron, customer or person requesting or employing the escort; and

C. The name of the escort furnished. (Ord. 1481 § 3.103(d), 1977; prior code § 5-1403(D))

5.12.140 Permit issued only to individuals.

No permit shall be issued to or in the name of any organization, group, corporation, partnership or entity other than an individual person; provided, however, that the escort bureau may be advertised and carried on by the permittee under a fictitious name as permitted by law and; provided further, that the proposed name is included in the application and is approved by the clerk. (Ord. 1481 § 4.104(a), 1977; prior code § 5-1404(A))

5.12.150 Acting as escort when unregistered.

No person shall act as an escort, whether self-employed, employed by a permittee of the city, or employed by an agency having its principal place of business outside the city, until such escort has been issued an identification card by the police department. (Ord. 1481 § 4.104(b), 1977; prior code § 5-1404(B))

5.12.160 Age of employees.

No permittee shall employ any person under 21 years of age as an escort or in any other capacity. (Ord. 1481 § 4.104(c), 1977; prior code § 5-1404(C))

5.12.170 General prohibitions apply.

The general prohibitions common to all businesses as specified in Chapter 5.10 BMC shall be applicable. (Ord. 1481 § 4.104(d), 1977; prior code § 5-1404(D))

5.12.180 Revocation and suspension.*

A. General. The provisions of BMC 5.10.230 relating to revocation, suspension and appeals shall be applicable.

B. Additional Grounds. In addition to the grounds for revocation or suspension as set forth in subsection A of this section, the violation of any of the provisions of this article or failure to comply with them shall also constitute grounds for revocation or suspension. (Ord. 1481 § 8.108, 1977; prior code § 5-1408)

* For additional revocation and suspension provisions applicable to this article, see BMC 5.12.300(B).

Article II. Introductory Services

5.12.190 Defined.

“Introductory service” means a service offered or performed for any pecuniary consideration by any person, the principal purpose of which is to aid individuals to become socially acquainted or to otherwise assist individuals to meet for social purposes, or which service is generally known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about others to be used for social purposes. (Ord. 1481 § 1.201, 1977; prior code § 5-1410)

5.12.200 Provisions to supplement business license provisions – Controlling provisions.

The provisions of this article are intended to augment and be in addition to the provisions of Chapter 5.10 BMC providing for a business license tax. Whenever the provisions of this article impose a greater restriction upon persons, premises or practices than is imposed by the general business license regulations, the provisions of this article shall control. (Ord. 1481 § 3.203(a), 1977; prior code § 5-1412(A))

5.12.210 Authority to issue permits.

The issuing authority is the city clerk. (Ord. 1481 § 4.204(a), 1977; prior code § 5-1413(A))

5.12.220 Authority to approve permits – Investigation.

A. The approving authorities shall be the city clerk and the police chief.

1. Penal history: all convictions, the reasons therefor, and the demeanor of the applicant and the applicant’s employees subsequent to their release; and

5.12.230 Permit required when.

A. Permit Required. No person shall engage in, conduct or carry on the business of an introductory service without first applying for and receiving a permit therefor from the city clerk.

B. Exemptions. The provisions of this article shall not apply to or affect the lawful business of any employment agency licensed under the laws of the state. (Ord. 1481 § 2.202, 1977; prior code § 5-1411)

5.12.240 Application – Responsible individual.

The permit shall be issued only upon the application in writing of the individual to be in control of, and personally responsible for, the operation and conduct of the introductory service. (Ord. 1481 § 3.203(b), 1977; prior code § 5-1412(B))

5.12.250 Application – Contents.

In addition to the requirements of BMC 5.12.200, the application shall contain the following information concerning the applicant and each employee:

A. Name and present address;

B. Last two previous addresses;

C. Business, occupation or employment for the three years immediately preceding the application;

D. Height, weight, and color of eyes and hair;

E. Photographs and fingerprints; and

5.12.260 Denial of permit.

5.12.270 General business license requirements apply.

The general requirements of the application and issuance of licenses common to all businesses as specified in Chapter 5.10 BMC shall apply. (Ord. 1481 § 4.204(e), 1977; prior code § 5-1413(E))

5.12.280 Bond or deposit.

A. The applicant shall furnish to the city clerk and maintain in effect at all times during the existence of a permit granted pursuant to this article a corporate surety bond in the total principal sum of $5,000, conditioned as follows:

1. That the principal and each of its officers, employees and agents shall faithfully abide by and conform to the provisions of this article. Such bond shall be made to inure to the benefit of the city and any person suffering damage by reason of any violation of any of these conditions of such bond; provided, however, that the aggregate liability of the principal and surety under this bond in no event shall exceed the sum of $5,000;

2. No claim may be filed under such bond with the surety after 90 days subject to the cancellation of such bond. Such bond shall not be cancelled until 30 days after receipt by the city clerk of a written notice signed by such surety or its duly authorized agent, stating that the liability of such surety is to be terminated and cancelled; nor shall any suit be brought against the principal or surety under the aforesaid bond after six months subsequent to the termination of the bond as provided in this section.

B. A certified check, cashier’s check or cash deposit in the amount prescribed may be furnished to the city by the applicant at his option in lieu of the required bond. Any such check or cash deposit shall be subject to the same conditions as the required bond. In the event the applicant complies with all of the provisions of this article and all of the conditions of the permit the city shall return such check or cash deposit to the permittee 60 days after the last date of such sale. Otherwise, so much of such sum as is necessary, in the opinion of the city clerk, to satisfy the violation of the condition shall be forfeited to the city. In the event the city refuses to grant the applicant a permit such certified check, cashier’s check or cash deposit shall be returned forthwith to the depositor. (Ord. 1481 § 5.205, 1972; prior code § 5-1414)

5.12.290 Registration of employees.

The permittee and all persons employed by the permittee shall be registered with the police department within 24 hours after accepting such employment. The permittee shall further notify the police department in writing within 24 hours of any change in personnel employed by the introductory service. (Ord. 1481 § 3.203(c), 1977; prior code § 5-1412(C))

5.12.300 Revocation and suspension.

A. General License Provisions. The provisions of BMC 5.10.230 relating to revocation, suspension and appeals shall be applicable.

B. Fraud, Moral Turpitude and Detriment to Public Welfare. The city council reserves unto itself the power to suspend or revoke any license issued under the provisions of this chapter at any time where the license was procured by fraud or false representation of facts, or for violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or any of his servants, agents or employees, or the conviction of the person holding such license of any crime or offense involving moral turpitude or the conviction of any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the premises in which the licensed establishment is located, or in the event that it is determined that the future operation of such establishment would be detrimental to the public welfare of the citizens of the city.

C. Violation or Failure to Comply. In addition to the grounds for revocation or suspension as set forth in subsection A of this section, the violation of any of the provisions of this article or failure to comply with them shall also constitute grounds for revocation or suspension. (Ord. 1481 § 1.206, 1977; prior code § 5-1415)