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HomeMy WebLinkAboutCC ORD 1973-1388 Escort service business license (6.36)ORDIINANCE N0'1388 AN ORDINANCE AMENDING DIVISION 2 OF THE NATIONAL CITY MUNICIPAL CODE TO ADD CHAPTER 26 REGULATING THE ESCORT SERVICE BUSINESS 1. BE IT ORDAINED, by the Council of the City of National City as follows: Section 1. That Division 2of the National City Municipal Code is hereby amended by adding Chapter 26 to read as follows: CHAPTER 26 Article 260 ESCORT SERVICE BUSINESS Section 2601. CITATION ORDINANCE Section 2606. APPLICATION FOR ESCORT SERVICE BUSINESS LICENSE The application for an escort service business license under this chapter shall set forth the proposed place of business and facilities therefor and the name and address of each applicant. In addition to the foregoing, any applicant for a license shall furnish the following information: a. The previous addresses of applicant, if any, for a period of three (3) years immediately prior to the date of the application and the dates of residence et each. b. Written proof that the applicant is at least eighteen (18) years of age. c. Applicant's height, weight, color of eyes and hair. d. Three (3) passport -size photographs 1" x 1" taken within six (6) months OF immediately preceding the date of the application. This Chapter may be cited es the National City Escort Service Ordinance. Section 2602. PURPOSE AND INTENT It is the purpose and intent of this chapter to provide for the orderly regulation of the escort service business in the City of National City. Section2603. DEFINITIONS a. "Escort Service" shall mean any business providing social companions of the opposite or same sex of the person utilizing the services of an Escort Service for which the service provides a companion to engage in any and all activities with the users of the business, including but not limited to social events, sporting events, and theatrical events. b. "Escort Technician" shall mean any person employed by an Escort Service to render the services of said business to render said service to the clients thereof. c. "License" shall mean the business license to operate an escort service business required by this chapter. ' d. "Permit" shall mean the permit to engage in the activities of an escort service technician required by this chapter. Section 2604. ESCORT SERVICE BUSINESS LICENSE REQUIRED It shall be unlawful for any person to engage in, conduct or carry on or permit to be engaged in, conducted or carried on, in or upon any premises within the City of National City the operation of an escort service business without the license required by this chapter. An escort service license shall be issued to any person who has complied with the requirements of Section 2606 and Section 2611 unless: e. The applicant knowingly made a material misstatement in the application fora license; or b. The applicant has, within five (5) years immediately preceding the date of the tiling of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or violations of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(a), 647(b), 647(d) or 647(h) of the California Penal Code, or of any offense involving theft of property. Article 2605. ESCORT SERVICE BUSINESS LICENSE APPLICATION FEE Any person desiring to obtain a license to operate an escort service business shall make an application to the City Treasurer. A fee of two hundred fifty dollars (S250) shall accompany the submission of each application to defray, in part, the costs of investigation, report and on -going law enforcement and health inspections. The application fee required by this section is not in lieu of the license tax required. In the event the application for the license is denied, one hundred fifty dollars (s150) of the application fee shall be returned to the applicant. e. Business, occupation or employment history of the applicant for the three (3) years immediately preceding the date of application. except traffic offenses of twenty five dollars (S25) or less, with a full explanation of the circumstances therefor. g. Fingerprints may be required to be furnished by the applicant. h. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in Its Articles of Incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent (5%) of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. Section 2607. ESCORT SERVICE TECHNICIAN'S PERMIT REQUIRED It shall be unlawful for any person to act as an escort service technician unless such person holds a valid permit issued by the Chief of Police. An escort service technician permit shall be issued to any person who has fulfilled the requirements of Section 2606, paragraphs a through h, and Section 2609 unless: a. The applicant knowingly made e material misstatement in the application for the permit; or b. The applicant has, within five (5) years immediately preceding the date of the filing of the application, been convicted in a court of competent 'jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or violations of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(a), 647(b), 647(d) or 647(h) of the California Penal Code or of any offense involving theft of property. Section 2608. ESCORT SERVICE TECHNICIAN APPLICATION FEE Any person desiring to obtain a permit to act as an escort service technician shalt make an application to the Chief of Police. A nonrefundable fee of two hundred fifty dollars (5250) shall accompany the submission of the application to defray, in part, the costs of investigation by the Police Department and the administration of the qualifying examination by the Department of Public Health. A permit to act as an escort service technician does not authorize the operation of an escort service business. Any person obtaining a permit to act as an escort service technician who desires to operate an escort service must separately apply for a license therefor. A person who applies for a license to operate an escort service and who desires to act as an escort service technician within said escort service establishment who pays the fee required by Section 2605 of this chapter shall not be required to pay the fee required by this section. Section 2609. APPLICATION FORM FOR ESCORT SERVICE TECHNICIAN Any applicant for an escort service technician permit shall furnish all of the information required by Section 2606, paragraphs a through h, of this chapter. In addition, the applicant shall furnish e certificate from a medical doctor licensed to practice in the State of California stating that she applicant has, within thirty (30) days immediately preceding the date of the application, been examined and found to be free: of any contagious or communicable disease. Section 2610. EFFECTIVE DATE - ESCORT SERVICE TECHNICIANS All persons operating or employed as escort service technicians in escort service businesses at the time this chapter becomes effective shall obtain an escort service technician permit within sixty (60) days from the effective date of this chapter. Section 2611. ESCORT SERVICE BUSINESS FACILITIES No license to conduct an escort service business shall be issued unless an inspection by the City Building Inspection Department, Fire Department and the Department of Public Health reveals that the establishment complies with each of the following minimum requirements: e. The establishment is in compliance with all existing codes. b. The establishment is located in excess of three hundred (300) feet from any residentially zoned property. Section 2612. EFFECTIVE DATE - EXISTING ESTABLISHMENTS A licensee of any existing escort service establishment et the time this chapter becomes effective shall be required to comply with the requirements of Section 2611 within one (1) year from the effective date of this chapter unless said licensee changes the location of his establishment or undertakes additions to or improvements of his escort service establishment buildings, in which case all additions or expansion of the building or other place of business of the escort service establishment shall require inspection and shall require compliance with the provisions of Section 2611. Section 2613. NAME OF BUSINESS No person licensed to do business as herein provided shall operate under any name or conduct his business under any designation not specified in his license. Section 2614. CHANGE OF LOCATION A change of location of an escort service business shall require the approval of the Chief of Police and such approval shall be granted provided all applicable provisions of this Code are complied with and a change of location fee of one hundred dollars (5100) to defray, in part, the costs of investigation and report, has been paid to the City. Section 2615. SALE OR TRANSFER Upon the sale or transfer of any interest in an escort service business, the license shall be null and void. A new application shall be made by any person, firm or entity desiring to own or operate the escort service establishment. A fee of twenty-five dollars (525) shall be payable for each such application involving sale or other transfer of any interest in an existing escort service establishment. Section 2616. EMPLOYEE PERMITS It shall be unlawful for the license of en escort service establishment to employ or allow a person to act as an escort technician unless such person has obtained an escort service technician permit. Section 2617. DISPLAY OF PERMITS AND LICENSES The owner or operator of an escort service business shall display the escort service business license issued and the permit of each and every escort technician employed in the establishment in an open and conspicuous place on the premises. Section 2618. ADVERTISING No escort service business licensed under this chapter shall place, publish or distribute or cause to be placed, published or distributed, any advertising matter that describes or depicts any portion of the human body in a manner or with the use of descriptive language which would reasonably suggest to prospective patrons that any service is available other than those services described in Section 2603 of this chapter. Section 2619. RECORDS OF ENGAGEMENTS Every person, association, firm or corporation operating an escort service business under a license issued pursuant to this chapter shall keep a record of the (continued) delivery, notice that within a period of not less than five (5) nor more than fourteen (14) days from date of the posting of said notice, a hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial, suspension or revocation of a license or permit. The notification shall include the date, time and place of hearing. The hearing shall be conducted by a hearing officer, appointed by the City Manager. The applicant, licensee or permittee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the applicant, licensee or permittee, or counsel representing the applicant, licensee or permittee fails to appear at the the hearing, the evidence of the existence of facts which constitute grounds for the denial, suspension or revocation of the license or permit shall be considered unrebutted. A copy of the decision of the hearing officer specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. The hearing officer shall inform the party against whom the decision is rendered of his right 10 appeal pursuant to Section 2625 of this chapter. Section 2623. STAY OF SUSPENSION OR REVOCATION The effect of a decision by the hearing officer shall be stayed while an appeal to the City Council is pending or until the time for filing such appeal has expired, except as provided in Section 2624 01 this chapter. Section 2624. EXCEPTION TO HEARING PROCEDURE When, in the opinion of the City Manager, there is an immediate threat to the public health, welfare or safety, the City Manager may suspend or revoke a license or permit issued pursuant to this chapter without calling a hearing. The person affected may appeal such decision pursuant to Section 2625 of this chapter. The effect of such decision shall not be stayed during pendency of such appeal. Section 2625. APPEAL Within ten (10) days after receipt of the decision of the hearing officer, any party affected by the decision may file with the City Clerk a written request for a public hearing before the City Council. Upon the filing of such a request, the City Clerk shall within fourteen (14) days thereafter set the matter for a hearing and shall notify the appellant of the date, time and place of such hearing at least five (5) days before the hearing date. At the hearing, any person may present evidence in opposition to, or in support of, appellant's case. At the conclusion of the hearing, the City Council shall either grant or deny the appeal; the decision of the City Council shall be final Section 2626. CONSTITUTIONALITY it any section, subsection, sentence. clause or phrase of this chapter is for any reason held to be invalid, such decision date and hour of each engagement, the name and address of the patron, and the name of the technician engaged. Such record shall be open 10 inspection by officials charged with the enforcement of these provisions for the purpose of law enforcement and for health reasons. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of National City shall constitute a misdemeanor, and such officer or employee shall be subject to the penalty provisions of this Code in addition to any other penalties provided by law. Such records shall be maintained for a period of two (2) years. Section 2620. RIGHT OF ENTRY For purposes of ascertaining violations of this chapter and conducting routine inspections, police officers of the National City Police Department shall have the right of entry into the premises of any escort service business during the hours such establishment is open for business. It shall be unlawful for any person to hinder, delay, prevent or refuse to permit any lawful inspection or investigation of an escort service business by any police officer of the National City Police Department. Section 2621. SUSPENSION OR REVOCATION OF LICENSE OR PERMIT In the event that any person holding a license or permit issued pursuant to this chapter shall violate or cause or permit to be violated any of the provisions of this chapter, or any provision of any other ordinance or law relating to or regulating said business or occupation, or shall conduct or carry on such business or occupation in a unlawful manner, the Chief of Police may, in addition 10 other penalties provided by ordinance or state law, suspend or revoke the license or permit after the licensee or permittee has been given the opportunity for a hearing as described in Section 2622. For the purpose of this section, a criminal court conviction shall not be required to support a finding of a violation of any law. Section 2622. HEARING Any person who has been denied a license or permit, cr any person whose license or permit issued pursuant to this chapter has been suspended or revoked may request a hearing conducted City Manager's office. The reque hearing must be in writing and must be made within ten (10) calendar days from the date of the decision denying, suspending or revoking the license or permit. Upon receiving a written request for a hearing, the City Manager o delegate shall ra❑ a boar-,nn and forth in writing and send to the a licensee or permittee by me registered mall, certified mail or hand (continued shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase thereof, respective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 2. This ordinance shall take effect and be in force immediately upon adoption, as an urgency ordinance, the City Council hereby finds and declares that the protection of the public health, welfare, safety, and general welfare require adoption of this ordinance as an urgency ordinance because no regulations exist 10 govern conduct of an "escort service" and an application is now pending for such a service, which would operate without regulation and proper revenue collecting procedures in the absence of this ordinance. PASSED AND ADOPTED this 2nd day of October, 1973. KileMorgan MAYOR ATTEST: /s/ lone Minogue Campbell CITY CLERK Passed and adopted by the Council of the City of National City, California, on October 2, 1973 by the following vote, 10- wit: Ayes: Councilmen Camacho, Pinson, Reid, Waters, Morgan Nays: Councilmen None Absent. Councilmen None Abstain: Councilmen None AUTHENTICATED BY' KILE MORGAN Mayor of the City of National City, California (Seal) 5. lone Minogue Campbell City Clerk of the City of National City, California I HEREBY CERTIFY that the foregoing ordinance was adopted on October 2, 1973 under the provisions of Sec. 65858 of the Government Code. I FURTHER CERTIFY that the reading of said ordinance in full was dispensed with by the unanimous vote of the members elected to Council. I FURTHER CERTIFY that the above and or:.oing is a full, true and correct cop of •rdinance No. 1388 of the City of ty, passed and adopit07�y the City on Octob o e a .gueCamp City[ lerk of the Cit Nati+ al City, California 0-11-73 I HEREBY CERTIFY that the been duly published according (Seal) ti;,fy Clerk of the Lity of National City, California