3926ORDINANCE NO.' ' 3926
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
-~� TITLE 4 OF THE ANAHEIM MUNICIPAL CODE BY
ADDING CHAPTER 4.90 RELATING TO ESCORT BUREAUS,
INTRODUCTORY SERVICES AND SIMILAR BUSINESSES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Title '4 of the Anaheim Municipal Code be, and
the same is hereby, amended by adding to Title 4, Chapter
4.90 to read as follows:
"CHAPTER 4.90 ESCORT BUREAU, INTRODUCTORY SERVICES
AND SIMILAR BUSINESSES
Section 4.90.010 Definitions
For the purpose of this chapter, certain words and
phrases shall be construed herein as set forth in this
section, unless it is apparent from the context that a
different meaning is intended.
(a) 'Escort' means a person who for pecuniary
compensation, gratuity, or any consideration escorts
or accompanies others to, from or about social affairs,
entertainments, places of public assembly or places of
amusement,- or who may consort with others, for hire,
about any place of public or private resort or within
any private quarters.
(b) 'Escort bureau' means any business, agency,
or self-employed or independent escort who, for
pecuniary compensation, gratuity, or any consideration,
furnishes, or offers to furnish, escorts or 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 about
any place of public or private resort or within any
private quarters.
(c) 'Introductory Service' means a service offered
or performed for pecuniary compensation, gratuity, or
other 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
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by the offering or performing party to be used by the
recipients thereof for the purpose of obtaining informa-
tion about others to be used for social purposes.
(d) 'Person' shall mean any natural person, firm,
partnership, corporation or association.
(e) 'Profit Interest? means any interest or share
in the present or prospective profit of the Escort
Bureau or Introductory Service.
Section 4.90.020 Escort Bureau and Introductory Service --
Permit Required
It shall be unlawful for any person to conduct, manage,
engage in, or carry on, any Escort Bureau or Introductory
Service unless there has been granted to such a person a
valid permit therefor, pursuant to the provisions of this
Chapter. The permit required hereby shall be in addition
to any business license required by ordinance.
Section 4.90.030 - Exception
The requirements of Chapter 4.90 shall have no
application and no effect upon and shall not be construed
as applying to a person in the lawful business of an
employment agency licensed under the laws of the State of
California.
Section 4.90.040 Permit -- Separate Premises
A separate permit is required for each location within
the City of Anahem for each Escort Bureau or Introductory
Service.
Section 4.90.050 Application and Renewal Fees
(a) Any person desiring to obtain a permit to operate
an Escort Bureau or Introductory Service, or to perform
escort or introductory services shall make application
under penalty of perjury to the License Collector who shall
refer all such applications to the Chief of Police for an
investigation.
(b) Each application shall be accompanied by a
nonrefundable application fee of One Hundred Dollars
($100).
(c) Each permit issued under this Chapter shall
expire on June 30th of each year.
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An unrevoked permit may be renewed for one
year on written application to the License Collector,
made on or before July lst of each year, accompanied by
,-- the required fee; provided, however, said application
for renewal shall not be made prior to May 15th of said
year. Said application shall include the applicant's
full name and address, the names and addresses of all
persons employed, or intended to be employed as escorts;
the address of the premises where the Escort Bureau or
Introductory Service will be located; the hours of
operation, and such other related information as the
License Collector may require.
The renewal fee for a permit shall be Fifty
Dollars ($50.00). The first renewal fee'for a permit
issued during the months of January, February or March
shall be one-half the normal renewal fee. There shall
be no renewal fee for the first renewal of a permit
issued during the months of April, May or June.
Permit fees required under this Chapter shall
be in addition to any license, permit or fee required
under any other chapter of this code.
Section 4.90.060 Permit Application - Contents
Any applicant for a permit shall submit the
following information under penalty of perjury:
(a) The full name, date of birth, present residence
and business address and telephone number of the applicant
and California Driver's License number or California
Identification number and Social Security number, if any.
Any other names or aliases, including any other names
used by applicant shall be listed. The applicant shall
submit any change of address or telephone number which
occurs at any time subsequent to being issued a permit.
(b) Each residence and business address of applicant
for the five (5) years immediately proceeding the date of
the application, and the inclusive dates of each such
address.
(c) Written proof that the applicant is at least
eighteen (18) years of age.
(d) Applicant's sex, height, weight, color of eyes
and hair.
(e) Applicant's business, occupation and employ-
ment history for the five (5) years immediately
preceding the date of application.
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M The permit history of the applicant; whether
such person has ever had any license or permit issued by
any agency or board, City, County or State revoked or
suspended, or has had any professional or vocational
license or permit revoked or suspended, and the reason
therefor.
(g) In the .event the applicant is not the legal
owner of the property upon which the Escort Bureau or
Introductory Service is located, the application must be
accompanied by a notarized acknowledgment from the owner
of the property that an Escort Bureau or Introductory
Service will be located on his/her property.
(h) Whether the applicant has been convicted of any
crimes, except minor traffic offenses. (any traffic offense
that is designated as a felony shall not be construed as a
minor traffic offense)., and, if so, the nature thereof and
sentence therefor.
(i) A definition of service to be provided.
(j) The name, address, Social Security number,
date of birth, California Driver's License -or Identi-
fication number, and any other names used of each
individual escort who is or will be employed or whose
services will be retained by the applicant in the
Escort Bureau or Introductory Service;
(k) Authorization for the City, its agents and
employees to seek information and conduct an investiga-
tion into the truth of all the statements set forth in
the application and the qualifications of the applicant
for the permit.
(1) If the applicant is a corporation, the name
of the corporation shall be set forth exactly as shown
in its Articles of Incorporation, or Charter together
with the .State and date of incorporation and names and
residence addresses of each of its current officers and
directors, and of each stockholder or profit interest
holder having 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
addresses of each of the partners, including limited
partners and profit interest holders.
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If the applicant is a limited partnership, it
shall furnish a copy of its certificate of limited
partnership as filed with the County Clerk. If one
or more of the partners is a corporation, the provisions
of this subsection pertaining to corporation applicants
shall apply. The applicant corporation or partnership
shall designate one of its officers or general partners
to act as its responsible managing officer. Such person
shall complete and sign all application forms required of
an individual applicant under this ordinance, but only one
application fee shall be charged.
(m) The names, current addresses and written
statements of at least three (3) bonafide permanent
residents of the United States that the applicant is of
good moral character. If the applicant is able, the
statement must first be furnished from residents of the
City of Anaheim, then the County of Orange, then the
State of California, and lastly from the rest of the
United States. These references must be persons other
than relatives and business associates.
(n) Such other identification and information
necessary to discover the validity of the matters set
forth in the application.
Section 4.90.07.0 Application Information - Change
Whenever any change occurs relating to the
written information required by Section 4.90.060, the
applicant or permittee shall give written notification
of such change to the police department within 24 hours
after such change.
Section 4.90.080 Medical Certificate
It shall be the responsibility of the permittee
to furnish the City a statement by a licensed medical
doctor in the State of California that each person
performing escort services on behalf of the permittee
within three (3) days of employment or within three (3)
days of the performance of any escort services is free
of any communicable diseases.
Section 4.90.090 Permit Procedures
Any applicant for a permit pursuant to this
Chapter shall personally appear at the .Police Department
and provide proof that the application fee has been paid
to the License Collector of the City of Anaheim. The
applicant shall present to the Police Department the
application containing the information described in this
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Chapter. The Chief of Police shall have a reasonable
time in which to investigate the application and the
background of the applicant. Based on such investigation,
the Chief of Police, or his representative, shall render
a recommendation as to the approval or denial of the
permit to the License Collector.
The Chief of Police shall not recommend issuance
or granting of a permit if, based on the investigation,
he finds any one or more of the following:
(1) An applicant fails or refuses to furnish the
information, documents, or fees required by this Chapter;
or
(2) An applicant submits false, misleading or
fraudulent information on the application or on any docu-
ment required by the City in conjunction therefor; or
(3) The Chief. of Police receives satisfactory
evidence that the applicant if an individual; or any of
the stockholders holding more than five percent (5%) of
the stock of the corporation; or any of the partners,
including limited partners, or the holder of any lien of
any nature or profit interest holder, manager or other
person principally in charge of the .operation of the.
business, or a person employed or contracted with to be
an escort or provide escort services; was convicted or
plead nolo contendre or guilty to a misdemeanor or
felony crime of moral turpitude or a misdemeanor or
felony crime involving sexual misconduct including, but
not limited to, all offenses listed in Penal Code Section
290, and subsection of Sections 311 through 311.9.
Sections 314 through 3182 subsections (a), (b), (c), or
(d) of Section 647 of the Penal Code or any offenses
involving pimping, pandering, prostitution or lewd conduct;
or has permitted, through an act of omission or commission,
his or her employee or agent to engage in any type of
moral turpitude or sexual misconduct offense, misdemeanor
or felony. Under such circumstances, the conduct of the
employee or agent, if such conduct resulted in a conviction
or a plea of nolo contendre or guilty, will be considered
imputed to the principal and is grounds for permit denial.
(4) The applicant or manager or other person
principally in charge of the operation of the business,
is not the age of eighteen (18) years or older.
(5) The City of Anaheim's Police Department,
Building Division, Fire Department, or -Health Depart-
ment inspection or investigation of the Escort Bureau
or Introductory Service reveals a deficiency, violation,
or course of conduct which endangers the peace, health,
safety and general welfare of the public.
The License Collector, after receiving the afore-
mentioned and described information, may in his discretion
and judgment issue or deny a permit. In the event the
permit -is denied by the License Collector, written notice
of such denial shall be given to the applicant specifying
the grounds for such denial. Notice of the denial of the
permit shall be deemed to have been served upon personal
service of applicant or when deposited in the United States
mail with postage prepaid and addressed to the applicant
at his last known address. Such refusal to issue a permit
may be appealed to the City Council under the procedures
as set forth below.
Within thirty (30) days from the date of denial,
any person denied a permit pursuant to these provisions
by the License Collector may appeal to the City Council in
writing stating reasons why the permit should be granted.
The City Council may grant or deny the permit and such
decision shall be final upon the applicant. Also, the City
Council may elect, on its own motion, to review any deter-
mination of the License Collector granting or denying a
permit.
All permits issued hereunder are nontransferable
provided, however, a change of location of an Escort Bureau
or Introductory Service may be permitted pursuant to the
provisions herein.
Section 4.90.100 Sale or Transfer and Change of Location
Upon the sale or transfer of'any ownership or profit
interest whether present or prospective in an Escort Bureau
or Introductory Service, the permit shall be null and void.
A new application shall be made deleting the person who no
longer holds any ownership or profit interest and naming the
person who has been sold or transferred ownership or profit
interest in the Escort Bureau or Introductory Service. A
fee of One Hundred Dollars ($100.00) shall be payable for
the application and all the provisions of this Chapter shall
apply to such new application.
A change of location of any licensed Escort Bureau or
Introductory Service shall be approved by the Chief of
Police and City Planning Director upon the determination
that the requirements of this Chapter and all ordinances
and regulations of the City of Anaheim have been fully
complied with and upon the payment of a Fifty Dollar ($50.00)
change of location fee.
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Section 4.90.120 Suspension or Revocation of Permit.
The City Council may suspend or revoke the permit
-- issued hereunder:
(1) when it determines that the permit holder
violated or permitted other persons to violate, through
an act of omission or commission by the permit holder,
any type of offense, felony or misdemeanor, involving
moral turpitude or sexual misconduct, if, as a result
of the offense, the permit holder or the employee or
agent of the permit holder is convicted or enters a
plea of guilty or nolo contendre.
(2) when it determines that the permit holder or
his agent, manager, or the employee in charge of the
Escort Bureau or Introductory Service was put on notice,
or knew of, or should have known of, a violation of the
provisions of the Anaheim Municipal Code including but
not limited to the provisions of Chapter 4.90 and,
failed to correct that violation.
(3) when it determines that an inspection or
investigation by the City Building Division, Police
Department, Fire Department or Health Department reveals
a deficiency, violation, or course of conduct that
endangers the peace, health, safety and general welfare
of the public.
In each subdivision of this section, no permit shall
be suspended or revoked unless hearing and notice thereof
be given. Notice of such hearing shall be given in writing
and served at least five (5) days prior to the date of
hearing thereon. The notice shall state the ground of the
complaint against the holder of such permit, or against the
business carried on by the permittee at the Escort Bureau
and Introductory Service, and shall state the time and
place where such hearing will be held.
This notice shall be served upon the permit holder
by delivering the same to such person or by leaving such
notice at the place of business or residence of the .permit
holder in the custody of a person of suitable age and
discretion. In the .event the permit holder cannot be
found and the service of such notice cannot be made in the
manner herein provided, a copy of such notice shall be
mailed, postage fully prepaid, addressed to the permit
holder at his place of business or residence at least five
(5) days prior to the date of such hearing.
9.*]!
It is unlawful for any person to conduct or carry
on the business of a Escort Bureau or Introductory Service
until a permit, suspended or revoked, has been reinstated
by the City Council.
Section 4.90.130 Notification of Change
An applicant for a license 'to operate or conduct an
Escort Bureau or Introductory Service or a holder of such
a license shall report immediately to the License Collector
any transfer of ownership or profit interest in said
establishment, any change of address of the persons,
corporations, partnerships or associations having owner-
ship or profit interest in the Escort Bureau or Intro-
ductory Service.
Section 4.90.140 Notification of Individual Escorts Employed
The holder of a permit to operate or conduct an Escort
Bureau or Introductory Service shall notify the License
Collector in writing of the nameand address of each person
performing escort services at or out of such establishment
within five (5) days after such person associates with or
becomes employed with said establishment.
Section 4.90.150 Applicability of Regulations to Existing
Businesses.
The provisions of this Chapter shall be applicable to
all persons and businesses described herein whether the
herein described activities were established before or
after the effective date of this ordinance, except that those
in business at the time this ordinance is effective shall
have ninety (90) days from said effective date to comply
with the terms herein.
Section 4.90.160 Violation and Penalty
Violation of this Chapter is a misdemeanor and is
punishable by a fine of not more than Five Hundred Dollars
($500.00) or by imprisonment for not more than six (6)
months, or by both such fine and imprisonment. Revocation
of a license or certificate shall not be a defense against
prosecution.
Any Escort Bureau or Introductory Service operated,
�^ conducted, or maintained contrary to the provisions of
this Chapter shall be, and the same is hereby, declared to
be unlawful and a public nuisance and the City Attorney
may, in addition to or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding
or proceedings, for the abatement, removal and enjoinment
thereof, in the manner provided by law."
'SECTION 2.
SEVERABILITY. The City Council of the City of Anaheim
,..,.,, hereby declares that should any section, paragraph, sentence or
word of this chapter of the Code hereby adopted be declared for
any reason to be invalid, it is the intent of the Council that
it would have passed all other portions of this chapter
independent of the .elimination herefrom of any such portion as
may be declared invalid.
SECTION 3.
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin,
a newspaper of general circulation, printed, published and
circulated in said City, and thirty (30) days from and after
its final passage, it shall take effect and be in full force.
THE FOREGOING
the City Council of the
October , 1978.
ATTEST:
ORDINANCE is approved and adopted by
City of Anaheim this 17th_ day of
ROF:HPB:jh
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STATE OF.CALIFORNIA )
COUNTY OF ORANGE
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City. Clerk.. of the' City -of'Anaheim,. do. hereby: certify
that.the'foregoing Ordinance No. 3926 -was introduced'..at a.regular meeting of
the' City Council .of:. the'. City..of' Anaheim, .held- on'. the' 10th- day of'.Octobei, 1978,
and.that.the'.same-was:duly•passed'_and.adopted'.at a.regular.meeting of'said City
Council held on the'17th day of'Octobet; 1978,.by.the'followiag vote of the
members thereof:
AYES: COUNCILMEMBERS: Overholi,-Kaywood, Roth and Seymour
NOES: COUNCIL MEMBERS: None
TEMPORARILY ABSENT: .COUNCIL MEMBERS: Katt
ABSENT: COUNCIL MEMBERS: None .
AND I .FURTHER CERTIFY that . the' Mayor'.of the' City of ' Anaheim signed said
Ordinance No.'3926.on.the 17th day of October, 1978.
IN WITNESS WHEREOF, I have -hereunto -set my hand and affixed the official
seal of the City of Anaheim this 17th day of October, 1978.
CITY:. ERS. OF.. THE C , ..OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 3926 and was published once
in the Anaheim Bulletin on the 27th day of October, 1978.
BuIpZing
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