HomeMy WebLinkAboutOrdinance No. 3565 - Escort Services Business - Police Depar (2) '7 — \L cf 1))
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Council/Agency Meeting Held: H-17-"-
Deferred/Continued to:
A proved ❑ Conditionall Approved ❑ Denied Ds"- Cle ' Signature
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P � Pry No. 1
Council MPdA(ereti Q Date: June 17. 20n2Department I�Number: PD 02-009
0 1 01 oL p oev_ Qfo. 3565 _(- 5`�
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CITY OF HUNTINGTON BEACH
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REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEM:ERS D c
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR"? �'
a
PREPARED BY: RON LOWENBE L: <
RG, CHIEF OF POL t ( D
2l.r. _�J 65' 7- .. . ''7 4411
SUBJECT: ADOPT ESCORT SERVICES ORDINANCE (Chapter 5.71) &
RESOLUTION SETTING FEE SCHEDULE
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: There is a need to adopt a new ordinance and fee schedule relating to
escort service businesses in order to assist the Police Department in monitoring these types
of businesses.
Funding Source: N/A
Recommended Action:
1. Adopt Ordinance,//o. , an ordinance of the City of Huntington Beach adding
Chapter 5.71 to the Huntington Beach Municipal Code pertaining to escort services.
2. Adopt Resolution, , a resolution of the City Council of the City of Huntington
amending Resolution No. 5159 entitled, "A resolution of the City Council of the City of
Huntington Beach establishing a city fee schedule" as to the fees applicable to escort
businesses and escort employees (supplemental fee resolution no. ).
Alternative Action(s): Do not adopt the Escort Services ordinance and proposed fees and
direct staff accordingly.
&—lct
REC=_ EST FOR CITY COUNCIL A.. i ION
MEETING DATE: June 17, 2002 DEPARTMENT ID NUMBER: PD 02-009
Analysis:
It has become an unfortunate fact that escort services have been tied to acts of prostitution,
robbery, pimping and pandering, and the use of narcotics. Currently, the Police Department
has no formalized process for monitoring the start-up or regulation of these businesses.
While no city business licenses have ever been issued for these types of businesses, based
on advertisements circulating within the city, it appears there may be several of these types
of businesses located or operating within the city. At this time, if an escort service business
were to establish itself in the City of Huntington Beach, it would only need a business license
and would pay the standard license fee. However, the majority of these types of businesses
do not have licenses as they operate out of residential dwellings as an outcall service
This new ordinance would formalize the process of obtaining a business license for all escort
services and all individual escorts that conduct business within the City. Since escort
services are similar to masseuse businesses and require similar investigative review, they
should be subjected to similar fees and requirements. The establishment of standards for
issuance of permits and restrictions for operation would provide assistance in reducing the
risk of illegal activity. Furthermore, the regulations and restrictions proposed in this Chapter
will assist in discouraging escort service businesses from degenerating into houses of
prostitution, and allow the Police Department the means of monitoring escort service
businesses.
If adopted, this ordinance would require that escort business owners and each individual
employee obtain a permit and license. The business applicant must provide information to
identify themselves and all employees, including fingerprints, photographs of themselves,
felony criminal conviction information and other pertinent data. In addition, each individual
escort must provide identifying information on their application. An investigation, similar to
that of other types of sexually oriented businesses and their individual employees, will be
conducted. Conditions concerning issuance or denial of permits for the business or
individual are also outlined in this ordinance.
The recommended fee of $500.00 for escort businesses and $125.00 for individual
employees is standardized for other sexual oriented business applicants. The purpose of
these fees is to assist in defraying the expenses incidental to the processing of the
application. It is estimated that approximately 10-15 businesses of this type would request
licenses. It is not known how many individual escorts would also need to obtain a license to
operate in the City.
Environmental Status: N/A
RCA Escort Service.doc -2- 6/6/2002 3:51 PM
RECCLiCST FOR CITY COUNCIL A%,HON
MEETING DATE: June 17, 2002 DEPARTMENT ID NUMBER: PD 02-009
Attachment(s):
City Clerk's
Page Number No. Description
1 Ordinance moo, 3-`‘,..
2 Resolution Aid, 0200.2-.6.2
RCA Author: Erik Krause/Shawna Krone-Schmidt
RCA Escort Service2.doc -3- 6/5/2002 6:25 PM
(13) June 17, 2002 - Coun‘,,.,,-.gency Agenda - Page 13 ��))
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F-2. (City Council) Approve Introduction of Ordinance No. 3565 Adding Huntington
Beach Municipal Code Chapter 5.71 Pertaining to Escort Service Businesses —
Adopt Resolution No. 2002-62 Setting Fee Schedule (640.10)
Communication from the Chief of Police informing Council that there is a need to adopt a
new ordinance and fee schedule relating to escort service businesses in order to assist
the Police Department. Currently, there is no formalized process for monitoring the
start-up or regulation of these businesses. At this time, if an escort service business
were to establish itself in the City of Huntington Beach, it would only need a business
license and would pay the standard license fee. However, the majority of these types of
businesses do not have licenses as they operate out of residential dwellings as a outcall
service. This new ordinance would formalize the process of obtaining a business license
for all escort services and all individual escorts that conduct business within the City.
Furthermore, the regulations and restrictions proposed in Chapter 5.71 will assist in
discouraging escort service businesses from degenerating into houses of prostitution,
and allow the Police Department the means of monitoring escort service businesses. If
adopted, this ordinance would require that escort business owners and each individual
employee obtain a permit and license.
**A PowerPoint presentation titled Escort Ordinance Chapter 5.71 is included in the
agenda packet.
Recommended Action: Motion to:
1. After City Clerk reads by title, approve introduction of Ordinance No. 3565— "An
Ordinance of the City of Huntington Beach Adding Chapter 5.71 to the Huntington
Beach Municipal Code Pertaining to Escort Services;"
Approved introduction as amended by the following: All employees of the
escort services shall comply with the following conditions and any other
conditions specified by the Chief of Police and approved by City Council
on issuance of the employee permit.
Approved introduction as amended 6-0-1 (Dettloff absent)
and
2. Adopt Resolution No. 2002-62 - "A Resolution of the City Council of the City of
Huntington Beach Amending Resolution No. 5159 Entitled, "A Resolution of the City
Council of the City of Huntington Beach Establishing a City Fee Schedule"as to
Fees Applicable to Escort Businesses and Escort Employee (Supplemental Fee
Resolution No. 86)."
Adopted 6-0-1 (Dettloff absent)
ATTACHMENT # 1
•
ORDINANCE NO. 3565
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 5.71 TO THE HUNTINGTON BEACH MUNICIPAL
CODE PERTAINING TO ESCORT SERVICES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That the Huntington Beach Municipal Code is hereby amended by adding
Chapter 5.71, said Chapter to read as follows:
Chapter 5.71
ESCORT SERVICE
Sections:
5.71.010 Findings and Purpose
5.71.020 Definitions
5.71.030 Escort Service Permit Required
5.71.040 Application for Escort Service Permit
5.71.050 Escort Service Permit Issuance and Denial
5.71.060 Escort Employee Permit Required
5.71.070 Application for Employee Permit
5.71.0.80 Employee Permit Issuance.and Denial
5.71.090 Change of Business
5.71.100 Fees
5.71.110 Existing Escort Services
5.71.120 Transfer, Duration and Renewal of Permits
5.71.125 Escort Service Change of Location or Name
5.71.130 Employment of Persons Under the Age of Eighteen Prohibited
5.71.140 Age of Customer
5.71.150 Inspection
5.71.160 Daily Register
5.71.170 Permit Suspension and Revocation
5.71.180 Appeal Procedure
5.71.190 Appeal Hearing Rules
5.71.200 Applications Barred for One Year
5.71.210 Violation and Penalty
5.71.220 Unlawful Operation Declared Nuisance
5.71.230 Severability
5.71.010 Findings and Purpose. The City Council finds and declares as follows:
A. The permit requirements and restrictions imposed by this Chapter are necessary to protect
the health, safety and welfare of the citizens of Huntington Beach;and
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Ord.No.3565
B. There has been ap increase in the incidence of acts of prostitution, pimping and pandering
and robbery by use of debilitating narcotics in escort services and the establishment of
standards for issuance of permits and restriction on operation would serve to reduce the
risk of illegal activity; and .
C. The restrictions and requirements contained in this Chapter reduce the burden on the police department and permit the deployment of the police personnel such that more
serious crimes may be prevented and more important laws be enforced; and
D. The regulations and restrictions contained in this Chapter tend to discourage escort
services from degenerating into house of prostitution and the means utilized in this
Chapter bear a reasonable and rational relationship to the goals sought to be achieved.
5.71.020 Definitions. For the purpose of this Chapter, the following words and phrases shall
mean and include:
A. Chief of police: Chief of Police of the City of Huntington Beach or his or her designee.
•
B. City Administrator: - City Administrator of the City of Huntington Beach or his or her
designee.
C. Employee: Any and all persons who work in or about or render any services whatsoever
to the patrons or customers of escort service.
D. Escort: Any person who, for a fee, commission, hire, reward or profit, accompanies other
persons to or about social affairs, entertainments or places of amusement or consorts with
others about any place of public resort or within any private quarters. Excluded from this
definition are any persons employed by any business, agency or person excluded from the
definitions of"escort service"below.
E. Escort service: Any business, agency or person who, for a fee, commission, hire, reward
or profit, furnishes or offers to furnish names of persons or who introduces, furnishes or
arranges for persons, who may accompany other persons to or about social affairs,
entertainments or places of amusements, or who may consort with others about any place
of public resort or within any private quarters. Excluded from this definition are any
businesses, agencies or persons which provide escort services for older persons as
defined in California Welfare and Institutions Code Section 9406, when such services are
provided as part of a social welfare and health program for such older person. •
F. Operator: Any person operating an escort service, including but not limited to the owner
or proprietor of the premises upon which it is located, and the lessee, sublessee,or
mortgagee in possession.
G. Person: An individual, firm, partnership,joint venture, association, social club, fraternal,
organization,joint stock company, corporation, estate, trust, business trust, receiver,
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Ord.No.3565
trustee, syndicate, or any other group or combination of acting as a unit, excepting the
United States of America, the State of California and any political subdivision thereof.
5.71.030 Escort Service Permit Required. No person shall operate an escort service within the
City of Huntington Beach without first having obtained an escort service permit and securing the
necessary business license as required by this Code.
5.71.040 Application for Escort Service Permit.
A. Any person desiring an escort service permit shall file a written application on the
required form with the Chief of Police for an investigation. The applicant shall
personally appear at the.Police Department of the City of Huntington Beach and produce
proof that the application fee as established by resolution of the City Council has been
paid and shall present the application.
B. For purposes of this section, applicant shall mean the owner of the proposed escort
service, if a sole proprietorship; one general partner, if a partnership; one officer or
director, if a corporation; and one participant, if a joint venture.
C. The application shall contain or be accompanied by the following information:
1. The type of ownership of the business, i.e., whether by individual, partnership,
corporation or otherwise.
2. The precise name under which the escort service is to be conducted.
3. The complete address and all telephone numbers of the escort service.
4. A complete list of the names and resident addresses of all proposed employees in
the escort service and the names and resident address of the manager or managing
employee proposed to be principally in charge of the operation of the escort
service.
5. The following personal information concerning the applicant:
a. The full, true name and any other names, including aliases, used by the
applicant.
b. The present business address and telephone number of the applicant and
previous addresses, if any, for a period of five (5) years immediately prior
to the present address.
c. Acceptable written proof that the applicant is at least eighteen (18) years
of age. •
d. The applicant's height, weight, color of eyes and hair and date and place of
birth, unless applicant is a partnership or corporation, in which case this
information shall be supplied for the person or persons authorized to
execute the application.
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Ord.No.3565
e. The social security number and state driver's license or identification card
of the applicant.
f. The applicant's fingerprints on a form provided by the Police Department
and two color photographs clearly showing the applicant's face at least 2"
x 2" taken within the last six (6) months. Any fees for the fingerprints or
photograph shall be paid by the applicant.
g. The escort service or similar business history and experience of the
applicant, including but not limited to, whether or not such person in
previously operating an escort service or similar business in this City or
other city under license or permit, has had such license or permit denied,
revoked, or suspended and the reasons therefor.
h. All felony convictions of the applicant within the last five (5) years and all
misdemeanor convictions within the last two (2) years of the applicant of
any of the offenses set forth in California Penal Code Sections 315, 316,
266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of
the California Penal Code as those sections now appear or may hereafter
be amended or renumbered or the equivalent of the aforesaid offenses
outside of the State of California.
If the applicant intends to operate the escort business under a name other
than that of the applicant the applicant shall file the fictitious name of the
escort business and show proof of registration of the fictitious name.
j. If the applicant is: •
(1) a corporation, the name of the corporation shall be set forth exactly
as shown in its articles of incorporation or charter, evidence that
the corporation is in good standing under the laws of the State of
California, the name of the registered corporate agent and the
address of the registered office for service of process, together with
the place and date of incorporation, and the names and addresses of
each of its current officers and directors, and each stockholder
holding more than twenty percent (20%) of the stock in the
corporation;
(2) a partnership, the applicant shall set forth the name, residence •
address and dates of birth of the partners, including limited
partners, and attached a copy of the partnership agreement. If the
applicant is a limited partnership,it shall furnish a copy of its
certificate of limited partnership filed with the County Clerk. If
one or more of the partners is a corporation, the provisions of this
subsection pertaining to corporations shall apply.
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Ord.No.3565
The applicant corporation or partnership shall designate one of its officers or
general partners to act as its responsible managing officer. All individuals owning
a twenty percent (20%) or greater equitable interest in the escort business shall
complete and sign all application forms required of an individual applicant under
this Chapter, but only one application fee shall be charged.
6. Authorization for the City, its agents and employees to seek verification of the
information contained in the application.
7. The name and address of the owner and lessor of the real property upon which the
business is to be conducted, and, if applicable, a copy of the lease or rental
agreement.
8. Such other information and identification as deemed necessary by the Chief of
Police and approved by the City Council.
9. A statement in writing signed and dated by the applicant that he or she certifies
under penalty of perjury that all of the information contained in the application is
true and correct.
5.71.050 Escort Service Permit Issuance and Denial.
A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an
investigation in such a manner as he or she deems appropriate in order to ascertain
whether such permit should be issued as requested. The Chief of Police shall approve,
conditionally approve, or deny the application within sixty(60) days of filing of the
application unless the Chief makes any of the following findings:
1. Any person that will be directly engaged or employed in the escort service has
been convicted of a violation of Health & Safety Code Section 11550 or a
violation of Penal Code Sections 266, 315, 316, 318 or 647(b), or has been
convicted in any other state of any offense which, if committed or attempted in
this state, would have been punishable as one or more of the above-mentioned
offenses, or that any such person is required to register under the provisions of
Penal Code Section 290.
2. If relevant Department of Justice state summary criminal history information is
not received within the sixty day investigation period, the Chief of Police is
authorized to issue a temporary permit. A final decision granting or denying a •
permit shall be made after receipt of such summary criminal history information.
If the permit is granted, its effective date shall be the date of issuance of the
temporary permit. If the permit is denied,the temporary permit shall expire upon
notice of denial.
3. Any person that will be directly engaged or employed in the escort service has
been convicted of any offense involving the sale of a controlled substance
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• Ord.No.3565
•
specified in Health &Safety Code Sections 11054, 11055, 11056, 11057 or 11058 .
or the possession for sale and/or possession of a controlled substance specified in
Health &Safety Code Section s 11054, 11055, 11056, 11057 or 11058 either in
an escort service or while employed by an escort service or has been convicted in
any other state of any offense which would have been punishable as one or more
of the above-mentioned offenses.
•
If relevant Department of Justice state summary criminal history information is
not received within the sixty day investigation period, the Chief of Police is
authorized to issue a temporary permit. A final decision granting or denying a
permit shall be made after receipt of such summary criminal history information.
If the permit is granted, its effective date shall be the date of issuance of the
temporary permit. If the permit is denied, the temporary permit shall expire upon
notice of denial.
4. Any person that will be directly engaged or employed in the escort service, has
committed an act which if done by a permittee under the Chapter, would be
grounds for suspension or revocation of the permit.
5. Any person that will be directly engaged or employed in the escort service has
had a permit or license to operate an escort service business revoked by the
granting authority.
6. Any person that will be directly engaged or employed in the escort service has
been convicted of any act involving dishonesty, fraud, or deceit with the intent to
substantially benefit himself, herself or another or substantially injure another or
an act of violence, which act or acts are substantially related to the qualifications,
functions or duties of the escort service.
7. The operations of the escort service would, if allowed, constitute a public
nuisance.
8. The applicant has knowingly made a false, misleading or fraudulent statement of
fact to the City in the permit application process.
9. The application does not contain the information required by Section 5.71.040.
10. The applicant has not satisfied the requirements of this Chapter.
11. The premises where the escort service business will be conducted does not
comply with all applicable laws, including but not limited to, the building,
planning,housing and fire codes of the City of Huntington Beach.
B. All escort service permit holder shall comply with the following conditions and any other
conditions specified by the Chief of Police on issuance of the escort service permit:
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Ord.No.3565
1. No person granted a permit as herein provided shall operate under any name or
conduct business under any designation not specified in his or her permit.
2. The escort service permit holder shall only employ persons who have obtained
and then possess a valid employee permit issued pursuant to this Chapter. Every
escort service permit holder shall report to the Chief of Police any change of
employees, whether by new or renewed employment, discharge or termination,
the report to contain the name of the employee and the date of change. The report
shall be made within five days of the change. The escort service permittee shall
take all reasonable steps to ensure the return to the Chief of Police of the
employee permit of all employees no longer employed at the escort service.
3. The escort service permit holder shall conspicuously display the escort service.
permit in an easily accessible public place within the escort service.
4. The escort service shall not refuse the service on the basis of a customer's sex,
race, color, religion, ancestry, national origin or other arbitrary factor prescribed
by the Unruh Civil Rights Act, Civil Code Section 51, et seq.
5. The escort service shall have a manager on the premises at all times during when
the escort service is open. The operator of each escort service shall file a
statement with the Chief of Police designating the person or person with power to
act as a manager at the operator's escort service. Whenever the escort service is
open and the operator is absent, the designated manager(s) shall be responsible for
ensuring compliance with Sections 5.71.050(B)(1) of this Chapter. The manager
of each escort service shall take necessary steps to ensure that copies of the
employee permit for each on-duty employee shall be conspicuously displayed in
an easily accessible public place within the escort service.
6. The escort service shall comply with all provisions of this Chapter and the
applicable provisions of the Huntington Beach Municipal Code.
5.71.060 Escort Employee Permit Required. No person shall work in or about an escort service
in the City of Huntington Beach or perform any services for a customer or an escort service
wherever located, without first securing an escort permit.
5.71.070 Application for Escort Permit.
A. Any person desiring an employee permit shall personally appear at the City of •
Huntington Beach and file a written application on the required form with the Chief of
Police for investigation. The applicant shall accompany the application with the
appropriate application.fee as set by resolution of the City Council.
B. The application shall contain or be accompanied by the following information:
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••
Ord.No.3565
1. A statement of the exact locations of which the applicant will be working as an
employee,of an escort service, including the full street address and all telephone
numbers associated with said locations, and the name and address of the escort
services, including the managers and owners of the escort services.
2. The following personal information concerning the applicant;
a. The full, true name and any other names, including aliases, used by the
applicant.
b. The present residence address and telephone number of the applicant and
previous addresses, if any, for a period of five (5) years immediately prior
to the present address.
c. Acceptable written proof that the applicant is at least eighteen(18) years
of age.
d. Height, weight, color of hair, eyes and sex.
e. The social security number and state driver's license or identification card
of the applicant.
f. The applicant's fingerprints on a form provided by the Police Department
and two color photographs clearly showing the applicant's face at least 2"
x 2" taken within last six (6) months. Any fees for the fingerprints or
photograph shall be paid by the applicant.
g. The escort service or similar business history experience of the applicant,
including but not limited to,whether or not such person, in previously
performing escort services or being employed by an escort service or
similar business in this City or other city under license or permit,has had
such license or permit denied, revoked or suspended and the reasons
therefor.
3. All criminal convictions, except minor traffic violations, including date and place
of each such conviction and reasons therefor.
4. Authorization for the City, its agents and employees to seek verification of the
information contained in the application. •
5. A statement in writing signed and dated by the applicant that he or she certifies .
that under penalty of perjury that all information contained in the application is
true and correct.
6. Such other information and identification as deemed necessary by the Chief of
Police and approved by the City Council.
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•
Ord.No.3565
5.71.080 Employee Permit Issuance and Denial.
A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an
investigation in such manner as he or she deems appropriate in order to ascertain whether
such permit should be issued as requested. The Chief of Police shall approve,
conditionally approve, or deny the application within forty-five (45) days of filing of the application. Said forty-five (45) day period may be continued for an additional thirty
•
(30) days if necessitated by the occurrence of events beyond the control of the Chief of
Police. The Chief of Police shall issue such permit as requested unless the Chief of
Police makes any of the following findings:
1. The applicant has been convicted of a violation of Health and Safety Code
Section 11550 or a violation Penal Code Sections 2661, 315, 316, 318 or 647(b),
or has been convicted in any other state of any offense which, if committed or
attempted in this state, would have been punished as one or more of the above-
mentioned offenses or that the applicant is required to register under the
provisions of Penal Code Section 290.
2. If relevant Department of Justice state summary criminal history information is
not received within the sixty day investigation period, the Chief of Police is
authorized to issue a temporary permit. A final decision granting or denying a
permit shall be made after receipt of such summary criminal history information.
If the permit is granted, its effective date shall be the date of issuance of the
temporary permit. If the permit is denied, the temporary permit shall expire upon
notice of denial.
3. The applicant has been convicted of any offense involving the sale of a controlled
substance specified in Health &Safety Code Sections 11054, 11055, 11056,
11057 or 11058 either in an escort service or while employed by an escort service
has been convicted in any other state of any offense which, if committed or
attempted in this state, would have been punishable as one or more of the above-
mentioned offenses.
4. The applicant has committed an act, which, if done by a permittee under this
Chapter, would be grounds for suspension or revocation.
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Ord.No.3565
5. The applicant has had a permit license to operate an escort service or to work in or
about an escort service revoked by the granting authority.
6. The applicant has been convicted of an act involving dishonesty, fraud, or deceit
with the intent to substantially benefit himself, herself or another or substantially
injure another or an act of violence, which act or acts are substantially related to the qualifications, functions, or duties of an employee of the escort service.
7. The applicant has knowingly made a false, misleading, or fraudulent statement of
fact to the to the City in the permit application process.
8. The application does not contain the information required by Section 5.71.070.
9. The applicant has not satisfied the requirements of this Chapter.
B. All employees of the escort services shall comply with the following conditions and any
other conditions specified by the Chief of Police and approved by City Council on
issuance of the employee permit.
1. No person granted a permit as herein provided shall operate under any name or
conduct business under any designation not specified in his or her permit.
2. The employee.of the escort service shall carry a photo identification card prepared
and issued by the Chief of Police on the person when working pursuant to the
permit. If an employee changes his or her business address, he or she shall,
within seven days after such change occurs advise the Chief of Police, in writing,
of the new business address, and obtain from the Chief of Police a new photo
identification card.
3. Every employee shall conspicuously display the employee permit in an easily
accessible public place within the escort service.
5.71.090 Change of Business. Every escort service permit holder shall report immediately to the
Chief of Police any and all changes of ownership or management of the escort service including,
but not limited to changes of manager or other persons principally in charge, stock holders
holding more than ten percent of the stock of the corporation, officers, directors, and partners,
any and all changes of name, style or designation under which the business is to be conducted,
and all changes of address or telephone numbers of the escort service business. A change of
location of any premises may be approved by the Chief of Police provided that there is
compliance with all applicable regulations of the City of Huntington Beach.
5.71.100 Fees. The City Council shall establish by resolution and from time to time, amend fees
for the administration of this Chapter. Fees required by this Chapter shall be in addition to any
required under any other Chapter of this Code.
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Ord.No.3565
5.71.110 Existing Escort Services.
A. Commencing on the date of adoption of this Chapter, permits are to be issued in
accordance with the provisions of this Chapter. Existing escort services may continue in
effect until one hundred and eighty(180) days after adoption of this Chapter. Within one
hundred and eighty(180) days, existing escort services shall apply for an escort service
permit pursuant to this Chapter.
B. Persons currently employed by an escort service may remain in such employment until
one hundred and eighty(180) days from the date of adoption of this Chapter. Within one
hundred eighty(180) days, each such person shall apply for an employee permit pursuant
to this Chapter.
C. Reasonable extensions of the time period specified above shall be granted by the Chief of
Police upon a proper showing and upon a timely request therefor.
5.71.120 Transfer and Duration and Renewal of Permits.
A. All escort service permits and escort permits shall be issued for a period of twelve (12)
months and shall expire twelve (12) months from its issuance.
B. Applications for the next ensuing permit shall be filed with the Chief of Police before the
expiration of the existing permit. Such renewal applications must be filed no later than
thirty(30) days prior to the expiration of the permit to permit a lapse of the permit.
C. Each applicant for renewal shall file such information as may be required by the Chief of
Police to update the information required for his or her original permit application. The
applicant shall accompany the application for renewal with the appropriate filing fee.
D. No permit issued hereunder shall be transferable to any other person or establishment;
provided, however, an additional location or change of location of an escort service will
be allowed upon thirty(30) days' prior written notice to the Chief of Police and the
payment of the appropriate transfer fee.
5.71.125 Escort Service Change of Location or Name.
A. No escort service shall move from the location specified on its permit until a change of
location fee in the sum set by resolution of the City Council has been paid to the City of
Huntington Beach, and approval has been obtained from the Chief of Police and the •
Planning Department. Such approval shall not be given unless all requirements and
regulations, as contained in the City's codes,'have been met.
B. No permittee shall operate, conduct, manage, engage in, or carry on the business of escort
service under any name other than his name and the name of the escort service specified
on his permit.
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Ord.No.3565
C. Any application for an extension or expansion of a building or other place of business
where an escort service is located shall require inspection and shall comply with the
provisions and regulations of this Chapter and all other city ordinances including zoning
ordinances.
5.71.130 Employment of Persons Under the Age of Eighteen Prohibited. It shall be unlawful for
any owner,proprietor, manager or other person in charge of any escort service to employ any person who is not at least eighteen (18) years of age.
5.71.140 Age of Customer. It shall be unlawful for any owner, proprietor, manager or other
person in charge of any escort service to allow any person under the age of eighteen (18) years to
patronize an escort service as a customer or patron.
5.71.150 Inspection. The Police Department may, from time to time, during hours of operation,
inspect each escort service that operates within the City of Huntington Beach for the purposes of
determining that there is compliance with the provisions of this Chapter.
5.71.160 Daily Register. Every person who engages in, conducts, or carries on the operation of
an escort service shall keep a daily register, 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 the escort permits of each employee; and
B. The hours of employment of each employee for each day.
5.71.170 Permit suspension and revocation. The Chief of Police may suspend or revoke a
permit if a permittee has:
A. Knowingly made any false, misleading, or fraudulent statements in the applications; or
B. Violated any provision of this Chapter or of any statute relating to his permitted activity;
or
C. Been convicted of a felony or misdemeanor involving moral turpitude or been convicted
of a felony or misdemeanor while engaged in the practice of giving massage or the
operation of a massage establishment.
The permittee shall be provided with written notice by first-class mail, postage prepaid, of such •
suspension or revocation. The permittee may file an appeal with the City Clerk within fifteen
(15) days of the date of mailing of the notice of denial, suspension or revocation. In the event an
appeal is timely filed, the suspension or revocation shall no.t take effect until final decision has
been rendered by the City Council , unless permittee has requested a continuance, as provided
elsewhere in this Chapter. If no appeal is filed, the suspension or revocation shall become
effective upon expiration of the period for filing appeals.
12
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Ord.No.3565
5.71.180 Appeal Procedure.
A. The City Clerk shall schedule a hearing to be held within fifteen (15) days after the filing
of the notice of appeal.
•
B. Notice of the date, time and place of the hearing shall be mailed,postage prepaid, at least
ten (10) days prior thereto to the permittee at the address given in the notice of appeal, or -
if none is provided, to the address set forth in the permit application.
C. The City Council may grant or deny a continuance; may dissolve stays of pending orders
of denial, suspension or revocation or of pending orders of denial, suspension or
revocation; and may appoint outside hearing officers.
D. The City Council shall determine, after consideration of all evidence presented, whether a
permit should be issued, reinstated, suspended or revoked. The decision of the City
Council shall be final.
5.71.190 Appeal Hearing. The following rules of evidence shall apply:
•
A. Oral evidence shall be taken only under oath or affirmation. The City Council shall have
authority to administer oaths, and to receive and rule on admissibility of evidence.
B. Each party shall have the right to call and examine witnesses, to introduce exhibits, and
to cross-examine opposing witnesses who have testified under direct examination. The
City Council may call and examine any witness.
C. Technical rules relating to evidence and witnesses shall not apply to hearings provided
for herein. Any relevant evidence may be admitted if it is material and is evidence
customarily relied upon by responsible persons in the conduct of their affairs regardless
of the existence of any common law or statutory rule which might make admission of
such evidence improper over objection in civil actions. Hearsay testimony may be used
for the purpose of supplementing or explaining any evidence given in direct examination,
but shall not be sufficient in itself to support a finding unless such testimony would be
admissible over objection in civil actions. The rules of privilege shall be applicable to the
extent that they now, or are hereafter,permitted in civil actions; and irrelevant, collateral,
undue, and repetitious testimony shall be excluded.
5.71.200 Applications Barred for One Year.
•
A. Whenever any application is filed for a permit under this Chapter and said application has
been denied by the Chief of Police, or a permit issued under this Chapter has been
revoked, and no appeal has been taken to the City Council or when any appeal from such
denial or revocation has been taken to the City Council and said City Council has
concurred in the judgment or order of denial or revocation, said application for said
permit, or for a like permit for the same location or by the same applicant shall not be
13
01 ord/mc 5-71 ord/6/20/02
Ord.No.3565
heard by the Chief of Police until the expiration of one year from the date of the previous
denial or revocation of said permit or application.
B. There shall be no appeal to said City Council for failure or refusal to hear any such
application or appeal within said one year.
C. For the purposes of this section, "same applicant" shall mean a corporation having
substantially the same shareholders as a prior corporate applicant, or a partnership having
substantially the same membership as a prior partnership applicant. "Same applicant"
shall also mean any officer, director, shareholder or partner of a prior corporate or
partnership applicant.
C. When any permit is denied solely by reason of Sections 5.71.050(A)(8), 5.71.050(A)(10)
or 5.71.080(A)(7)preventing the granting of said permit, and the requirements of said
sections are subsequently satisfied, the one year prohibition against reapplication will not
apply.
5.71.210 Violation and Penalty.
A. Every person, whether acting as an individual, owner, employee of the owner, operator or •
employee of the operator, or whether acting as a mere helper for the owner, employee or
operator or whether acting and a participant or worker in any way who operates an escort
service within the City without first obtaining a permit and paying for a license to do so
from the City or violating any provision in this Chapter, shall be guilty of a misdemeanor,
punishable.by a fine of Five Hundred Dollars (S500.00) or by imprisonment in the county
jail for a period not to exceed six (6) months, or by both such fine and imprisonment.
B. Any owner, operator, manager or permittee in charge or in control of the escort service
who knowingly employs a person who is not in possession of a valid employee permit as
an employee of the escort service is guilty of a misdemeanor.
5.71.220 Unlawful Operation Declared Nuisance. Any escort 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. 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 abatement, removal or enjoinment thereof, in the manner provided by law. The
City Attorney shall take such other steps and shall apply to such court or courts as may have
jurisdiction to grant such relief as shall abate or remove such escort service and restrain and
enjoin any person from operating, conducting or maintaining an escort service contrary to the •
provisions of this Chapter.
5.71.230 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Chapter, or application thereof to any person or circumstances, is for any reason
held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or
any part thereof. The City Council hereby declares that it would have passes such section,
14
01 ord/mc 5-71 ord/6/20/02
Ord.No.3565
subsection, subdivision,paragraph, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions,paragraphs, sentences, clauses or
phrases be declared unconstitutional or invalid or ineffective.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of July 2002.
/a/4a ejiat.„,,,
ATTEST:
Mayor
City Clerk 07-M-0
APPROVED AS TO FORM:
REVIEWED AND APPROVED: /
_"-Lefty Attorney
4412.0102..
City-Administrator INITIAT AND APPRO E : •
Police Chie
15
01 ord/mc 5-71 ord/6/20/02
Ord. No. 3565
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 17th day of June,2002, and was again read to said
City Council at a regular meeting thereof held on the 1st day of July,2002, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Green, Dettloff,Boardman, Cook,Houchen, Winchell,Bauer
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach ,,
Fountain Valley Independent on dt4,fiez: (S1r�i�FtC.Irs�/
r.
,2002
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway,City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
•
ATTACHMENT #2
RESOLUTION NO. 2002-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING
RESOLUTION NO. 5159 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE"AS TO FEES APPLICABLE TO
ESCORT BUSINESSES AND ESCORT EMPLOYEES
(SUPPLEMENTAL FEE RESOLUTION NO. 86)
WHEREAS, on October 4, 1982,the City Council adopted Resolution No. 5159 establishing a fee
schedule for the city; and
The City Council desires to establish new fees and change existing fees charged to the public for city
services, facilities and activities;
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach that
Resolution No. 5159 is hereby amended to incorporate the following changes:
Escort Employee Application $125
Permit for Escort Business $500
Annual Renewal(Employee) $75
Annual Renewal(Business) $250
BE IT FURTHER RESOLVED that the fee additions and amendments set out in this Supplemental
Fee.Resolution No. 86 shall be effective thirty(30) days after adoption of Ordinance No. 3565 and continue
during the fiscal year 2001/2002 and thereafter; and
BE IT FURTHER RESOLVED that except as amended herein,the fees contained in Resolution No.
5159, as amended, shall remain in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 17th day of June ,2002.
ATTEST: /64611 �`L��itLk/
ifl , ad647- MayorCity Clerk a6•2 APPROVED AS TO FORM:
REVIEWED AND APPROVED:
City Attorney
Ci ve dministrator INI TED AND APP V D:
Police Chief
l
02reso/escortfee/6/11/02
Res. No. 2002-62
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certifythat the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 17th
day of June, 2002 by the following vote:
AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff
ABSTAIN: None
dx,fil, 0°141°7
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
• Escort Ordinance
Chapter
5 . 71
9 :01 V 01 NIT toot
V3 'HOV E�(71J�411Plf1N
Adoption of Escort Ordinance
Chapter 5 . 71
• The Huntington Beach Police Department is
requesting City Council to add Chapter 5 . 71
to the Huntington Beach. Municipal Code to
regulate "Escort Services" conducted within
the city.
Facts
• Escort services are commonly used as fronts for prostitution,
pimping, pandering and robberies.
• Adoption of chapter 5.71 will discourage illegitimate escort
services from operating in Huntington Beach by requiring city
permits.
• Chapter 5.71 will give the police department the means to
monitor the issuance of permits to the operators and escorts
within the city of Huntington Beach, by means of the permit
requirement / process.
• Chapter 5.71 allows the police department to efficiently
investigate escort related crimes by the provided permit
information or lack there of.
• Fees associated with chapter 5.71 are to reimburse for the cost
of investigations associated with the issuance of permits.
Recommendations
• Adopt chapter 5 .71 into the Huntington
Beach Municipal Code.
RCA ROUTING SHEET
INITIATING DEPARTMENT: Police
SUBJECT: Adopt Ordinance Chapter 5.71 (Escort)
COUNCIL MEETING DATE: June 17, 2002
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial)
City Administrator (Initial) ( ) ( )
City Clerk
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author: Erik Krause/Shawna Krone-Schmidt