ORDINANCE NO. 450 ORDINANCE NO. 450 ORDINANCE NO. 450

ORDINANCE NO. 450

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING BUSINESS PERMITS AND REGULATIONS RELATING TO ESCORT BUREAUS AND ESCORTS, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by amending Section 5.08.050 of Chapter 5.10 to read as follows:

“5.08.050. Sections 531 through 549, inclusive, and Sections 591 through 599, inclusive, of Article 11 of Chapter II repealed. Notwithstanding the provisions of Section 5.10.010, Sections 531 through 549, inclusive, and Sections 591, 591.1, 591.2, 591.3, 591.4, 591.5, 591.6, 591.7, 591.8, 591.9, 592, 592.1, 592.2, 593, 594, 595, 596, 597, 598, and 599 of the Licensing Ordinance are repealed.”

Section 2. Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by amending Paragraph A of Section 5.10.020 of Chapter 5.10 to read as follows:

A. No person shall commence, conduct, or purport to commence or conduct the following business activities within the boundaries of the City of Rancho Palos Verdes without possessing a valid business permit issued pursuant to this chapter:

1. Escort*;
2. Escort Bureau*;
3. Massage Establishment*;
5. Massage Technician*;
5. Peddler.

* Fingerprinting by the Los Angeles County Sheriff’s Department required

Section 3. Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Chapter 5.32 thereto to read as follows:

ESCORTS AND ESCORT BUREAUS

Sections:
5.32.010 Effect of Adult Entertainment Regulations.
5.32.020 Escort Bureau Permit required.
5.32.030 Definitions.
5.32.040 Permit granted subject to specific conditions.
5.32.050 Additional information required for application for escort bureau permit.
5.32.060 Additional criteria for issuance or denial of escort bureau permit.
5.32.070 Escort permit required.
5.32.080 Additional information required for application for escort permit.
5.32.090 Additional criteria for issuance or denial of escort permit.
5.32.100 Operating Requirements.
5.32.110 Exemptions.
5.32.120 Additional grounds for modification, revocation or suspension.

5.32.010 Effect of Adult Entertainment Regulations. Any permittee who provides or allows to be provided any services that fall within any of the categories of "adult entertainment business," as defined in Section 5.10.010, shall immediately have his or her escort bureau or escort permit revoked. No services conducted by an escort or an escort bureau will continue upon revocation of the permit.

5.32.020 Escort Bureau Permit Required. No person shall engage in conduct or carry on the business of an escort bureau without a permit issued under the provisions of Chapter 5.10 of this Code. If any of the provisions of Chapter 5.10 conflict with the provisions of this Chapter, the provisions of this Chapter shall prevail as to all matters and questions arising out of the subject matter of this Chapter.

5.32.030 Definitions. For purposes of Chapter 5.32, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

(a) "Compensation" means any fee, salary, reward, commission or any other consideration.

(b) "Director" means the Assistant City Manager or his or her designee.

(c) "Escort" means any person who, for compensation:

(1) Escorts, accompanies or consorts with other persons to, from or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the City; or

(2) Escorts, accompanies or consorts with other persons in or about any place of public or private resort or within any private quarters located or situated within the City; or

(3) Escorts, accompanies, or consorts with other persons in or about any business or commercial establishment, or part or portion thereof, located or situated within the City.

(d) "Escort bureau" means any business, agency, service or self-employed or independent escort who, for compensation, furnishes or offers to furnish escorts.

(e) "Escort bureau permit" means the permit required to operate an escort bureau.

(f) "Escort permit" means the permit required for any person who is an escort.

(g) "Permittee" means any individual who applies for and receives a permit to operate an escort bureau or to act as an escort.

5.32.040 Permit granted subject to specific conditions. A permit to conduct an escort bureau shall not be issued to or in the name of any organization, group, corporation, partnership or any other entity other than an individual.

5.26.050 Additional information required for application for escort bureau permit.
(a) In addition to the information required in Section 5.10.030B, an applicant for an escort bureau permit shall furnish the following information:

(1) The present or proposed address where the business is to be conducted;

(2) The full true name under which the business will be conducted;

(3) The full true name and any other names used by the applicant;

(4) The present residential and business address and telephone numbers of the applicant;

(5) Each residential and business address of the applicant for the five (5) year period immediately preceding the date of filing of the application and the inclusive dates of each such address;

(6) The applicant's California driver's license number or California identification number;

(7) Acceptable written proof that the applicant is at least eighteen (18) years of age;

(8) The applicant's height, weight, color of eyes and hair and date of birth;

(9) Two (2) photographs of the applicant, taken within six (6) months prior to the date of the application, that clearly show the applicant's face. Any fees for the photographs shall be paid by the applicant;

(10) The business, occupation or employment history of the applicant for the three (3) year period immediately preceding the date of the filing of the application;

(11) The permit history of the applicant for the five (5) year period immediately preceding the date of the filing of the application, including whether the applicant, in previously operating in this or any other city, county, state, or territory, has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended by the City or any federal, state or other local agency;

(12) All criminal convictions suffered by the applicant, including ordinance violations except minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor offense), stating the date, place, nature and sentence of such conviction;

(13) A definition of the service to be provided;

(14) The true names and residential addresses of all persons employed or intended to be employed as escorts;

(15) Fingerprints of the applicant in the manner prescribed by the Los Angeles County Sheriff's Department; and

(16) Such other identification and/or information as the Director may require in order to discover the truth of the matters required to be set forth in the application.

(b) The applicant or permit holder shall give written notification of any change of information required by this Section to the Director within five (5) business days after such change.

5.32.060 Additional criteria for issuance or denial of escort bureau permit. The Director shall grant the permit only if he or she finds that there is no reason to deny the permit under Section 5.10.040(b) and that all of the following requirements have been met:

(a) The fees established by a resolution adopted by the City Council have been paid;

(b) The application conforms in all respects to the provisions of this Chapter;

(c) The applicant has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving criminal misstatement or sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct; and the applicant has not knowingly permitted, through an act of omission or commission, his or her employee or agent, while so employed, to engage in any type of criminal misstatement or sexual misconduct offense, whether misdemeanor or felony; or has violated a condition of any permit to operate an escort bureau that was issued previously to the applicant; and

(d) The escort bureau is to be conducted at a suitable place, and is not calculated or intended to be operated as a subterfuge for the conduct of an unlawful business and practice.

5.32.070 Escort permit required. No person shall act as an escort without a permit issued under the provisions of Chapter 5.10. If any of the provisions of Chapter 5.10 conflict with the provisions of this Chapter, the provisions of this Chapter shall prevail as to all matters and questions arising out of the subject matter of this Chapter. A copy of such permit shall be sent to the address of the employer of the escort bureau, which must in turn also hold a valid escort bureau permit issued by the City pursuant to this Chapter.

5.32.080 Additional information required for application for escort permit.
(a) In addition to the information required in Sections 5.10.030 B and 5.32.050(a)(3) through (16), an applicant for an escort permit shall furnish the following information:

(1) Satisfactory evidence that the applicant is employed, or has been offered employment, by an escort bureau holding a valid permit issued by the City, including the name and address of the employer or prospective employer and the fact that such employment or continued employment is contingent upon the issuance of said permit;

(2) The applicant's age, date of birth and California driver's license number or California identification number;

(3) Any and all names and aliases used by the applicant;

(4) Fingerprints of the applicant in the manner prescribed by the Los Angeles County Sheriff's Department; and

(5) Such other identification and information as the Director may require in order to discover the truth of the matters required to be set forth in the application.

(b) The applicant or permit holder shall give written notification of any change of information required by this Section to the Director within five (5) business days after such change.

5.32.090 Additional criteria for issuance or denial of escort permit.
The Director shall grant the permit only if he or she finds that there is no reason to deny the permit under Section 5.10.040(B) and that all of the following requirements have been met:

(1) The applicant is at least eighteen (18) years of age;

(2) The applicant has not been convicted of or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving criminal misstatement or sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct or has violated a condition of any permit to act as an escort that was issued previously to the applicant; and

(3) The escort bureau which will employ the applicant received and holds a valid permit issued pursuant to Chapter 5.32.

5.32.100 Operating Requirements.
(a) Escort Bureau.

(1) Escort permits. An escort bureau shall not hire or employ any escort who does not obtain a escort permit from the City.

(2) Age of escorts. An escort bureau shall not employ as an escort any person under eighteen (18) years of age.

(3) Age of patrons or customers. An escort bureau shall not furnish any escort to, or accept employment from, any patron, customer or person to be escorted who is under eighteen (18) years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person upon whose behalf the escort service is engaged.

(4) Notification of personnel changes. Every escort bureau shall within 24 hours notify the Director of every change in personnel of escorts and the Director shall deliver such notification to the Los Angeles County Sheriff.

(5) Services--Sign requirements. Every escort bureau shall post in a place clearly visible to a person entering the establishment, and in lettering not less than one-quarter inch, a sign containing the following information:

(i) A description of each service available; and

(ii) The price charged for each service.

(6) Transaction records. Every person managing an escort bureau shall keep a record of every transaction showing:

(i) The name of each escort employed, furnished or arranged for;

(ii) The name, address and telephone number of the patron or customer; and

(iii) Such other information as the Director requires.

(7) Availability of transaction records. The records required by this Section 5.32.100 shall be kept available by the permittee, open to the inspection of the City and Los Angeles County Sheriff's Department personnel. The permittee shall deliver it to the City and/or the Sheriff's Department upon written request.

(8) Continuing compliance. An escort bureau must continue to comply with all the criteria for issuance of the original permit that are specified in Section 5.32.040 and in Section 5.32.060.

(b) Escort.

(1) Presentment of escort permit. Each escort permit holder shall carry his or her escort permit upon his or her person and produce the permit as required in Sections 5.10.050 B and C. Each permit holder shall immediately surrender, to the Director, any escort permit issued by the City upon the final suspension, revocation or expiration of such permit, or upon leaving employment as an escort.

(2) Continuing compliance. An escort must continue to comply with all the criteria for issuance of the original permit that are specified in this Chapter.

(3) Employment. No escort shall knowingly provide escort services for an escort bureau that does not comply with the operating requirements in Section 5.32.100.

5.32.110 Exemptions. This Chapter does not apply to the lawful business of any employment office or employment agency licensed under state law that does not conduct an escort bureau, as defined in this Chapter.

5.32.120 Additional grounds for modification, revocation or suspension. In addition to the grounds set forth in Section 5.10.090(b), a permit authorizing a person to engage in, conduct or carry on the business of an escort bureau or to act as an escort shall be revoked or suspended by the City if the permittee fails to comply with any of the provisions of this Chapter 5.32."

Section 4. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

Section 5. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this 21st day of November 2006.

 

/s/ Stefan Wolowicz
Mayor
Attest:

 

/s/ Carolynn Petru
City Clerk

State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes)

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 450 passed first reading on November 7, 2006, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on November 21, 2006, and that the same was passed and adopted by the following roll call vote:

AYES: Clark, Gardiner, Long, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
ABSTAIN: None

_________________________
City Clerk