HomeMy WebLinkAboutORD NO 3828ORDINANCE NO..~ ~ 2 8
AN ORDINANCE AMENDING CHAPTER 5.23
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ESCORTS AND ESCORT
BUREAUS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.23 of the Bakersfield Municipal Code is hereby amended to read as
follows:
ESCORTS AND ESCORT BUREAUS
Sections:
5.23.010
5.23.020
5.23.030
5.23.040
5.23.050
5.23.060
Definitions.
Permit required.
Application - Issuance - Fee.
Regulations.
Revocation.
Appeal.
5.23.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the
context, the words set out in this section shall have the following meanings:
A. "Employee" means any person employed by an escort bureau or who acts
as an agent on behalf of an escort bureau by contacting or meeting escort patrons,
regardless of whether or not said person is employed by the escort bureau and regardless
of the manner in which he or she is compensated.
B. "Escort" means any person who, for a fee, salary, reward or profit
accompanies, or makes himself or herself available to accompany, any other person for
companionship.
C. "Escort bureau" means any person who, for a fee, salary, commission,
reward or profit furnishes, arranges, or offers to furnish or arrange for a person to
accompany any other person for companionship.
D. "Manager" means a person designated as such by the escort bureau and
who has primary control over and responsibility for the actual operation of the escort
bureau.
ORIGINAL
E. "Person" means any individual, partnership, corporation or association of any
nature whatsoever.
5.23.020 Permit required.
It is unlawful for any person to keep, maintain, or operate an escort bureau, be an
employee of an escort bureau, or act as an escort in the city in violation of this chapter, or
without having a valid permit therefor in accordance with the provisions of this chapter.
5.23.030 Application - Issuance - Fee.
A Applications for permits under this section shall be made on forms to be
furnished by the city manager or designee, shall be submitted no less than thirty days prior
to commencement of business, shall be signed under penalty of perjury by the applicant
and shall require the following information:
1. The name, mailing address, title, telephone number, previously used names,
previous addresses for the past five years, employment history for the past five years, date
of birth, sex, height, weight, eye color, hair color, driver's license number, social security
number, and arrest record, if any, of the applicant and, if the application is for an escort
bureau permit, of all persons with any financial interest in the business; and
2. The name, mailing address and location of the business;
3. The business tax certificate number of the business;
4. Prior permits held and whether such permits were ever revoked or
suspended, and the reasons therefor.
B. All applicants for a permit pursuant to this chapter shall be required to be
fingerprinted by the Bakersfield police department.
C. The city manager or his designee shall, in his or her discretion, issue a
permit if he or she finds that:
1. The application is complete and truthful;
2. The applicant has not been convicted of a crime substantially related to the
qualifications, functions or duties of the business for which application is made, including,
but not limited to, theft, robbery, embezzlement, fraud, possession and/or sale of controlled
substances, prostitution, pandering, gambling and extortion, unless a certificate of
rehabilitation has been obtained;
3. Neither the applicant nor any person having a financial interest in the
business has done any act involving dishonesty, fraud or deceit with the intent to
substantially benefit himself or another, or substantially injure another;
The building and the business for which the application is made will be
maintained and conducted in accordance with all laws of the city and the state, including,
but not limited to health, structural soundness, fire safety and zoning;
5. A valid business tax certificate has been issued for this business;
6. The applicant is eighteen years of age or older;
7. A permit, issued to the applicant pursuant to this section, has not been
revoked, unless the city manager or designee finds that the reasons for such revocation
are unrelated to this application.
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ORIGINAL
D. All permits issued under this chapter shall remain in effect until suspended
or revoked.
E. The applicant shall pay a fee not to exceed the cost of processing any such
application and inspecting such business as set forth in Chapter 3.70.
F. Permits may be issued with conditions to ensure that the business will be
operated in a safe and legal manner, will not disturb the peace and quiet of the
neighborhood and will not constitute an undue burden on city resources.
5.23.040 Regulations.
A. All permits issued pursuant to this chapter shall be non-transferrable,
applicable only to the original applicant and the original location,
B. No escort bureau shall be open for business or conduct any business activity
between the hours of eight p.m. and seven a.m. of the following morning, nor shall any
person act as an escort between the hours of eleven p.m. and six a.m. of the following
morning.
C. No person licensed to do business as provided in this chapter shall operate
under any name or conduct his business under any designation not specified in his permit.
D. No person shall sell or serve food or beverage or conduct any business other
than that of an escort bureau on the premises of the escort bureau.
E. No escort or escort bureau shall employ, pay any salary or commission to,
or allow any ownership interest or powers of control to exist on behalf of any person who
does not have a valid permit pursuant to the provisions of this chapter.
F. Each escort bureau shall have on its premises a current list of all owners,
investors, officers, partners, escorts and employees.
G. Each escort bureau shall keep a complete record of all services rendered,
including the date and hours the services were rendered, the name of all escorts and
employees involved in providing the service, the name of the manager on duty and the
name, address and telephone number of the patron.
H. All records kept pursuant to this chapter shall be open to inspection by the
city manager or his designee, the Bakersfield police department and other law
enforcement agencies. The records shall be maintained for a period of no less than three
years.
I. No escort bureau shall operate at any time unless there is displayed in a
location clearly visible to the public a valid permit, issued pursuant to the provisions of this
chapter, to so operate.
J. No person shall act as an escort or as an employee for any escort bureau
unless that person has within his or her immediate possession a valid permit to act as an
escort or employee of that particular escort bureau, issued pursuant to the provisions of
this chapter.
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ORIGINAL
5.23.050 Revocation.
Any permit issued pursuant to this chapter shall be immediately revoked by the city
manager or designee whenever he or she finds:
A. That misrepresentations were made on the application; or
B. That the permittee has been convicted of a crime substantially related to the
qualifications, functions or duties of the business for which the permit is issued, including,
but not limited to, theft, robbery, embezzlement, fraud, possession and/or sale of controlled
substances, prostitution, pandering, gambling and extortion, unless he a certificate of
rehabilitation has been obtained; or
C. That the permittee has done any act involving dishonesty, fraud or deceit with
the intent to substantially benefit himself or another, or substantially injure another; or
D. That any of the terms or conditions of said permit have been violated, or that
the business has been operated in violation of local, state or federal law.
5.23.060 Appeal.
A. Should any applicant or permittee be dissatisfied with the decision of the city
manager or designee not to grant a permit or revoking a permit, then said applicant or
permittee may, no later than ten days after notice of such decision is deposited in the
United States mail, addressed to the applicant or permittee at the address provided on the
application, make written objection to the city council setting forth the grounds for
dissatisfaction, whereupon the council shall hear said objections at a regular meeting no
later than three weeks following the filing of the objection with the city clerk. The applicant
or permittee shall be given written notice no less than three days prior to said hearing.
The council may, upon said hearing, sustain, suspend or overrule the decision of the city
manager or designee, which decision shall be final and conclusive.
B. Pending the hearing before the council, the decision of the city manager or
designee shall remain in full force and effect and any reversal thereof by the city council
shall not be retroactive but shall take effect as of the date of the council's decision.
SECTION 2.
This Ordinance shall be posted in accordance with provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after the
date of its passage.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on ¥~,R ~ 5 ~J8
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED: MAR 2 $1998
AYbR
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CITYATTORNEY
By:
ASSISTANT CITY ATTORNEY
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on the 30th day of March ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3828 _, passed by the
Bakersfield City Council at a meeting held on the 25th day of March. 1998, and
entitled:
AN ORDINANCE AMENDING CHAPTER 5.23 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO ESCORTS
AND ESCORT BUREAUS.
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCU MENT~AOPOSTING
March 27, 1998