HomeMy WebLinkAboutORD NO 2804EMERGENCY ORDINANCE NO. 2804 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAPTER 5.23 (ESCORT
BUREAUS) TO TITLE 5 (BUSINESS TAXES,
LICENSES AND REGULATIONS) OF THE BAKERSFIELD
MUNICIPAL CODE.
WHEREAS, unregulated escort bureaus have historically
been abused for the furtherance of criminal activity; and
WHEREAS, unregulated escort bureaus have often become
associated with organized crime; and
WHEREAS, unregulated escort bureaus have become especially
notorious for the perpetration of the crimes of prostitution and
pandering; and
WHEREAS, escort bureaus have operated and plan to operate
within the City of Bakersfield; and
WHEREAS, immediate regulation of escort bureaus is essential
to protect the health, peace, property and safety of escorts,
escort bureau customers and the public in general.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
Chapter 5.23
Municipal Code and
SECTION 1.
is hereby added to Title 5 of
shall read as follows:
the Bakersfield
Chapter 5.23
ESCORT BUREAUS
Sections:
5.23.010
5.23.020
5.23.030
5.23.040
5.23.050
5.23.060
5.23.070
5.23.080
5.23.090
5.23 100
5.23 110
5.23 120
5.23 130
5.23 140
5.23 150
Definitions.
Escort permit.
Escort bureau permit.
Escort bureau manager permit.
Escort bureau employee permit.
Applications for permits in general.
Application for escort permit.
Application for escort bureau permit.
Application for owner, officer, partner or
investor permit.
Application for manager or employee permit.
Application and renewal fees.
Criminal convictions.
Age requirement.
Residence.
Investigation.
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
5.23
160 Grant or denial of permit.
170 Time within which to grant or deny permit.
180 Term of permits; renewals.
190 Sale or transfer.
200 Termination of employment.
210 Permits nontransferable.
220 Business license.
230 Hours of operation.
240 Name of permittee.
250 Prohibition against other business.
260 Prohibition against allowing personnel
to operate without permits.
270 Records of personnel.
280 Records of services rendered.
290 Record inspection and maintenance.
300 Summary suspension of permit.
310 Return of permit; closure of premises.
320 Hearing - Time limitations.
330 Hearing procedure.
340 Grounds for denial, suspension or revocation
of permit.
350 Appeal to City Council.
360 Procedure on appeal - Time limitations.
370 Action by City Council.
380 Escort bureau manager.
390 Violation a misdemeanor.
400 Severability.
5.23.010 Definitions. As used in this chapter:
(a) "Escort" means any one who for a fee, salary, commission,
reward or profit accompanies, or makes oneself available to
accompany, any other person for companionship.
(b) "Escort Bureau" means any person who for a fee, salary,
reward or profit furnishes, arranges, or .offers to furnish or
arrange for a person to accompany any other person for companionship.
(c) "Employee" means any person who is 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 is compensated.
(d) "Manager" means a person designated as such by the
escort bureau and who has primary control over the actual operation
of the escort bureau, as well as primary responsibility.
(e) "Person" means any individual, partnership, corporation
or association of any nature whatsoever.
5.23.020 Escort permit. No person shall act as an escort or
offer to act as an escort unless they are carrying with them in
their immediate possession a valid written permit to act as an
escort issued pursuant to the provisions of this chapter.
5.23.030 Escort bureau permit. No person may operate as an
escort bureau unless there is displayed at each place of business
in a location clearly visible to the public a valid written
permit to so operate issued pursuant to the provisions of this
chapter.
5.23.040 Escort bureau manager permit. No escort bureau
shall operate at any place of business at any time unless a
person is present at the premises who has within his immediate
possession a valid written permit to act as a manager of that
particular escort bureau issued pursuant to the provisions of
this chapter.
5.23.050 Escort bureau employee permit. No person shall act
as an employee for any escort bureau unless that person has
within his immediate possession a valid written permit to act as
an employee of that particular escort bureau. A valid written
permit to act as an escort will satisfy the requirements of this
section.
5.23.060 Applications for permits in general. The application
for any permit issued pursuant to this chapter, unless otherwise
expressly stated, shall be filed with the Finance Department of
the City of Bakersfield on forms provided by the City, shall be
accompanied with the required fee, shall be signed by the applicant
under oath in the presence of a notary, shall be in duplicate and
shall contain or have attached to it the following:
(a) The full name, present address and telephone number of
the applicant.
(b) All other names and aliases by which the applicant has
been known.
(c) All addresses of the applicant during the five (5)
years immediately preceding the date of application.
(d) A complete employment history of the applicant for the
five (5) years immediately preceding the date of application,
which shall include a description of the applicant's duties at
each place of employment and which shall include the name, present
address and telephone number of all the applicant's employers
during that period.
(e) Written proof of the applicant's date of birth.
(f) Applicant's height, weight, color of eyes and hair.
(g) Two color portrait photographs of the applicant, at
least 3" x 5" in size.
(h) Sworn statements from at least five
residents of the City of Bakersfield that the
good moral character.
(5) bona fide
applicant is of
(i) A complete description and explanation of all convictions
of the applicant of any felony, misdemeanor or infraction of any
law of any nature, except minor traffic violations.
(j) A written authorization and release allowing and requesting
all public and private institutions, employers and any other
person having relevant information or records to disclose such to
the City for the purpose of investigating the truth of the matters
submitted in the application.
(k) The applicant's social security number.
(1) The applicant's California driver's license number, or
if the applicant has not obtained a driver's license, the number
from the applicant's official identification card issued by the
State of California.
5.23.070 Application for escort permit. An application for a
permit to act as an escort shall comply with every provision of
Section 5.23.060 of this chapter. In addition, the application
shall contain or have attached to it the following:
(a) Unless the application is attached to an application
for an escort bureau permit, written proof that an escort bureau
established and operating pursuant to the provisions of this
chapter will employ the applicant as an escort immediately upon
the issuance of the permit.
(b) A certificate from a medical doctor stating that the
applicant has, within thirty (30) days prior to the filing date
of the application, been examined by him and found to be free of
any contagious or communicable disease.
(c) The fingerprints of the applicant as taken by the
Bakersfield Police Department.
5.23.080 Application for escort bureau permit.
(a) An application for a permit to act as an escort bureau
shall comply with all of the provisions of Section 5.23.060,
unless the applicant is a corporation, partnership or other
business entity, in which case the application need not comply
with Subsections (d) through (1) of Section 5.23.060, but must
also contain or have attached the completed applications of all
owners, officers, partners and investors, as well as a certified
copy of the articles of incorporation or partnership agreement.
(b) An application for a permit to act as an escort bureau
must contain or have attached a list designating capacity of and
the completed applications of all persons who will act as employees,
escorts and managers of the escort bureau.
5.23.090 Application for owner, officer, partner or investor
permit. All applications of owners, officers, partners or investors
which must be completed in order to comply with Section 5.23.080
shall comply with every provision of Section 5.23.060, except
that in the event that sworn statements from five (5) bona fide
residents of the City cannot be obtained, sworn statements from
other residents of the State of California may be used, and if a
sufficient number of statements cannot then be obtained, sworn
statements from other citizens of the United States of America
may be substituted.
5.23.100 Application for manager or employee permit. An
application for a permit to act as an escort bureau manager or
employee shall comply with every provision of Section 5.23.060 of
this chapter. In addition, the application shall contain or have
attached to it the following:
(a) Unless the application is attached to an application
for an escort bureau permit, written proof that an escort bureau
established and operating pursuant to the provisions of this
chapter will employ the applicant, and in the case of an applicant
for manager, that the applicant will manage the escort bureau.
(b) The fingerprints of the applicant as taken by the
Bakersfield Police Department.
5.23.110 Application and renewal fees. At the time of filing
an application for a permit or for renewal thereof, the applicant
shall pay a fee in accordance with the following:
(a) For each initial escort bureau permit, the sum of Three
Hundred Dollars ($300.00), and for all other initial permits
issued pursuant to this chapter, the sum of Seventy-Five Dollars
($75.0O).
(b) For each renewal of an escort bureau permit, the sum of
Two Hundred Dollars ($200.00), and for each renewal of all other
permits issued pursuant to this chapter, the sum of Fifty Dollars
($50.0O).
(c)
(10%) of
If any owner or investor owns less than Ten percent
the applicant escort bureau, and proof thereof satisfactory
to the City Manager is supplied, the application fee or renewal
fee shall be waived as to that owner or investor.
(d) If an applicant has applied for two (2) or more permits
to be issued to himself personally, he need only pay one (1) fee,
which shall be the largest of the fees required.
5.23.120 Criminal convictions. Under no circumstances shall
any permit be issued pursuant to this chapter to anyone who has
been convicted of any felony or any misdemeanor involving theft,
robbery, burglary, embezzlement, fraud, controlled substances,
prostitution, pandering, gambling, extortion or any other criminal
activity in which an escort bureau or related business could be
used to provide a means, a front or an increased opportunity for
commission of such crimes; except that (1) if the applicant has
been so convicted and, excluding time served in a prison, jail
facility or other correctional institution, no such conviction
has occurred for at least five (5) years prior to the date of
application and (2) sufficient evidence is presented that the
applicant is presently of good moral character, a permit may be
issued.
5.23.130 Age requirement. No permit shall be issued pursuant
to any provision of this chapter to any person under twenty-one
(21) years of age.
5.23.140 Residence. No person shall act, or be issued a
permit to act as an escort, escort bureau manager, escort bureau
or employee unless that person is a bona fide resident of the
City of Bakersfield or the area within ten (10) miles of the City
of Bakersfield.
5.23.150 Investigation. The Finance Department of the City
of Bakersfield shall refer all applications for a permit or
renewals of a permit to the Police Chief. The Police Chief shall
investigate the truth and completeness of all facts referred to
in the applications and shall ascertain whether or not the applicant
and all persons directly or indirectly interested in the permit
or the proposed business are reputed to be persons of good moral
character. He shall ascertain whether or not any such persons
have been convicted of a felony or any crime described in Section
5.23.120, or whether such person shall have had a license or
permit for a similar business or a liquor license suspended,
canceled or revoked. The Police Chief shall make a report of his
the City Manager, together with his recommendations,
findings to
if any.
5.23.160
Grant or denial of permit. Under no circumstances
shall a permit be issued to any person who fails to meet and
comply with all of the requirements of this chapter or who is not
of good moral character.
5.23.170 Time within which to grant or deny permit. Within
forty-five (45) days after the filing of an application for a
license, the City Manager shall review the application, together
with the report and recommendation of the Police Chief and shall
grant said permit or notify the applicant that he proposes to
deny the permit. Said notice shall be in writing and sent by
mail to the applicant's mailing address set forth in the application.
In the event of denial, the applicant may appeal in accordance
with the provisions of Section 5.23.320(a) of this code. For the
purpose of permitting the applicant to correct minor defects,
upon request of the applicant and upon the applicant's assurance
that the defects will be corrected, the City Manager may extend
the time within which the City Manager is required to act on the
permit application for a period not to exceed thirty (30) days.
5.23.180 Term of permits; renewals. Unless otherwise terminated,
voided, revoked or suspended, the permit shall expire on that
date set forth as the expiration date on the permittee's business
tax certificate issued pursuant to Chapter 5.02 of this Code.
The permit may be renewed annually upon application accompanied
by the renewal fee. Applications for renewal shall be subject to
all provisions of this chapter governing initial application.
5.23.190 Sale or transfer. Upon the sale or transfer of any
interest in an escort bureau, the permit and license shall be
null and void unless or until the new owner has applied for and
received a permit from the City.
5.23.200 Termination of employment. Upon termination of
employment of any escort, employee or manager, the escort bureau
shall immediately notify the City. The permit of the escort,
employee or manager is null and void
and must be returned and surrendered
immediately thereafter.
5.23.210 Permits nontransferable.
are nontransferable;
immediately upon such termination
to the Chief of Police
All permits issued hereunder
however, a change of location of a place of
business may be permitted provided all ordinances and regulations
of the City of Bakersfield are complied with and provided a
change-of-location fee of Fifty Dollars ($50.00) is paid to the
City of Bakersfield.
5.23.220 Business license. Nothing herein shall constitute a
waiver of the requirements of Chapter 5.02 of this Code requiring
issuance and possession of a business license.
5.23.230 Hours of operation.
(a) No escort bureau shall be open for business or conduct
any business activity between the hours of 8:00 p.m. and 7:00
a.m. of the following morning.
(b) No person shall act as an escort between the hours of
11:00 p.m. and 6:00 a.m. of the following morning.
5.23.240 Name of permittee. 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.
5.23.250 Prohibition against other business. 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.
5.23.260 Prohibition against allowing personnel to operate
without permits. No 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 has failed to otain
and maintain in their possession a permit required pursuant to
the provisions of this chapter.
5.23.270 Records of personnel.
(a) Each escort bureau shall maintain a current list of all
owners, investors, officers and partners, together with the date
their permit was issued and the date their permit shall expire.
(b) Each escort bureau shall maintain a current list of all
its managers, escorts and employees and shall maintain a separate
file for each, which shall contain the legal name, all aliases,
age, bithdate, height, weight, color of hair, color of eyes, home
address, phone number, social security number, dates permits
issued, hours and dates worked, date of initial employment and
date of termination of employment of each person.
5.23.280 Records of services rendered. 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.
5.23.290 Record inspection and maintenance. All records kept
pursuant to this chapter shall be open to inspection by the City
Manager, the Bakersfield Police Department and other law enforcement
agencies. The records shall be maintained for a period of three
(3) years.
5.23.300 Summary suspension of permit. Any permit issued
pursuant to this chapter may be summarily and temporarily suspended
by the Chief of Police in the event he determines that any of the
grounds set forth in Section 5.23.340 exist. Such suspension
shall be accomplished by posting a notice thereof on the premises
of the escort bureau and by mailing notice to the home or business
address of all individuals named on the permit. Within twenty-
four (24) hours thereafter, a copy of such notice, together with
the reasons for the suspension, shall be transmitted to the City
Manager. The City Manager shall, within five (5) days after the
suspension, set the matter for hearing pursuant to the procedures
set forth in Sections 5.23.320 through 5.23.340 of this Code.
5.23.310 Return of permit; closure of premises. Upon revocation
or suspension, a permit shall be returned to the Finance Department
of the City of Bakersfield for cancellation or holding pending
the period of suspension. The City Manager or Chief of Police
10.
may direct or cause the premises of the escort bureau to be
closed and locked against use by the public when deemed reasonably
necessary in order to insure compliance with an order of suspension
or revocation. Said closure of the premises may be terminated
upon request of the owner of the premises, if adequate assurance
is given that the premises will not be used as an escort bureau
in violation of the order.
5.23.320 Hearing - Time limitations. The City Manager, or
his delegate, shall cause a hearing to be held in the event of
the following:
(a) The appeal of an applicant froin a decision to deny the
granting of a permit or the renewal thereof. Said appeal must be
filed in writing with the City Manager within thirty (30) days
following the date of the denial.
(b) The summary suspension of a permit pursuant to Section
5.23.300 of this Code.
5.23.330 Hearing procedure. The City Manager shall fix the
time and place of the hearing. The hearing shall be held within
fifteen (15) days following the filing of an appeal or the issuance
of a notice of suspension. The applicant shall be given notice
of such hearing date at least ten (10) days prior to the hearing.
date. The notice may be by personal service or by mail.
At the time and place fixed in the notice, or at any
time to which the matter may be continued, the City Manager
or his delegate shall hear the applicant and his witnesses
together with any rebuttal evidence which may be offered on
behalf of the City, and shall receive any proper documentary
evidence offered in support of or against the granting or
continuation of the permit.
If from the evidence introduced at the
Manager finds grounds exist for the denial,
revocation of
the permit as
hearing the City
suspension or
set forth in Section 5.23.340, he
11.
shall deny the permit application or order the suspension or
revocation thereof. If, following the hearing, the City
Manager determines that no proper grounds exist for denial of
the permit, then the City Manager shall grant the appeal and
cause a license to be issued or terminate any prior suspension.
The City Manager shall notify the applicant or permit holder
of his decision within ten (10) days following the close of
the hearing.
5.23.340 Grounds for denial, suspension or revocation of permit.
The City Manager shall deny, suspend or revoke a permit upon
a finding that the applicant or permittee is not of good
moral character. The City Manager may deny, suspend or
revoke any permit upon a finding that the permittee has
violated or encouraged or allowed the violation by an employee
of any of the permit requirements or other provisions of this
chapter or of any law of the State of California involving
theft, robbery, burglary, embezzlement, fraud, controlled
substances, prostitution, pandering, gambling, extortion or
any other criminal activity in which an escort bureau or
related business could be used to provide a means, a front or
an increased opportunity for commission of such crimes.
5.23.350 Appeal to City Council. An appeal may be taken
to the City Council of the City of Bakersfield by any person
aggrieved by an order of the City Manager concerning the
denial, suspension or revocation of a permit. The right of
appeal is subject to the conditions and procedures set forth
in Sections 5.23.360 through 5.23.380 of this Code.
5.23.360 Procedure on appeal - Time limitations. An
appeal to the City Council shall be made by filing a petition
in triplicate with the City Clerk not later than ten (10)
days after the mailing of the decision of the City Manager.
The petition shall set forth the grounds of appeal and the
12.
reasons why such appeal should be granted. Upon receipt of
the petition, the City Clerk shall immediately forward a copy
to the City Manager.
(a) Upon receipt of the petition, the matter shall be
set for hearing. The hearing shall be held by the City
Council not later than twenty (20) days after the filing of
the petition, but, if no regularly scheduled meeting will be
held within such period, then the hearing shall be scheduled
for the next regularly scheduled City Council meeting.
(b) The appellant shall be given notice of a time and
place for the hearing, in person or
ten (10) days prior to the hearing.
5.23.370 Action by City Council.
by mail, not less than
In considering and
ruling upon the appeal of the petitioner, the City Council
shall judge the merits of the appeal based upon those grounds
set forth in Section 5.23.340.
The City Council may reverse or affirm wholly or partially
or may modify any decision, determination or requirement of
the City Manager and may make such decisions or determinations
or impose such conditions as the facts warrant, and may order
that a permit be granted, suspended or revoked in accordance
with their ruling. The decisions of the City Council shall be
final. Any hearing may be continued from time to time.
5.23.380 Escort bureau manager. For the purposes of this
chapter, all actions and knowledge of
escort bureau is deemed to be that of
employs him.
5.23.390 Violation a misdemeanor.
the manager of an
the escort bureau
that
Every person who acts
nor more
sentenced
as an escort, escort bureau or for and in behalf of any
escort bureau in violation of any provision of this chapter,
shall be guilty of a misdemeanor and for each offense shall
be fined not less than One Hundred Dollars ($100.00)
than Five Hundred Dollars ($500.00) and may also be
to serve no more than six (6) months in jail.
13.
5.23.400 Severability. If any provision of this chapter, or
the application of any such provision to any person or circumstances,
shall be held invalid, the remainder of this chapter to the
extent it can be given effect, or the application of such provision
to persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby, and to this end the
provisions of this chapter are severable.
SECTION 2.
This Emergency Ordinance shall become effective immediately
and is necessary for the immediate preservation of the public
health, peace, property and safety.
......... 000 .........
14.
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 the 2nd day of February , 1983, by
the following vote:
CITY CLERK arfd Ex ~fficio Clerk of the
Council of the City of Bakersfield
1983
APPROVED as to form:
Ci Y~AT'TCR~/N ~o th~~y of Bakersfield
CTS:kda:mro
1-24-83
15.
Aff av t of Iosttng (Ordinances
STATE OF CALIFORNIA, 1
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
February 9, 83
that orr ...............................................................................................................................,19 ............he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .........~..~...b....r...u_.a....r..y.......~.~. ................................................19_...~...3., which ordinance
was numbere~ ..............~..8_~.~ ..................New Series, and entitled:
An Emergency Ordinance of the Council of the
City of Bakersfield adding Chapter 5.23 (Escort
Bureaus) to Title 5 (Business Taxes, Licenses
and Regulations) of the Bakersfield ;4unicipal
Code.
Cit y~C erk
Subscribed and sworn to before me this
9th ~v ~f February 1~ 83