ORD-14-84 URGENCY MEASURE REGULATING THE OPERATIONS OF ESCORT BUREAUSORDINANCE NO. 14-
84 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTED AS AN
URGENCY MEASURE AMENDING CHAPTER 5.44 OF
THE ORANGE MUNICIPAL CODE BY REVISING
SAID CHAPTER CONSISTING OF SECTIONS 5.44.
010 THROUGH 5.44.090, INCLUSIVE,
REGULATING THE OPERATIONS OF ESCORT
BUREAUS.THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:That Chapter 5.44 of the Orange Municipal Code is hereby
amended by completely revising Sections 5.44.010 through 5.44.090,
in-clusive, which chapter is hereby amended as
follows:
Sections:5.44.
010 5.44.
020 5.44.
030 5.44.
040 5.44.
050 5.44.
060 5.44.
070 5.44.
080 5.44.
090 5.44.
100 5.44.
110 5.44.
120 5.44.
130 5.44.
140 5.44.
150 5.44.
160 5.44.
170 5.44.
180 5.44.
190 5.44.
200 Chapter 5.
44 ESCORT BUREAU, INTRODUCTORY SERVICES AND
ESCORTS Escort Bureau and Introductory services;
purpose and
Intent
Definitions Escort Bureau and Introductory Service, Permit
Required Permit
Term Permit
Renewal
Exception Application For Escort Bureau or Introductory
Service Permit; Contents; Renewals; Required
Fees Employment and Activities of
Escorts Escorts, Permit
Required Term of
Permit Employee Permit
Renewal Permit Identification
Card Escort Permit; Renewal
Application Prohibited
Activities Sale of
Transfer Change of Location or
Name Prohibited
Conduct Suspension or Revocation of a
Permit Conducting as a
Nuisance Applicability of Regulations to existing
Business 5.44.010 Escort Bureau and Introductory Services; Purpose
and Intent. It is the purpose and intent of the City Council of
the City of Orange by the adoption of this Chapter that the
operation of an escort bureau or introductory service, as defined in
this Chapter, should be regulated for the protection of the public
from the perils of fire, hazard to health, and for the preservation
of the peace and welfare of the
community.
Jl
5.44.020 Definitions. A. ESCORT means any person who, for
pecuniary 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 of Orange.
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 of Orange.
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 of Orange.
B. ESCORT BUREAU means any business, agency, or selfemployed
or independent escort who, for pecuniary compensation, furnishes
or offers to furnish escorts.
C. INTRODUCTORY SERVICE means a service offered or performed
by any person for pecuniary compensation, the principal purpose of
which is to aid persons to become socially acquainted or to
otherwise assist persons to meet for social purposes, or which
service is generally known or should be known by offering or
performing party to be used by the recipients thereof for the
purpose of obtaining information about other persons to be used
for social purposes.
D. PECUMIARY COMPENSATION
gratuity, hire, profit, reward,
eration.
E. PERSON means any natural person, firm, partnership,
corporation, or association.
F. PROFIT INTEREST means any interest or share in the
present or prospective profit of an escort bureau or introductory
service.
means any commission, fee,
or any other form of consid-
5.44.030 Escort Bureau and Introductory Service, Permit
Required. It shall be unlawful for any person to engage in,
conduct or carry on in or upon any premises or real property
located or situated within the City of Orange, the activities of
an escort bureau or introductory service, unless there has been
granted to such person a valid permit, pursuant to the provisions
of this chapter. A separate permit shall be required for each
location within the City of Orange at which an escort bureau or
introductory service is to be established.
5.44.040
Introductory
shall be for
Permit Term.
Service Permit,
a period of one
The term of an Escort Bureau or
unless sooner suspended or revoked,
l) year.
5.44.050 Permit Renewal. An Escort Bureau or Introductory
Service Permit, issued pursuant to the provisions of this Chapter,
which has not been suspended or revoked, may be renewed for a
period of not to exceed one (l) year on written application to the
Business Services Coordinator made at least thirty (30) days prior
to the expiration date of the current valid permit. The appli-
cation for renewal of a permit shall contain all of the informa-
tion required by Section 5.44.070 of this Chapter and shall be
processed in accordance with the provisions of this Chapter.
ORD 14-84 2 -T
5.44.060 Exception. The requirements of this chapter shall
have no application and no effect upon and shall not be construed
as applying to a person in the lawful business of an employment
agency licensed under the laws of the State of California.
5.44.070 Application for Escort Bureau or Introductory
Service Permit; Contents; Renewals; Required Fees. A. Any person
desiring to obtain a permit, or renew an existing permit, to
operate an escort bureau or an introductory service, shall make
application to the Business Services Coordinator who shall refer
all such applications to the Chief of Police or his designated
representative for an investigation. Prior to submitting such
application for a permit, renewal of a permit, or a pOlice investi-
gation a non-refundable fee, as established by the City
Council,shall be
paid.B. Nei ther the filing of an application for a permit
or renewal thereof, nor payment of an application or renewal
fee,shall authorize the conducting of an escort bureau or
introductory service until such permit has been granted or
renewed.c. Each applicant for an Escort Bureau or
Introductory Service Permit, or renewal thereof, 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 residence and business addresses
and telephone numbers of the
applicant;5. Each residence and business address of the
applicant for the five (5) year period immediately proceeding the
date of filing of the application and the inclusive date of each
such
address;6. California driver's license or
identification number and social security number of the
applicant;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. 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;10. The permit history of the applicant, for the
five 5) year period immediately preceding the date of the filing
of the application, including whether such 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, and the reason or
reasons
therefor;11. All criminal convictions suffered by the
applicant,including ordinance violations, but excepting minor
traffic offenses (any traffic offense designated as a felony shall not
be construed as a minor traffic offense), stating the date,
place,nature and sentence of each such
conviction;3 -ORD 14-84
1L__.__._._
12. If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its Articles of
Incorporation or Charter, together with the state and date of
incoproration, and the names, residence addresses, and dates of
birth of each stockholder holding more than five (5) percent of
the stock in the corporation. If the applicant is a partnership,
the applicant shall set forth the names, residence addresses and
detes of birth of each of the partners, including limited partners
and profit interest holders. If the applicant is a limited
partnership, the applicant shall furnish a copy of the certi-
ficate of limited partnership is 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. The
corporation or partnership applicant shall designate one of its
officers or general partners to act as its responsible managing
officer. Such designated person shall complete and sign all
application forms required of an individual applicant under this
Chapter, but only one application fee shall be charged;
13. In the event the applicant is not the owner of record of
the real property upon which the escort bureau or introductory
service is or is to be located, the application must be accom-
panied by a notorized statement from the owner of record of the
property acknowledging that an escort bureau or introductory
service is or will be located on the property. In addition to
furnishing such notorized statement, the applicant shall furnish
the name and address of the owner of record of the property, as
well as a copy of the lease or rental agreement pertaining to the
premises in which the escort bureau or introductory service is or
will be located;
14. A definition of the service to be provided;
15. The true names and residential addresses of all persons
employed or intended to be employed as escorts;
16. Such other identification and/or information as the Chief
of Police may require in order to discover the truth of the matters
required to be set forth in the application.
D. The applicant, if a natural person, or a designated
responsible managing officer, if the applicant is a partnership
or corporation, shall personally appear at the Police Department
of the City of Orange and produce proof that the required application
or renewal fee has been paid and shall present the application
containing the information and supporting documentation required
by subsection C of this Section 5.44.070.
E. The Chief of Police may require the applicant, if a
natural person, or the designated responsible managing officer,
if the applicant is a partnership or corporation, to appear in
person at the Police Department in order to be photographed and
fingerprinted.
F. When any change occurs regarding the written information
required by subsection C of this Section 5.44.070 to be included
in the application, the applicant or permit holder, as the case
may be, shall give written notification of such change to the
Chief of Police within twenty-four hours after such
change.G. The Chief of Police shall have a reasonable period
of time in which to investigate the application and background
of the applicant. The Chief of Police, or his representative
shall,within sixty (60) days after the date of the filing of the
application ORD 14-84 4 -
1
which complies with this Chapter, render a written recommendation
to the Business Services Coordinator as to approval or denial of
the application for the permit or renewal thereof.
H. The Business Services Coordinator, within thirty (30)
days after receiving the application and aforementioned recommen-
dation from the Chief of Police, shall grant the permit, or renewal
thereof, only if he finds that all of the following requirements
have been met:
1. The required fees have been paid;
2. The application conforms in all respects to the provisions
of this Chapter;
3. The applicant has not knowingly made a material misrepre-
sentation of fact in the application;
4. The applicant has fully cooperated in the investigation
of the application;
5. The applicant if an individual; or any of the directors,
officers or stockholders holding more than five (5) percent of the
stock of the corporation; or any of the partners, including
limited partners, the holder of any lien of any nature or profit
interest holder, manager or other person principally in charge of
the operation of the existing or proposed escort bureau or intro-
ductory service, or a natural person employed or contracted with
to be an escort or to provide escort services; has not been
convicted or plead nolo contendere or guilty to a misdemeanor or
felony crime of moral turpitude or a misdemeanor or felony crime
involving sexual misconduct including, but not limited to, all
offenses listed in Penal Code Section 290, Sections 311.2 through
311. 7, Sections 314 through 318, and subsections {a}, {b}, {c},
d), or (h) of Section 647 of said Code, or any offenses involving
pimping, pandering, prostitution or lewd conduct; or has per-
mitted, through an act of omission or commission, his or her
employee or agent to engage in any type of moral turpitude or
sexual misconduct offense, whether misdemeanor or felony. (Under
such circumstances, the conduct of the employee or agent, if such
resulted in a conviction or a plea of nolo contendere or guilty,
will be considered imputed to the principal and shall be grounds
for permit denial.);
6. The applicant has not had an Escort Bureau, Introductory
Service or Escort Permit or other similar license or permit denied
or suspended or revoked for cause by the City of Orange or any
other city or county located in or out of this state within the
five (5) year period immediately preceding the date of the filing
of the application;
7. The escort bureau or introductory service, as proposed by
the applicant, would comply with all applicable City of Orange,
County and State laws, including but not limited to health,
zoning, fire and safety requirements and standards;
8. The applicant, manager or other person principally in
charge of the operation of the business shall be at least eighteen
18) years of age.
I. If the Business Services Coordinator does not find that
all of the requirements set forth in subsection H, 1 through 8, of
this Section 5.44.070 have been met, he shall deny application for
the permit or renewal thereof. In the event the application for
the permit or renewal thereof is denied by the Business Services
Coordinator, written notice of such denial shall be given to the
5 -ORD 14-84 T
li.~_______.____~______ _~--applicant
together with the reasons therefor. Notice of denial of the
application for the permit, or renewal thereof, shall be deemed
to have been served if it in fact is personally served on the
applicant or when deposited in the United States mail with postage
prepaid and addressed to the applicant at the residence address
set forth in the application for the permit or renewal thereof.
Any applicant whose application for an Escort Bureau or Introductory
Service Permit, or renewal thereof, has been denied by
the Business Services Coordinator may appeal in writing to the City
Manager within ten (10) days after the mailing of written notice
of denial by the Business Services Coordinator.5.
44.080 Employment and Activities of Escorts. A. No holder of an
Escort Bureau or Introductory Service Permit shall employ as an escort
any person under eighteen (18) years of age.B.
No holder of an Escort Bureau or Introductory Service permi
t shall furnish any escort or introductory service 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 a parent, guardian or other person in
lawful custody of the person upon whose behalf the escort or introductory
service is engaged.5.
44.090 Escorts, Permit Required. It shall be unlawful for
any person to act as an escort unless there has been granted to
such person a valid permit, pursuant to the provisions of this Chapter.
Such permit shall be issued to the address of the employer
of the escort, who must in turn also hold a valid Escort Bureau
or Introductory Service Permit issued by the City of Orange pursuant
to the provisions of this Chapter.5.
44.100 unless
sooner l)
year.Term
of Permit. The suspended
or revoked,term
of an Escort Permit,shall
be for a period of one 5.
44.110 Employee Permit Renewal. An Escort Permit, issued pursuant
to the provisions of this Chapter, which has not been suspended
or revoked, may be renewed for a period of one (l) year on
written application to the Business Services Coordinator made at
least thirty (30) days prior to the expiration date of the current
valid permit. The application for renewal of a permit shall
contain all of the information required in Section 5.44.130 of
this Chapter, and shall be processed in accordance with the provisions
of this Chapter.5.
44.120 Permit Identification Card. Each Escort Permit holder
shall be issued an identification card which will be issued by
the Chief of Police or his designee, will also serve as an Escort
Permit. The permit holder shall carry such card in a visible
position upon his or her person when acting as an escort and
produce the same for inspection upon request. Each permit holder
shall immediately surrender, to the Chief of Police, any Escort
Permit issued by the City of Orange upon the suspension,revocation,
or expiration of such permit, or upon leaving employ-ment
as an escort.ORD
14-84 6 -
5.44.130 Escort Permit; Renewal Application. A. Any person
desiring to obtain a permit, or renewal of an existing permit, to
act as an escort, shall make application to the Business Services
Coordinator. Prior to submitting such applications for a permit
or renewal of a permit, a non-refundable fee, as established
by the City Council, shall be
paid.B. Neither the filing of an application for a permit,
or renewal thereof, nor the payment of an application or renewal
fee,shall authorize a person to act as an escort until such permit
has been granted or
renewed.c. Each applicant for an Escort Permit, or renewal
thereof,shall furnish the information required by subsections C(l)
through 12) of Section 5.44.070 of this Chapter and shall, in
addition,furnish the following
information:1. A certificate from a medical doctor licensed to
practice in the State of California, stating that the applicant has
within thirty (30) days immediately preceding the date of the
application been examined and found to be free of any contagious or
communi-cable
disease;2. Satisfactory evidence that the applicant is employed,
or has been offered employment, by an escort bureau or
introductory service holding a valid permit issued by the City of
Orange,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;3. Such other identification and information as the Chief
of Police may require in order to discover the truth of the
matters required to be set forth in the
application.D. The Chief of Police may require the applicant to
appear in person at the Police Department in order to be photographed
and
fingerprinted.E. The Chief of Police shall have a reasonable period
of time in which 'to investigate 'the application and background of
the applicant. The Chief of Police, or his representative,
shall,within sixty (60) days after the date of the filing of
the application which complies with this Chapter, render a
written recommendation to the Business Services Coordinator as to
approval or denial of the application for the permit or renewal
thereof.F. The Business Services Coordinator, wi thin thirty (
30)days after receiving the application and aforementioned
recommenda-tion, from the Chief of Police, shall grant the permit, or
renewal thereof, only if he finds that all of the requirements of
sub-sections H, (I) through (4) of Section 5.44.070 of this
Chapter have been met, and, in addition, if he finds that the
following additional requirements have been
met:1. The applicant has furnished an acceptable
medical certificate in compliance with Section 5.44.130 subsection C(
l);2. The applicant has not had an Escort Bureau,
Introductory Service or Escort Permit or other similar license or permit
denied or suspended or revoked for cause by the City of Orange or
any other city or county located in or out of this state within
the five (5) years immediately preceding the date of the filing of
the
application;3. The applicant is at least eighteen (18) years of
age;4. The applicant has not been convicted or plead
nolo contendere or guilty to a misdemeanor or felony crime of
moral 7 -ORD 14-84
u._~____
turpitude or a misdemeanor or felony crime involving sexual
misconduct includlng, but not limited to, all offenses listed in
Penal Code Section 290, Sections 311.2 through 311.7, Sectons 314
through 318, and subsections (a), (b), (c), (d), or (h) of ection
647 of said Code, or any offenses involving pimping, pandering,
prostitution or lewd conduct.
G. If the Business Services Coordinator does not find that
all of the requirements set forth in subsection F of this Section
5.44.130 have been met, he shall deny the application for the
permit, or renewal thereof, if denied by the Business Services
Coordinator, written notice of such denial shall be given to the
applicant together with the reasons therefor. Notice of denial
of the application for the' permi t, or renewal thereof shall be
deeniedt'o h<ivebeen served 'if it in fact is personally server on
the applicant or when deposited in the United States mail with
postage prepaid and addressed to the applicant at his or her
residence address as set forth in the application for the permit
or renewal thereof. Any applicant whose application for an Escort
Permit, or renewal thereof, has been denied by the Business
Services Coordinator, may appeal such denial to the City Manager
as provided in Chapter 5.32 of this Code.
H. When any change occurs regarding the written information
required by Section 5.44.130, subsection C, the applicant or
permit holder, as the case may be, shall give written notification
of such change to the Chief of Police within twenty-four (
24)hours after such
change.5.44.140 Prohibi ted Acti vi ties. No holder of an
Escort Permit shall escort, offer to escort or perform any
activity described in this Chapter to any person 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 on
whose behalf the escort or introductory service is
engaged.5.44.150 Sale or Transfer. Upon the sale or transfer of
any interest in an escort bureau or introductory service, the
permit shall immediately become null and void. A new application
shall be made by any person, firm or entity desiring to own or
operate the escort bureau or introquctory service. A fee as
established by the City 'council shall bE'! payable for each such
application.Any application involving the sale ~r other transfer of
any interest in an existing escort bureau or introductory service,
as well as any permit which may thereafter be granted, shall
be subject to the provisions of this
Chapter.5.44.160 Change of Location or Name. A. A change
of location of any premises or real property where a permitted
escort bureau or introductory service is conducted may be approved by
the Chief of Police provided all requirements of this Chapter and
all ordinances and regulations of the City of Orange are complied
with and a change of location fee as established by the City Council
is deposited with the Business Services Coordinator. Application
for such change shall be made within three (3) days of such
change.B. No permit holder shall operate an escort bureau
or introductory service under any name or designation not
specified in the
permit.ORD 14-84 8 -
5.
44.170 Prohibited Conduct. Any person violating any provision
of this Chapter shall be guilty of a misdemeanor and be punishable
by a fine of not more than five hundred dollars ($500)or
by imprisonment for not more than six (6) months or by both such
fine and imprisonment. Revocation or suspension of a permit issued
under this Chapter shall not be a defense against prosecu-tion.
5.
44.180 Suspension or Revocation of a Permit. If the City Manager
or his designated representative finds that any person holding
an Escort Bureau or Introductory Service Permit under the provisions
of this Chapter has violated any of the provisions of this
Chapter or Chapter 5.34 or conducts such business in such a manner
as would have been grounds for denial of a permit as set forth
in Section 5.44.070 subsection H of this Chapter, or if the City
Manager finds that any person holding an Escort Permit is engaging
in behavior or actions which violate any of the provisions
of this Chapter or Section 5.34.020 or which would have been
grounds for denial of a permit as set forth in Section 5.
44.130 subsection F of this Chapter, he may suspend or revoke the
permit. No such suspension or revocation shall become effective
until such permit holder has been notified in writing of the
right of the permit holder to appeal the suspension or revocation
pursuant to the provisions of this Code. Notification of
the permit holder shall be made either by personal delivery or by
certified or registered mail, return receipt requested,addressed
to the permit holder at such permit holder's residence address
as set forth on the application for a permit or renewal thereof.
If a timely appeal is filed in accordance with Section 5.
34.060, the suspension or revocation shall be stayed and shall become
effective only upon decision of the City Council. Other-wise
the suspension or revocation shall become effective after the timely
appeal period has expired.5.
44.190 Conducting as a Nuisance. Any escort bureau or introductory
service operated, conducted or maintained contrary to the
provisions of this Chapter shall be and the same is hereby declared
to be unlawful and a public nuisance and the City Attorney
may, in addition to or in lieu of prosecuting a criminal action
hereunder, commence an action or actions, proceeding or proceedings,
for the abatement, remove or enjoinment thereof, in the
manner provided by law, and shall take such other steps and shall
apply to such court or courts as may have jurisdiction to grant
such relief as will abate or remove such establishment and restrain
and enjoin any person from operating, conducting or maintaining
an escort bureau or introductory service contrary to the
provisions of this Chapter.5.
44.200 Applicability of Regulations to Existing Business.The
provisions of this Chapter shall be applicable to all persons and
businesses described herein whether the herein described act-ivities
were established before or after the effective date of the ordinance
enacting this Chapter into law. All such persons and businesses
shall have sixty (60) days from the said effective date to
comply with the provisions of this Chapter.9 -
ORD 14-84
u___ .._______~_..____..___
SECTION II:
If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the
City of Orange hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase
or portions thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
SECTION III:
Neither the adoption of this ordinance nor the repeal hereby of
any ordinance shall in any manner affect the prosecution for
violation of ordinances, which violations were committed prior to
the effective date hereof, nor be construed as affecting any of
the provisions of such ordinance relating to the collection of any
such license or penalty or the penal provisions applicable to any
violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations there-
under appertaining shall continue in full force and effect.
SECTION IV:
The reasons for this urgency are as follows:
An application for an escort bureau has been filed with the
City of Orange, and therefore, the City of Orange feels that these
more comprehensive ordinance provisions are needed to regulate
this business and insure the protection of the public interest.
Therefore, pursuant to the procedures of Government Code
Section 36937, the City Council of the City of Orange hereby
ORD 14-84 10 -
Il_".._~___enactsthis ordinanceas an urgency measurein
order to protect the public health, safety and welfare.ADOPTED this
13th day of March, 1984.or
of the Clty of Orange Attest:Cit~
t~ Q~ange STATE OF CALIFORNIA )
COUNTY
OF ORANGE ) SS CITY
OF ORANGE )I,
MARILYN J. JENSEN, City
Clerk of the
City of Orange,California, do hereby certify that the foregoing Ordinance
14-84 was regularly introduced, reading in full was
waived, was read by Title, was passed and adopted at a
regular meeting of the City Council of the City of Orange, California,
held on the 13th day of March ' 1984, by the following
vote, to wit:AYES: COUNCILMEN: S~1ITH, BARRERA, MAYOR BEAM,
PEREZ, BEYER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE WITNESS
my hand and
seal this 15th
1984.day of March Ci ty Clerk
of
ty of Orange
11 -
ORD 14-84