ORD-15-84 REGULATING THE OPERATIONS OF ESCORT BUREAUSORDINANCE NO. 15-
84 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE 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,
inclu-sive, 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.
L___
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 carryon 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,
1) year.
5.44.050 permi t 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 (i) 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 15-84 2 -
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 15-84
mU
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
incorporation, 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 15-84 4 -
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 15-84
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 (lO) 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 Permit 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 term
of an
Escort Permit,
suspended or revoked, 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 (1) 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 15-84 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, (1) 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 15-84
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 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 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 Prohibited Activities. No holder of an
Escort Permi t shall escort, offer to escort or perform any acti vi
ty 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 introductory service. A fee as
established by the City council shall be payable for each such
application.Any application involving the sale or 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 15-84 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, conunence 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 (GO) days from the said effective date
to comply with the provisions of this Chapter.
9 -ORD 15-84 1------ -,
l1______.__._.__SECTIONII:
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:
A summary
of this Ordinance shall be published and a certified copy of
the full text of this Ordinance shall be posted in the Office of
the City Clerk at least five (5) days prior to the City Council meeting
at which this Ordinance is to be adopted. A summary of
this Ordinance shall also be published once within fifteen (15)
days after this Ordinance's passage in the Orange City News,
a newspaper of general circulation, published and circulated in
the City of Orange. the City Clerk shall post in the Office
of the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code
ORD 15-
84 10 -
Section 36933. This Ordinance shall take effect thirty (30) days
from and after the date of its final passage.
ADOPTED this 20th day of March 1984.
Attest:
Jfi.~Ci ty Clerk 't;l t C' of Orange
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 15-
84 was introduced at the regular meeting of the City Council
held on the 13th day of March , 1984 and
thereafter at a regular meeting of said City Council duly held on the
20th day of t1arch , 1984, was duly passed and adopted
by the following vote, to
wit:AYES: COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ,
BEYER NOES: COUNCILMEN:
NONE ABSENT: COUNCILMEN:
NONE WITNESS my hand and seal this
22nd
1984.day of
MarchJu;
uA~ () ~Ci ty Cler~ of ltlie cp.y of
Orange ORD 15-84 11 -