A. Any person desiring to obtain a permit, or renew an existing permit, to operate an escort bureau, shall make application to the Chief of Police or his or her designated representative. Prior to submitting such application for a permit or renewal of a permit, a nonrefundable fee, as established by resolution of the City Council, shall be paid to the Department of Financial Services to defray, in part, the cost of the investigation and report required by this chapter. The Department of Finance shall issue a receipt showing that such application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied by the applicant to the Chief of Police at the time such application is filed. Permit issuance or renewal fees required under this chapter shall be in addition to any business license, permit or fee required under any other chapter of this code.
B. Neither 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 until such permit has been granted or renewed.
C. Each applicant for an escort bureau 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 preceding the date of filing of the application and the inclusive dates 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. Two (2) photographs of the applicant, at least two (2) inches by two (2) inches in size, taken within the six (6) month period immediately preceding the date of the filing of the application;
10. The business, occupation or employment history of the applicant for the three (3) year period immediately preceding the date of the filing of the application.
11. The permit history of the applicant, for the five (5) year period immediately preceding the date of the filing of the application, including whether 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 due to misconduct as described in paragraph H.5. of this section;
12. 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 offense), stating the date, place, nature and sentence of such conviction;
13. 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 of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the names, residence addresses and dates 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 certificate of limited partnership as filed with the County Clerk. If one (1) or more of the partners is a corporation, the provisions of this paragraph pertaining to corporations shall apply. The corporation or partnership applicant shall designate one (1) 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 (1) application fee shall be charged;
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 or a designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the Police Department of the city 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 paragraph C. of this section.
E. The Chief of Police may require the applicant, 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 finger-printed.
F. When any change occurs regarding the written information required by paragraph C. of this section 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 five (5) business days 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 or her representative, shall, within thirty (30) days after the date of the filing of the application, render a written recommendation to the City Manager, as to approval or denial of the application for the permit or renewal thereof.
H. The City Manager, or his or her designee (hereinafter referred to as “City Manager”), within ten (10) days after receiving the application and aforementioned recommendation from the Chief of Police, shall grant the permit, or renewal thereof, only if he or she 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 misrepresentation of fact in the application;
4. The applicant if an individual; or any of the directors, officers, or stockholders holding more than five percent (5%) of the stock of the corporation; or any of the partners, including limited partners, the holder of any lien of any nature, if a natural person, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed escort bureau, or a natural person employed or contracted with to be an escort or to provide escort services; has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving criminal misstatement or sexual misconduct including, but not limited to, all offenses listed in Penal Code § 290, Penal Code §§ 311.2 through 311.7, Penal Code §§ 314 through 318, and subsections (a), (b), (c), (d) or (h) of § 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct; or has knowingly permitted, through an act of omission or commission, his or her employee or agent, while so employed, to engage in any type of criminal misstatement or sexual misconduct offense, whether misdemeanor or felony (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);
5. The escort bureau, as proposed by the applicant, would comply with all applicable city, county and state laws, including but not limited to health, zoning, fire and safety requirements and standards; and
6. The applicant, manager or other person principally in charge of the operation of the business is at least eighteen (18) years of age.
I. If the City Manager does not find that all of the requirements set forth in paragraphs H.1. through 6. of this section have been met, he or she shall deny application for the permit or renewal thereof. In the event the application for the permit or renewal thereof is denied by the City Manager, written notice of such denial shall be given within ten (10) business days to the applicant, specifying the ground or grounds of such denial. 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 permit, or renewal thereof, has been denied by the City Manager, may appeal such denial to the City Council as provided in § 5.212.200 of this chapter.
('61 Code, § 6A.7) (Ord. 740, passed - - )