A. Any person desiring to obtain a permit, or renewal of an existing permit, to act as an escort, 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 permit 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 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 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 § 5.212.070.C.1. through 12. of this chapter, and shall, in addition, furnish the following information:
1. Satisfactory evidence that the applicant is employed, or has been offered employment, by an escort bureau holding a valid permit issued by the city, 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; and
2. 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 or 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 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.
F. The City Manager, within ten (10) business 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 requirements of § 5.212.070.H.1. through 3. have been met and, in addition, if he or she finds that the following additional requirements have been met:
1. The applicant is at least eighteen (18) years of age;
2. The applicant 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.
G. If the City Manager does not find that all of the requirements set forth in paragraph F. of this section have been met, he or she shall deny the application for the permit or renewal thereof. In the event that 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 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 City Manager, may appeal such denial to the City Council as provided in § 5.212.210.
H. When any change occurs regarding the written information required by paragraph C. of this section, 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.
('61 Code, § 6A.13) (Ord. 740, passed - - )