As used in this chapter:
(a) "EMPLOYEE" means a person who performs any service or work for an escort agency on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said agency. "Employee" does not include a person who performs services or work for an escort agency that is limited to repair or maintenance of the premises of said agency or equipment on the premises, or the delivery of goods to said premises.
(b) "ESCORT" means any person who, for any consideration whatsoever, agrees, offers, or is held out to the public as available for hire, to act as a companion, guide or date for another person or persons, to privately model lingerie, or to privately perform a striptease for another person or persons.
(c) "ESCORT AGENCY" means any person who, for any consideration whatsoever, furnishes, offers to furnish, or advertises to furnish, an escort or escorts as one of its primary business purposes.
(d) "LICENSEE" means, with respect to an escort agency license issued under this chapter, a person in whose name a license to operate an escort agency has been issued, as well as the individual or individuals designated on the license application as principally responsible for the operation of the escort agency. With respect to an escort license issued under this chapter, "licensee" means a person in whose name a license has been issued authorizing such person to act as an escort within the City of Brook Park.
(e) "OFFER TO PROVIDE OR ENGAGE IN SPECIFIED SEXUAL ACTIVITIES" means to propose or solicit to provide or engage in specified sexual activities for any consideration whatsoever, and shall include speech, conduct or any form of advertisement that would lead a reasonable person to conclude that specified sexual activities are available in exchange for a consideration.
(f) "OPERATE" means to control or hold primary responsibility for the operation of an escort agency, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility.
(g) "PERSON" means any individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(h) "SPECIFIED CRIMINAL ACTIVITY" means any of the following offenses:
(1) Prostitution or promotion of prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offense to those described above under the criminal or penal code of any local jurisdiction, state or foreign country;
(2) For which:
A. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
B. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(i) "SPECIFIED SEXUAL ACTIVITY" means any of the following:
(1) The fondling or other erotic touching of human genitals, a pubic region, buttocks, an anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
(3) Excretory functions as a part of or in connection with any of the activities set forth in paragraph (i)(1) and (2) hereof.
(Ord. 8434-1998. Passed 3-10-98.)