For purposes of this Chapter, certain terms and words are defined as follows:
(a) "City Manager" means the City Manager of the City of Fairborn or such other person as may be designated by the City Manager.
(b) "Consideration" means money or money's worth.
(c) "Escort" means any person who for monetary consideration in the form of a fee, commission or salary, is held out to the public as available for hire to consort with or to accompany another or others to social affairs, places of amusement or entertainment within any place of public resort, or within any private quarters.
(d) "Escort Service" means any person who for a fee, commission, profit, payment or other monetary consideration, furnishes, refers, or offers to furnish or refer escorts, or provides, or offers to introduce, patrons to escorts.
(e) "Escort Service Runner" means any person, not an escort, who for a salary, fee, hire, reward, or profit, as the agent for either an escort service, or a patron, contacts or meets with escort patrons or an escort service at any location other than the established open office, as defined hereunder, whether that person is employed by the escort service, or any business, or is self-employed.
(f) "Licensee" means a person who is the holder of a valid license under this ordinance. A licensee includes an agent, servant, employee or other person while acting on behalf of that licensee whenever such licensees are or would be prohibited from doing or performing an act or acts under this chapter.
(g) "Offer to Provide Acts" or "Sexual Conduct" means to offer, propose or solicit to provide sexual conduct to a patron. Such definitions include all conversations, advertisement and acts which would lead a reasonably prudent person to conclude that such acts were to be provided.
(h) "Open Office" means an office at the licensed escort service address from which escort business is transacted; to qualify as an open office it is required that:
(1) Business hours be established and posted and that the office is open to the public and patrons or prospective patrons during such business hours and that the office is accessible to business invitees, business license officials and law enforcement officers during hours that escorts are working;
(2) The office be managed by the owner or a management employee of the owner having authority to bind the escort service to escort and patron contracts and to adjust patron and consumer complaints;
(3) All telephone lines and numbers listed to the escort service, or advertised as escort service numbers, terminate at the open office and at no other location;
(4) An index of all employees and escorts is kept in the open office;
(5) All business records be kept in the open office including records of escort calls and referrals, stating the name and address, including hotel or motel room, of the patron, the date and time of referral, name of the escort sent and whether the referral resulted in an escort service and the total fee received from the patron, if any.
(i) “Person" means any individual, or any firm, partnership, corporation or association of any kind.
(j) "Person Financially Interested" means, for the corporation, any person who is an officer or a director or any shareholder holding more than 5% of the shares thereof, for a noncorporate business, any person who shares in any financial gain attributable to the business as a proprietor or owner or on the basis of a percentage in excess of 5% of gross or 10% of net revenue.
(k) "Service Oriented Escort" means an escort who:
(1) Operates from an open office; and
(2) Does not employ or use an escort service runner; and
(3) Does not advertise that sexual conduct will be provided or work for an escort service which so advertises; and
(4) Does not offer, solicit, agree to provide, or provide sexual conduct.
(l) "Service Oriented Escort Service" means an escort bureau which:
(1) Maintains an open office at an established place of business; and
(2) Does not use an escort bureau runner; and
(3) Does not advertise, offer, solicit, agree to, or provide sexual conduct to a patron; and
(4) Employs or provides only escorts who possess escort identification cards.
(m) "Sexual Conduct" means engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of amusing or gratifying sexual desire of another person.
(n) "Sexual Gratification" means sexual conduct as defined herein.
(o) "Sexually Oriented Acts" means sexual conduct as defined herein.
(p) "Sexually Oriented Escort" means an escort who:
(1) Employs an escort service runner as an employee, agent or independent contractor; or
(2) Works for, as an agent, employee or independent contractor, or is referred to a patron by a sexually oriented escort service; or
(3) Advertised that sexual conduct will be provided or works for as an agent, employee or independent contractor or is referred to a patron by an escort service which so advertised; or
(4) Solicits, offers, agrees to provide or does provide acts or sexual conduct to an escort patron; or
(5) Accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort service.
(q) "Sexually Oriented Escort Service" means an escort service which:
(1) Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided; or
(2) Uses as escorts persons known to have violated the law regarding prostitution; or
(3) Does not maintain an open office; or
(4) Employs as an employee, agent or independent contractor or uses an escort service runner; or
(5) Advertises that sexual conduct will be provided or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron; or
(6) Solicits, offers or agrees to provide or does provide acts or sexual conduct to a patron; or
(7) Employs, contracts with, or provides or refers escorts who do not possess escort identification cards as required herein; or
(8) Does not deliver contracts to every patron or customer; or
(9) Employs, contracts with, or refers or provides to a patron, a sexually oriented escort.
(r) "Sexual Stimulation" means to excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined under "offer to provide acts or sexual conduct".
(Ord. 7-07. Passed 2-19-07.)
(Ord. 7-07. Passed 2-19-07.)