In addition to the affirmative duties and penalties for violation of § 113.35, the following affirmative duties, operational criteria and penalties shall apply to the operation of all service oriented escort bureaus:
(A) Contracts required.
(1) Contents of contract. The service oriented escort bureau shall provide to each patron a written contract and receipt of payment for service. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount of money the services shall cost the patron, and any special terms or conditions relating to the services to be performed. The contract shall also include a statement in clear and concise language that prostitution and solicitation for prostitution are illegal in the Commonwealth of Kentucky and are punishable by both fine and imprisonment and that no act of prostitution shall be performed in relation to the services contracted for. Further, the contracts provided for in this division (A) shall be numbered and utilized in numerical sequence by the service oriented escort bureau.
(2) Signing and copies. The contract shall be signed by the patron and a copy furnished to him or her. The service oriented escort bureau shall also retain a copy of each contract and shall furnish copies to the License Inspector upon his or her written request therefor.
(B) Open office required. The escort bureau shall maintain an open office at the licensed location during all hours escorts are working. The address of that office shall be included in all patron contracts and published advertisements. To qualify as an open office under this division (B), a facility must meet all of the following requirements:
(1) The office must be open to the public and patrons or prospective patrons and staffed by a licensed owner or service oriented escort manager from 12:00 p.m. to 12:00 a.m.;
(2) All telephone lines and numbers listed to the service oriented escort bureau, or advertised as service oriented escort bureau numbers, must terminate at the open office and at no other location, such as to cell phones or mobile phones or to other locations by a call forwarding process;
(3) An index of all employees and copies of all escort licenses must be kept in the open office;
(4) All business records required under this chapter shall be kept in the open office. Records of gross sales, which are required to be kept, include 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, the name of escort sent and whether or not the referral resulted in an escort contract and the total fee received from the patron, if any; and
(5) All office space of the service oriented escort bureau must be fully open to the public with no private rooms or booths where the patron may meet with the escort.
(C) Availability of escorts onsite. A service oriented escort shall only be available onsite at the licensed service oriented escort bureau 30 minutes or less prior to the appointment time and shall stay at the escort bureau no more than 15 minutes after returning from the appointment.
(D) Continuous operation. The service oriented escort bureau shall commence business from an open office within 30 days after issuance of the license. In the event a service oriented escort bureau licensee shall not commence business in an open office within 30 days after issuance of a license, or shall discontinue business or close the open office for a period of 30 days without specific approval of the License Inspector, such license shall terminate and be revoked automatically, without action by the License Inspector.
(E) Acts of employees. The service oriented escort bureau, in terms of licensing consequences, is responsible and liable for the acts of all its employees and subcontractors, including but not limited to telephone receptionists and escorts who are referred by that bureau while such escorts are with a patron.
(F) Referral of escorts for licensing. Every service oriented escort bureau shall refer all of its service oriented escorts to the License Inspector for application for an individual permit, as required in this chapter, before hiring or contracting with the escorts. Upon termination of employment of any service oriented escort with such service oriented escort bureau, such service oriented escort bureau shall notify the License Inspector, in writing, of such termination within five business days thereof.
(G) Age of employees. No escort bureau shall employ a person as an escort who is under 21 years of age.
(H) Identification cards. It shall be the additional affirmative duty of any owner and manager of a service oriented escort bureau to ensure that every service oriented escort shall have in their possession at all times their service oriented escort license in accordance with § 113.16(D).
(I) Penalties. For violation of any of the above requirements, the service oriented escort bureau and/or the service oriented escort shall be assessed two points for each violation.
(Ord. 451.11, passed 1-25-05) Penalty, see § 113.99