(a) General requirements. In addition to the licensing and other general requirements contained in this Code relating to escorts and escort agencies, each escort agency shall comply with the following requirements:
(1) Escort agency duties.
a. The escort agency shall provide to each patron a written contract and receipt of payment for services. The contract shall clearly state the type of services to be performed, the total amount of money such services shall cost the patron, the patron's drivers' license number including the state that issued the license, and any special terms or conditions relating to the service to be performed.
b. The escort agency shall maintain an open office. The address of that office shall at all times be provided to the commissioner of the department of public safety and shall be included in all patron contracts and published advertisements. If the location of the open office changes the escort agency shall provide the commissioner of the department of public safety with written notice of the new address of the open office within ten (10) days of such change. Private rooms or baths where the patron may meet with the escort shall not be provided by the escort agency or any of its escorts either at the open office or at any other location.
c. The escort agency shall be responsible for the acts of all its employees and subcontractors including, but not limited to, telephone receptionists and escorts who are referred by that agency while the escort is with a patron.
(2) Advertising. It is unlawful to advertise or hold out to the public the availability of an escort or escort agency without a license therefor, whether the actual business of escorts or escort agencies is performed. The escort agency license number and open office address must be prominently displayed or stated in any such advertisement.
(3) Prohibited activities. It shall be unlawful for a licensee to provide escort services to persons less than eighteen (18) years of age without the prior written authorization of the minor's parent or legal guardian.
(4) Open office. Each escort agency shall transact or conduct business only from the open office of the licensed escort agency in the following manner:
a. Business hours shall be established and posted in a prominent public place and such posting shall state that the office is open to the public and patrons or prospective patrons during such business hours. The office shall be open and accessible to business invitees, business license officials, officials in the divisions of revenue and building inspection, and law enforcement officers during business hours and during hours that the agency's escorts are working;
b. The office shall be managed or operated by the owner or a management employee of the owner having authority to bind the escort service and its escorts to written contracts with patrons and to adjust patron and consumer complaints;
c. All telephone lines and numbers listed for the escort agency, or advertised as escort agency numbers, shall terminate at the open office and at no other location;
d. A current index or list of all employees of the escort agency and all escorts employed or provided by the escort agency and a copy of the photographic identification card of all escorts employed or provided by the escort agency shall be kept in the open office; and
e. All business records of the escort agency shall be kept in the open office for a period of one (1) year. The business records shall include (1) copies of all published advertisements for the escort agency and each escort who is employed or referred by the escort agency and (2) records of all escort calls and referrals, including the name and address of the patron, the date and time of referral, the name of the escort sent, whether the referral resulted in an escort service, and the total fee received from the patron, if any. If the patron's address is a hotel or motel then the hotel or motel room shall be listed in the call records. All business records shall be open and available to inspection by law enforcement officers during business hours and during hours that the agency's escorts are working.
(b) Existing businesses. The provisions of this section shall apply to all escort agencies, whether they were established or conducting business before or after October 1, 1999; provided, however, that each escort agency in existence as of such date shall have sixty (60) days therefrom to comply with the licensure provisions of the Code.
(c) Penalty. Any person who violates any of the provisions of section 14-13.6 of this Code shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for a period of not more than six (6) months, or both fined and imprisoned.
(Ord. No. 260-99, § 3, 9-23-99)