A. In the event prostitution is temporarily suspended for any reason, but escorting is otherwise legal, a Licensee operating out of a Premises may acts as an Escort Agency, and the Work Permitee may operate as an Escort pursuant to the terms herein. The following grounds shall each be a basis for denial or revocation:
B. No Escort shall:
1. Act as an Escort or agree(s) to act as an Escort without a Work Permit.
2. Commit an act of prostitution while acting as an Escort.
3. Solicit any fee, gratuity or tip from any outcall entertainment patron in addition to the basic entertainment fee.
4. No Escort shall serve, sell, distribute or possess any intoxicating liquor, or any beverage represented as containing any alcohol, during the course of the contract with an outcall entertainment patron without a valid liquor license.
5. At no time shall a Escort expose any portion of their pubic region, appear in a discernibly turgid state, even if completely and opaquely covered, except in a private residence.
6. An Escort shall not work if grossly intoxicated or under the influence of any controlled substance.
7. An Escort shall not fondle or caress any patron, and no patron shall fondle or caress any Escort.
8. An Escort shall not simulate any sexual acts with a patron or use any artificial device or inanimate object, animal or simulation thereof, to simulate the same,
9. An Escort shall at no time make dates with while performing or solicit prostitution in any form.
10. The Escort Agency shall maintain at all times during the open hours a schedule or list of all employees and/or independent contractors. This schedule or list must list all employees and/or independent contractors on duty and their shift times. The list must be made available to law enforcement on demand.
11. Commission of a criminal act while providing services to an escort/ outcall entertainment patron.
C. The following are requirements and restrictions of the Escort Agency and/or Escort Licenses:
1. A Licensee acting as an Escort Agency is responsible for the acts of its employees and independent contractors or subcontractors, including, but not limited to, Escorts, attendants, servers, security personnel, managers and performers. Any License may be revoked for acts of such agent, employee or subcontractor which violates any provision of this chapter. It is the duty of the licensee to prevent disturbances, fraudulent acts, prostitution and the solicitation of prostitution, and violations of the outcall entertainment regulations as defined in this chapter, inclusive.
2. The owners or operators of any Escort Agency and/or Escort service shall ensure that all independent contractors and subcontractors, including, but not limited to, attendants, servers, security personnel, managers and performers must have a current business license and work permit prior to contracting for their services. The owner or operators must keep a copy of each individual business license and work card on file for every independent contractor subcontractor or employee not acting as a regular employee.
3. The following restrictions on advertising apply:
a. No person shall advertise or cause to be advertised as an Escort Agency unless operating as such pursuant to the terms herein.
4. No licensee, manager subcontractor independent contractor or employee of an Escort Agency and/or Escort service shall, in any manner, either directly or indirectly:
a. Advertise, display or disseminate:
(1) In any newspaper magazine or other publication;
(2) By radio or television broadcasting;
(3) By telephone directory;
(4) By telephone, fax or internet; or
(5) By handbill, pictorial, representation or other advertising, any information or illustrations or pictures of any person or object that contain any statement which implies or suggests to a reasonable, prudent person or would give the public a basis to infer or believe that prostitution or any other illegal act, product or service is offered or provided by any business licensed under this chapter.
b. Advertise in any manner set forth in herein any statement which implies or suggests to a reasonable, prudent person or would give the public a basis to infer or believe that an Escort Agency and/or Escort service have been medically examined or are free from contagious diseases.
D. Every Escort Agency and/or Escort must hold a valid Work Permit.
1. A Work Permit must be renewed each time an Escort changes place of work from one Escort Agency and starts work with a different Escort Agency.
2. The chief of police or his designee shall investigate the accuracy of all information supplied by any applicant on the registration form,
3. Every licensee shall reguire and ensure that the rules and regulations now in force or hereafter promulgated by the division of health of the department of human resources of the state of Nevada are complied with and that medical examinations are undergone by all escorts working at the licensee's operation, which examinations shall:
a. Be performed at least once a week. These medical examinations must be completed and the examination results available by each Friday of the week prior to medical exam record checks being conducted by the police department.
b. Be performed by or under the supervision of a physician or doctor of osteopathy duly licensed to practice medicine in the state.
c. Include all tests specified by the division of health of the Nevada department of human resources for the detection and diagnosis of sexually transmitted diseases including, but not limited to, weekly tests for gonorrhea and chlamydia and a monthly blood test for syphilis and human immunodeficiency virus (HIV), which shall be processed ata licensed and approved clinical laboratory.
d. Include monthly tests approved by the division of health of the department of human resources of the state for the detection of HIV. Appropriate specimens are to be submitted to and processed at a licensed and approved medical laboratory.
e. include other medically approved tests, deemed advisable by the physician, for determining whether the Escort is afflicted with any infectious or contagious disease.
f. Be performed at the location of the licensed operation, at the physician's office, at a hospital or clinic, as determined by the physician.
g. Consistent with NAC 441 A. 120(2), no person may work as a Escort in a licensed house of prostitution until a state licensed and approved medical laboratory has reported that the results of the tests reguired by NAC 441A800 et seg., do not show the presence of chlamydia, syphilis, gonorrhea, or the antibody to the human immunodeficiency virus. In effect, no Escorts will be allowed to work (perform sexual acts with another person) on the premises until they have been cleared by a physician to work.
h. If any Escort's test results are positive, the Escort must turn his or her work card turned over to a representative of the police department and immediately cease any Escort related activity. The Escort must wait at the brothel until contact is made by the state health department or its designee. This contact may be made in person or by telephone. Once contact is complete, the Escort may then leave the premises of the brothel. If the Escort chooses to stay she will remain off the floor, which includes the bar area, and not engage in any type of sexual activity until a clearance to return to work has been received from the physician and presented to the police departments
i. The owner/management of the Escort Agency is reguired to notify the police department when an Escort leaves the Escort Agency on vacation. (Any period in excess of 48 hours is considered vacation.) Prior to returning to work from vacation, the Escort must get a medical exam, clearance from a licensed physician, and cleared to go to work by the Wells police department.
j. After performing the examination required in herein, the examining doctor shall:
(1) Issue to every person examined and found not to be afflicted with a sexually transmitted disease or other contagious or infectious disease, a certificate so stating.
(2) Refuse to issue such certificate to any person found to be, or suspected of being, afflicted with a sexually transmitted disease or other contagious or infectious disease.
(3) Report the results of such examinations weekly to the chief of police or his designee.
(4) If any Escort examined is found to be afflicted with a sexually transmitted disease or any contagious or infectious disease that creates a health hazard, the doctor shall immediately notify the chief of police or his designee and the licensed operator where the Escort is working, of such condition.
k. No person may work as an Escort in any operation without a current certificate, as described herein.
l. No person who has ever been denied a certificate by an examining physician or doctor of osteopathy, as provided in herein, may again work as a Escort in any licensed operation until such person has received and presented to the chief of police or his designee a certificate from an examining physician or doctor of osteopathy stating that the cause or causes which resulted in the denial of the certificate have been cured and that the person is now free of any sexually transmitted disease or other contagious or infectious diseases.
m. Nothing contained in subsections A. through E. inclusive of this section shall prevent the board on its own motion or upon complaints or reports from any person, from inquiring into the existence of any condition on the premises of any licensed operation which might constitute or cause a health hazard.
4. Concerning other restrictions:
a. If registered under the provisions of this chapter, such licensing would be contrary to the health, safety or welfare of the city or its residents:
b. Has willfully made any false statement or omission in the registration form required by subsection B of this section; or
c. The chief of police or his designee will have the authority to deny or revoke the Work Permit of any person who works at an Escort Agency or as an Escort who does not qualify under this section or who is found to be violating this code or state law. The person whose work card has been denied or revoked may file an appeal to the city of Wells board of councilmen within thirty (30) calendar days from the date in which the work permit (card) was denied or revoked.
5. Any person who works at an Escort Agency or as an Escort shall file with the police and maintain a current work card before commencing work as a at an Escort Agency or as an Escort; no Work Permit shall be transferable; all Work Permits shall state the name of the licensed operation where the Escort works; no Escort shall change their place of work from one location or Escort Agency to another without first notifying the chief of police or his designee of the proposed change and obtaining a revised Work Permit. Work Permits must be on the premises of the Escort Agency or registered location and accessible to police at all times.
6. No Escort may work for more than one Escort Agency at a time. (Ord. 181, 11-12-1997; amd. Ord. 237, - - 2021)