ORD 451U ORDINANCE NO. 451U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING
BUSINESS PERMITS AND REGULATIONS RELATING TO ESCORT
BUREAUS AND ESCORTS, AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by amending Section 5.08.050 of Chapter 5.10 to read as follows:
"5.08.050. Sections 531 through 549, inclusive, and Sections
591 through 599, inclusive, of Article 11 of Chapter II repealed. Notwithstanding the
provisions of Section 5.10.010, Sections 531 through 549, inclusive, and Sections 591,
591.1, 591.2, 591.3, 591.4, 591.5, 591.6, 591.7, 591.8, 591.9, 592, 592.1, 592.2, 593,
594, 595, 596, 597, 598, and 599 of the Licensing Ordinance are repealed."
Section 2. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by amending Paragraph A of Section 5.10.020 of Chapter 5.10 to read as
follows:
A. No person shall commence, conduct, or purport to commence or
conduct the following business activities within the boundaries of the City of Rancho
Palos Verdes without possessing a valid business permit issued pursuant to this
chapter:
1. Escort*;
2. Escort Bureau*;
3. Massage Establishment*;
5. Massage Technician*;
5. Peddler.
* Fingerprinting by the Los Angeles County Sheriffs Department required
Section 3. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Chapter 5.32 thereto to read as follows:
ESCORTS AND ESCORT BUREAUS
Sections:
5.32.010 Effect of Adult Entertainment Regulations.
5.32.020 Escort Bureau Permit required.
5.32.030 Definitions.
5.32.040 Permit granted subject to specific conditions.
5.32.050 Additional information required for application for escort
bureau permit.
5.32.060 Additional criteria for issuance or denial of escort bureau
permit.
5.32.070 Escort permit required.
5.32.080 Additional information required for application for escort
permit.
5.32.090 Additional criteria for issuance or denial of escort permit.
5.32.100 Operating Requirements.
5.32.110 Exemptions.
5.32.120 Additional grounds for modification, revocation or
suspension.
5.32.010 Effect of Adult Entertainment Regulations. Any permittee who
provides or allows to be provided any services that fall within any of the categories of
"adult entertainment business," as defined in Section 5.10.010, shall immediately have
his or her escort bureau or escort permit revoked. No services conducted by an escort
or an escort bureau will continue upon revocation of the permit.
5.32.020 Escort Bureau Permit Required. No person shall engage in
conduct or carry on the business of an escort bureau without a permit issued under the
provisions of Chapter 5.10 of this Code. If any of the provisions of Chapter 5.10 conflict
with the provisions of this Chapter, the provisions of this Chapter shall prevail as to all
matters and questions arising out of the subject matter of this Chapter.
5.32.030 Definitions. For purposes of Chapter 5.32, unless it is plainly
evident from the context that a different meaning is intended, the following definitions
shall apply:
(a) "Compensation" means any fee, salary, reward, commission or any other
consideration.
(b) "Director" means the Assistant City Manager or his or her designee.
(c) "Escort" means any person who, for compensation:
(1) Escorts, accompanies or consorts with other persons to, from or
about social affairs, entertainments, places of public assembly or places of amusement
located or situated within the City; or
(2) Escorts, accompanies or consorts with other persons in or about
any place of public or private resort or within any private quarters located or situated
within the City; or
Ordinance No. 451 U
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(3) Escorts, accompanies, or consorts with other persons in or about
any business or commercial establishment, or part or portion thereof, located or situated
within the City.
(d) "Escort bureau" means any business, agency, service or self-employed or
independent escort who, for compensation, furnishes or offers to furnish escorts.
(e) "Escort bureau permit" means the permit required to operate an escort
bureau.
(f) "Escort permit" means the permit required for any person who is an
escort.
(g) "Permittee" means any individual who applies for and receives a permit to
operate an escort bureau or to act as an escort.
5.32.040 Permit granted subject to specific conditions. A permit to
conduct an escort bureau shall not be issued to or in the name of any organization,
group, corporation, partnership or any other entity other than an individual.
5.26.050 Additional information required for application for escort bureau
permit.
(a) In addition to the information required in Section 5.10.0308, an applicant
for an escort bureau permit shall furnish the following information:
(1) The present or proposed address where the business is to be
conducted;
(2) The full true name under which the business will be conducted;
(3) The full true name and any other names used by the applicant;
(4) The present residential and business address and telephone
numbers of the applicant;
(5) Each residential and business address of the applicant for the five
(5) year period immediately preceding the date of filing of the application and the
inclusive dates of each such address;
(6) The applicant's California driver's license number or California
identification number;
(7) Acceptable written proof that the applicant is at least eighteen (18)
years of age;
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(8) The applicant's height, weight, color of eyes and hair and date of
birth;
(9) Two (2) photographs of the applicant, taken within six (6) months
prior to the date of the application, that clearly show the applicant's face. Any fees for
the photographs shall be paid by the applicant;
(10) The business, occupation or employment history of the applicant for
the three (3) year period immediately preceding the date of the filing of the application;
(11) The permit history of the applicant for the five (5) year period
immediately preceding the date of the filing of the application, including whether the
applicant, in previously operating in this or any other city, county, state, or territory, has
ever had any similar license or permit issued by such agency revoked or suspended, or
has had any professional or vocational license or permit revoked or suspended by the
City or any federal, state or other local agency;
(12) All criminal convictions suffered by the applicant, including
ordinance violations except minor traffic offenses (any traffic offense designated as a
felony shall not be construed as a minor offense), stating the date, place, nature and
sentence of such conviction;
(13) A definition of the service to be provided;
(14) The true names and residential addresses of all persons employed
or intended to be employed as escorts;
(15) Fingerprints of the applicant in the manner prescribed by the Los
Angeles County Sheriffs Department; and
(16) Such other identification and/or information as the Director may
require in order to discover the truth of the matters required to be set forth in the
application.
(b) The applicant or permit holder shall give written notification of any change
of information required by this Section to the Director within five (5) business days after
such change.
5.32.060 Additional criteria for issuance or denial of escort bureau permit.
The Director shall grant the permit only if he or she finds that there is no reason to deny
the permit under Section 5.10.040(b) and that all of the following requirements have
been met:
(a) The fees established by a resolution adopted by the City Council have
been paid;
Ordinance No. 451 U
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(b) The application conforms in all respects to the provisions of this Chapter;
(c) The applicant has not been convicted or pleaded nolo contendere or guilty
to a misdemeanor or felony crime involving criminal misstatement or sexual misconduct
including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code
Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections
(a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or any offenses involving
pimping, pandering, prostitution or lewd conduct; and the applicant has not knowingly
permitted, through an act of omission or commission, his or her employee or agent,
while so employed, to engage in any type of criminal misstatement or sexual
misconduct offense, whether misdemeanor or felony; or has violated a condition of any
permit to operate an escort bureau that was issued previously to the applicant; and
(d) The escort bureau is to be conducted at a suitable place, and is not
calculated or intended to be operated as a subterfuge for the conduct of an unlawful
business and practice.
5.32.070 Escort permit required. No person shall act as an escort without a
permit issued under the provisions of Chapter 5.10. If any of the provisions of Chapter
5.10 conflict with the provisions of this Chapter, the provisions of this Chapter shall
prevail as to all matters and questions arising out of the subject matter of this Chapter.
A copy of such permit shall be sent to the address of the employer of the escort bureau,
which must in turn also hold a valid escort bureau permit issued by the City pursuant to
this Chapter.
5.32.080 Additional information required for application for escort permit.
(a) In addition to the information required in Sections 5.10.030 B and
5.32.050(a)(3) through (16), an applicant for an escort permit shall furnish the following
information:
(1) Satisfactory evidence that the applicant is employed, or has been
offered employment, by an escort bureau holding a valid permit issued by the City,
including the name and address of the employer or prospective employer and the fact
that such employment or continued employment is contingent upon the issuance of said
permit;
(2) The applicant's age, date of birth and California driver's license
number or California identification number;
(3) Any and all names and aliases used by the applicant;
(4) Fingerprints of the applicant in the manner prescribed by the Los
Angeles County Sheriffs Department; and
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(5) Such other identification and information as the Director may
require in order to discover the truth of the matters required to be set forth in the
application.
(b) The applicant or permit holder shall give written notification of any change
of information required by this Section to the Director within five (5) business days after
such change.
5.32.090 Additional criteria for issuance or denial of escort permit. The
Director shall grant the permit only if he or she finds that there is no reason to deny the
permit under Section 5.10.040(B) and that all of the following requirements have been
met:
(1) The applicant is at least eighteen (18) years of age;
(2) The applicant has not been convicted of or pleaded nolo
contenders or guilty to a misdemeanor or felony crime involving criminal misstatement
or sexual misconduct including, but not limited to, all offenses listed in Penal Code
Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314
through 318, and subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or
any offenses involving pimping, pandering, prostitution or lewd conduct or has violated a
condition of any permit to act as an escort that was issued previously to the applicant;
and
(3) The escort bureau which will employ the applicant received and
holds a valid permit issued pursuant to Chapter 5.32.
5.32.100 Operating Requirements.
(a) Escort Bureau.
(1) Escort permits. An escort bureau shall not hire or employ any
escort who does not obtain a escort permit from the City.
(2) Age of escorts. An escort bureau shall not employ as an escort any
person under eighteen (18) years of age.
(3) Age of patrons or customers. An escort bureau shall not furnish
any escort to, or accept employment from, any patron, customer or person to be
escorted who is under eighteen (18) years of age, except at the special instance and
request of the parent, guardian or other person in lawful custody of the person upon
whose behalf the escort service is engaged.
(4) Notification of personnel changes. Every escort bureau shall within
24 hours notify the Director of every change in personnel of escorts and the Director
shall deliver such notification to the Los Angeles County Sheriff.
Ordinance No. 451 U
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(5) Services--Sign requirements. Every escort bureau shall post in a
place clearly visible to a person entering the establishment, and in lettering not less than
one-quarter inch, a sign containing the following information:
(i) A description of each service available; and
(ii) The price charged for each service.
(6) Transaction records. Every person managing an escort bureau shall
keep a record of every transaction showing:
(i) The name of each escort employed, furnished or arranged
for;
(ii) The name, address and telephone number of the patron or
customer; and
(iii) Such other information as the Director requires.
(7) Availability of transaction records. The records required by this
Section 5.32.100 shall be kept available by the permittee, open to the inspection of the
City and Los Angeles County Sheriffs Department personnel. The permittee shall
deliver it to the City and/or the Sheriffs Department upon written request.
(8) Continuing compliance. An escort bureau must continue to comply
with all the criteria for issuance of the original permit that are specified in Section
5.32.040 and in Section 5.32.060.
(b) Escort.
(1) Presentment of escort permit. Each escort permit holder shall carry
his or her escort permit upon his or her person and produce the permit as required in
Sections 5.10.050 B and C. Each permit holder shall immediately surrender, to the
Director, any escort permit issued by the City upon the final suspension, revocation or
expiration of such permit, or upon leaving employment as an escort.
(2) Continuing compliance. An escort must continue to comply with all
the criteria for issuance of the original permit that are specified in this Chapter.
(3) Employment. No escort shall knowingly provide escort services for
an escort bureau that does not comply with the operating requirements in Section
5.32.100.
5.32.110 Exemptions. This Chapter does not apply to the lawful business of
any employment office or employment agency licensed under state law that does not
conduct an escort bureau, as defined in this Chapter.
Ordinance No. 451 U
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5.32.120 Additional grounds for modification, revocation or
suspension. In addition to the grounds set forth in Section 5.10.090(b), a permit
authorizing a person to engage in, conduct or carry on the business of an escort bureau
or to act as an escort shall be revoked or suspended by the City if the permittee fails to
comply with any of the provisions of this Chapter 5.32."
Section 4. URGENCY FINDINGS. The City is responsible for licensing
businesses within the boundaries of the City. The City historically has depended upon
the County of Los Angeles (the "County") to issue regulatory permits for certain
businesses including escort bureaus and does not have its own procedures to license
such uses. The County no longer provides these licensing services to incorporated
cities, and the City must adopt its own regulations governing the issuance of business
permits for escorts and escort bureaus and other businesses. The City currently has
applications on file for permits to conduct an escort bureau in the City and must
continue to regulate such businesses, in order to protect the public health, safety and
welfare of the City's residents and the general public. Therefore, it is necessary to
immediately adopt regulations to escorts and escort bureaus within the City. In order to
avoid the substantial delays to the current applicants or risk the public health, safety and
welfare of the City's residents and the general public by licensing the current applicants
before the appropriate procedures and regulations are enacted, it is necessary for this
ordinance to become effective immediately. It is therefore urgent that the enactment of
regulations governing escorts and escort bureaus affected by this ordinance become
effective immediately to prevent adverse impacts to the public health, safety and welfare
that may result from individuals engaging in the operation of escort bureaus or providing
escort services without these additional regulations. Based on the foregoing, the City
Council hereby finds that this ordinance is necessary for the immediate preservation of
the public health, safety and welfare, hereby declares the facts constituting the urgency,
and passes this ordinance by at least a four-fifths vote of the City Council. Accordingly,
this measure is adopted immediately upon introduction pursuant to Government Code
Section 36934 and shall take effect immediately pursuant to Government Code Section
36937(b).
Section 5. The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further
certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting, to be entered in the Book of
Ordinances of the Council of this City.
Section 6. This Ordinance shall go into effect and be in full force and effect at
12:01 a.m. on the first (1st) day after its passage.
Ordinance No. 451U
Page 8 of 9
PASSED, APPROVED and ADOPTED this 7th day of November 2006.
41110 _maw '
ayor
Attest:
Cit Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes)
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 451 U was duly and regularly adopted by the City Council of
said City at a regular meeting thereof held on November 7, 2006, and that the same
was passed and adopted by the following roll call vote:
AYES: Clark, Long, Stern, and Mayor Wolowicz
NOES: None
ABSENT: Gardiner
ABSTAIN: None
Cit lerk
Ordinance No. 451 U
Page 9 of 9
Al!
RANCHO AL OS ERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on November 9, 2006, she caused to be posted the following document
entitled:
ORDINANCE NO. 451 U —AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REGARDING BUSINESS PERMITS AND REGULATIONS RELATING TO
ESCORT BUREAUS AND ESCORTS, AMENDING THE RANCHO PALOS
VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF, a
copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
ity Clerk
W:\City Council Ordinances\affidavits\Ordinance 451U-Escort Bureaus&Escorts-Business Permits.doc