Chapter 5.38
ESCORT SERVICES
Sections:
5.38.050 Application for escort service and escort permit—Contents—Required fees—Investigation.
5.38.060 Grounds for denial of permit.
5.38.070 Escort service operating requirements.
5.38.080 Escort services—Inspections of premises.
5.38.090 Escort service permits not assignable.
5.38.100 Change of location or name of escort service.
5.38.110 Escorts—Prohibited activities.
5.38.120 Renewal of escort service permits and escort permits.
5.38.130 Suspension or revocation of an escort service permit or escort permit.
5.38.140 Permit revocation appeals procedure.
5.38.150 Burden of proof at hearings.
5.38.160 Violation and penalty.
5.38.170 Applicability of chapter to existing businesses.
5.38.010 Findings.
The city council finds and declares as follows:
A. The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.
B. Escort service businesses have been found to present opportunities for unlawful activity, including acts of prostitution, pimping and pandering. The establishment of standards for issuance of permits and reasonable restrictions on operation would serve to reduce the risk of illegal activity.
C. The costs of investigation, surveillance and prosecution of criminal activities associated with escort services can be extraordinary. Effective investigation, enforcement and prosecution of illegal activities associated with escort services often require a disproportionate diversion of public safety and law enforcement resources not only from within one city, but also from other jurisdictions. The restrictions and requirements contained in this chapter reduce the burden on the city and permit the deployment of law enforcement personnel such that other serious crimes may be prevented and other important laws be enforced.
D. The regulations and restrictions contained in this chapter are designed to prevent escort services from fostering unlawful activity, and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved. (Ord. 06-019 § 1 (part), 2006)
5.38.020 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases as used in this chapter.
“Compensation” means any commission, fee, gratuity, hire, profit, reward, wage, salary or any other form of consideration.
“Employ” means to use or engage any person, including an independent contractor, to work in or about or to render any services whatsoever on behalf of an escort service for compensation.
“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
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.
Excluded from this definition are any persons acting in the employment of any business, agency or person excluded from the definition of “escort service.”
“Escort service” means any business, agency, or person who, for compensation, furnishes or offers to furnish names of escorts, or who introduces, furnishes or arranges for persons to be furnished with an escort. Excluded from this definition are (i) any businesses, agencies or persons which provide escort services for older individuals, as defined in California Welfare and Institutions Code Section 9018, or for disabled persons, as defined in California Business and Professions Code Section 17206.1(b)(2), when such services are provided as part of a social welfare and health program for such individuals, and (ii) any businesses, agencies or persons in the lawful business of an employment agency licensed under the laws of the state of California.
“Operator” means any person operating an escort service, including, but not limited to, the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession.
“Person” means an individual, firm, partnership, joint venture, association, social club, organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination of persons acting as a unit.
“Profit interest” means any interest or share in the present or prospective profit of an escort service. (Ord. 06-019 § 1 (part), 2006)
5.38.030 Permits required.
A. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted, or carried on in or upon any premises or real property located within the city, the activities of an escort service, unless there has been granted to such person a valid permit, pursuant to the provisions of this chapter. A separate permit shall be required for each location within the city at which an escort service is to be established. The permit required shall be in addition to any other license or permit, including a business license, required by city ordinance.
B. It is unlawful for any person to engage in the business of or act as an escort unless such person has been issued a valid escort permit pursuant to the provisions of this chapter. In addition, each escort permit holder shall be issued a permit identification card. The permit holder shall carry such card upon his or her person when acting as an escort and produce the same for inspection upon request. Each permit holder shall immediately surrender to the chief of police or an authorized representative any permit issued by the city upon the suspension, revocation, or expiration of such permit, or upon leaving employment as an escort. (Ord. 06-019 § 1 (part), 2006)
5.38.040 Permit term.
A. The term of an escort service permit, unless sooner suspended or revoked, shall be for a period of one year from the date of issuance and must be renewed in accordance with Section 5.38.120 of this chapter.
B. The term of an escort permit, unless sooner suspended or revoked, shall be for a period of one year from the date of issuance and must be renewed in accordance with Section 5.38.120 of this chapter. (Ord. 06-019 § 1 (part), 2006)
5.38.050 Application for escort service and escort permit—Contents—Required fees—Investigation.
A. Any person desiring to obtain an escort service or escort permit or renew an existing permit shall make application for a permit to the chief of police. Any application for an escort service or escort permit or for the renewal thereof, shall be accompanied by a nonrefundable fee as set by resolution of the city council, and shall be paid to the city to defray the costs of the investigation and report required by this chapter. The application and fee required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.
B. Neither the filing of an application for a permit or renewal thereof nor payment of an application or renewal fee shall authorize the applicant to act as an escort or operate an escort service until such permit has been issued by the chief of police.
C. For purposes of this section, “applicant” for an escort service permit shall mean the owner of the proposed escort service, if a sole proprietorship; one general partner, if a partnership; one officer or director, if a corporation; and one participant, if a joint venture. If the applicant is other than an individual, the applicant’s personal information required by this chapter to be included with the application for an escort service permit shall be supplied for the person or persons authorized to execute the application.
D. No permit under this chapter shall be issued to a person under the age of eighteen years, nor to a partnership, association or corporation, any partner, officer, director, or manager of which is under eighteen years of age.
E. Each applicant for an escort service or escort permit, or renewal thereof, shall furnish the following information:
1. The full true name and any other names, including aliases, used by the applicant;
2. The applicant’s date of birth, California driver’s license number or California identification number, social security number, present residence and business addresses and telephone numbers;
3. Each residence and business address of the applicant for the five-year period immediately preceding the date of filing of the application and the inclusive dates of each such address;
4. The applicant’s business, occupation, and employment history for the five years preceding the date of application, and the inclusive dates of same;
5. Acceptable written proof that the applicant is at least eighteen years of age;
6. Two photographs of the applicant, at least two inches by two inches in size, taken within the three-month period immediately preceding the date of the filing of the application;
7. The permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant has ever had any permit or license issued by any agency, board, city, county, state, or territory; the date of issuance for such permit or license; whether the permit or license was revoked or suspended; and whether the applicant has had any professional or vocational license or permit revoked or suspended and the reason or reasons therefor;
8. All convictions for any crime involving conduct which requires registration under any state law similar to and including California Penal Code Section 290, or conduct which is a violation of the provisions of any state law similar to and including California Penal Code Sections 314, 315, 316, 318 and 647, as those sections now appear or may hereafter be amended or renumbered, or any other crime involving prostitution, pimping or pandering, the exhibition or performance of an obscene production, motion picture or play, lewd conduct, larceny, extortion, firearms violations, the use of force and violence upon another person, dishonesty, fraud, deceit, or moral turpitude. The application shall include an authorization for the city to obtain any available criminal offender record information relating to applicant, and to update such information on an annual basis if a license is granted;
9. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;
10. A statement in writing signed and dated by the applicant that he or she certifies under penalty of perjury that all of the information contained in the application is true and correct;
11. Such other identification and information as the chief of police may reasonably require.
F. In addition, applications for escort service permits shall be required to include:
1. The present or proposed address where the business is to be conducted, and all telephone numbers of the business;
2. The full true name under which the business will be conducted, and the type of ownership of the business, i.e., whether by individual, partnership, corporation, or otherwise. If the applicant intends to operate the escort service under a name other than that of the applicant, the applicant shall file the fictitious name of the escort service and show proof of registration of the fictitious name;
3. If the applicant is:
a. A corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names, residence addresses, and dates of birth of each of its current officers and directors, and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock in the corporation.
b. A partnership, the applicant shall set forth the name, residence address and date of birth of each of the partners, including limited partners and profit interest holders. If the applicant is a limited partnership, the applicant shall furnish a copy of the certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall also apply.
The corporation or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee will be charged;
4. In the event the applicant is not the owner of record of the real property upon which the escort service is or is to be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that an escort service is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the escort service is or will be located;
5. A complete description of all services to be provided;
6. The true name and residential address of all persons employed or intended to be employed as escorts;
7. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant.
G. In addition, applications for escort permits shall be required to include:
1. Satisfactory evidence that the applicant is employed, or has been offered employment, by an escort service 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 fingerprints on a form provided by the police department for the purpose of establishing identification. Any required fingerprinting fees will be the responsibility of the applicant;
3. A certificate from a medical doctor licensed to practice in the state stating that the applicant has, within thirty days immediately preceding the date of application, been examined and found to be free of any contagious or communicable disease.
H. When any change occurs while a permit application or renewal application is pending regarding the written information required to be submitted to the city manager pursuant to this section, the applicant or permit holder, as the case may be, shall give written notification of such change to the chief of police within twenty-four hours after such change. When any such change occurs during the life of a permit other than when a renewal application is pending, the permittee must provide written notification of such change to the chief of police within thirty days of the change. (Ord. 06-019 § 1 (part), 2006)
5.38.060 Grounds for denial of permit.
A. Upon receipt of a complete written application for an escort service or escort permit, the chief of police or an authorized representative shall conduct an investigation in such a manner as he or she deems appropriate in order to ascertain whether such permit should be issued as requested. Upon completion of the investigation, the chief of police shall deny the permit if he or she finds:
1. The required fee has not been paid;
2. The application does not conform to the provisions of this chapter;
3. The applicant has made one or more material misrepresentations in the application;
4. The applicant, if an individual, or any of the stockholders, officers or directors of the corporation if the applicant is a corporation, or any partner, including limited partners, if the applicant is a partnership, has been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under any state law similar to and including California Penal Code Section 290, or conduct which is a violation of the provisions of any state law similar to and including California Penal Code Sections 314, 315, 316, 318 and 647, as those sections now appear or may hereafter be amended or renumbered, or any other crime involving prostitution, pimping or pandering, the exhibition or performance of an obscene production, motion picture or play, lewd conduct, larceny, extortion, firearms violations, the use of force and violence upon another person, dishonesty, fraud, deceit, or moral turpitude; or has been convicted of any offense in any other jurisdiction that is the equivalent of any of the above-mentioned offenses; or has been engaged in conduct in another jurisdiction that, if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this chapter; or has committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit;
5. The applicant has had an escort service, escort, or other similar permit or license denied, revoked, or suspended by the city, or any other state or local agency, prior to the date of approval;
6. The applicant, if an individual, or any of the officers, directors, or managers of the corporation if the applicant is a corporation, or any partner, including limited partners, if the applicant is a partnership, is less than eighteen years of age;
7. The escort service as proposed by the applicant would not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards;
8. The applicant is lacking the background and qualifications to conduct a bona fide escort service, or to act as a bona fide escort; or
9. The applicant has been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of an escort service or escort within five years from the date of filing the application.
B. The chief of police or an authorized representative shall render a decision to approve or deny the application within thirty days of filing of an application.
C. If the chief of police or an authorized representative, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this section, he or she shall deny the application. The chief of police shall notify the applicant of the denial by dated written notice, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if in fact it is personally served on the applicant or when deposited in the United States mail with the postage prepaid and addressed to the applicant at an address set forth in the application for the permit or renewal thereof. Any applicant for a permit who is refused a permit may appeal the denial to the city manager within ten days after the date of written notice by the chief of police or authorized representative. (Ord. 06-019 § 1 (part), 2006)
5.38.070 Escort service operating requirements.
No person shall engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, any escort service unless each and all of the following requirements are met:
A. No holder of an escort service permit shall employ as an escort any person under eighteen years of age;
B. No holder of an escort service permit shall furnish any escort to, or accept employment from, any patron, customer or person to be escorted, who is under eighteen years of age;
C. No holder of an escort service permit shall operate under any name or conduct business under any designation not specified in his or her permit;
D. The escort service permit holder shall only employ persons who have obtained and then possess a valid escort permit and permit identification card issued by the city pursuant to this chapter. It is unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of an escort service to employ or permit a person to act as an escort who is not in possession of a valid, unrevoked escort permit issued pursuant to this chapter and who is not in possession of a permit identification card during working hours;
E. Every escort service permit holder shall notify the chief of police, in writing, of any change of employees, whether by new or renewed employment, discharge or termination, such report to contain the name of the employee and the nature and date of the change. The report shall be made within five days of the change. The escort service permittee shall take all reasonable steps to ensure the return to the chief of police of the escort permit of all employees no longer employed at the escort service. The requirements of this section are in addition to the other provisions of this chapter, and nothing contained herein shall relieve the escort service permittee of the responsibility of ascertaining, prior to employment of a prospective escort, whether said person has a current unrevoked escort permit;
F. The escort service permit holder shall openly and conspicuously display the escort service permit and a copy of the permit of each and every escort employed by the escort service in an easily accessible place on the premises of the escort service;
G. Every person who engages in, conducts, or carries on the operation of an escort service shall keep a daily register containing the identification of all employees employed by such establishment, together with a duplicate of each of the escort permits of each employee; and the hours of employments of each employee for each day;
H. Every escort service shall maintain a record of every transaction whereby any escort is employed or engaged, or whereby any introductions are arranged for or on behalf of any patron, customer or person. Such record shall include the date and hour of the transaction; the name, address and telephone number of the patron, customer or person requesting or employing the escort service; and the name of the escort furnished or other persons who were introduced or arranged to be introduced. Such records shall be made available to law enforcement officers, upon request, for inspection, review, and copying;
I. The possession of a valid escort service permit does not authorize the possessor to perform work for which an escort permit is required;
J. The escort service shall not refuse service on the basis of a customer’s sex, race, color, religion, ancestry, national origin, or other arbitrary factor prescribed by the Unruh Civil Rights Act, California Civil Code Section 51 et seq.;
K. The escort service shall have a manager on the premises at all times during which the escort service is open or otherwise conducting business. The operator of each escort service shall file a statement with the city manager designating the person or persons with authority to act as a manager at the operator’s escort service. Whenever the escort service is open and the operator is absent, the designated manager(s) shall be responsible for ensuring compliance with the provisions of this section. The manager of each escort service shall take necessary steps to ensure that copies of the escort permit for each on-duty escort is conspicuously displayed in an easily accessible place on the premises of the escort service;
L. The term of an escort service permit, unless sooner suspended or revoked, shall be for a period of one year from the date of issuance and must be renewed in accordance with Section 5.38.120 of this chapter;
M. The escort service shall comply at all times with all provisions of this chapter and any other applicable provisions of the municipal code. (Ord. 06-019 § 1 (part), 2006)
5.38.080 Escort services—Inspections of premises.
A. As a condition of the escort service permit, the owner, operator and/or on-duty manager agrees and consents to inspections of the premises by city building, police and code enforcement personnel for the purpose of determining compliance with the provisions of this chapter and other applicable regulations, ordinances and laws. In addition, the owner, operator and/or on-duty manager agrees to an initial inspection of the premises by the city building inspector and the fire department.
B. The police department, the city manager and/or their authorized representatives shall have the right to enter the premises of the escort service during regular business hours for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and the provisions of this chapter. A warrant shall be obtained whenever required by law.
C. Escort services shall pay an annual inspection fee to cover the costs of inspections to confirm that the escort service is in compliance with all requirements set forth in this chapter and other applicable regulations, ordinances and laws. (Ord. 06-019 § 1 (part), 2006)
5.38.090 Escort service permits not assignable.
No escort service permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void. A new application shall be made by any person, firm or entity desiring to own or operate the escort service. Any application involving the sale or other transfer of any interest in an existing escort service, as well as any permit which may thereafter be granted, shall be subject to the provisions of this chapter; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in each such case the permittee shall thereafter be deemed to be the surviving partner(s). (Ord. 06-019 § 1 (part), 2006)
5.38.100 Change of location or name of escort service.
A. A change of location of any escort service must first be approved by the chief of police, who must determine, prior to approval, that all ordinances and regulations of the city will be complied with at any proposed new location and that the establishment of the escort service at the new location would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. A change of location of an escort service shall require the filing of a new business license.
B. Every escort service permit holder shall report immediately to the chief of police any and all changes of ownership or management of the escort service, including, but not limited to, changes of manager or other persons in charge, stockholders holding more than five percent of the stock of the corporation, officers, directors, and partners, any and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the escort service.
C. A separate permit shall be required for each location of an escort service, but separate permits need not be obtained by an escort employed in more than one location within the city for each such location; provided, that the application for a single escort permit for more than one escort service location shall disclose each location at which the escort is or intends to be employed. If an escort permittee changes his or her business address, or accepts employment by any escort service other than those previously disclosed in an escort permit application, the permittee shall, within seven days after such change occurs, advise the chief of police, in writing, of the name, business address and telephone number of the permittee’s new employer(s).
D. When any change occurs during the life of an escort service permit or escort permit, other than when a renewal application is pending, regarding the written information required to be submitted to the chief of police in connection with a permit application pursuant to this chapter, the permittee must provide written notification of such change to the chief of police within thirty days of the change. (Ord. 06-019 § 1 (part), 2006)
5.38.110 Escorts—Prohibited activities.
No holder of an escort permit shall escort, offer to escort or perform any activity described in this chapter to any person under eighteen years of age. (Ord. 06-019 § 1 (part), 2006)
5.38.120 Renewal of escort service permits and escort permits.
A. Applications to renew existing escort service permits and escort permits shall be filed with the chief of police before the expiration of the existing permit. Such renewal applications must be filed no later than thirty days prior to the expiration of the existing permit in order to avoid a lapse of the existing permit.
B. An application for renewal of an existing escort service permit or escort permit shall be accompanied by a renewal fee, as set by resolution of the city council, to cover staff costs to process the renewal application. Each applicant for renewal shall file such information as may be required by the chief of police to update the information required to be provided in his or her original permit application.
C. On a biennial basis, permit renewal shall be contingent upon satisfactory compliance with all pertinent sections of this chapter, including a current medical clearance and submission to a background investigation.
D. Upon proper application for renewal and approval of the chief of police or an authorized representative, a valid escort service permit or escort permit may be renewed for a period not to exceed one year.
E. No permit or renewed permit issued pursuant to this chapter shall be transferable to any other person or establishment other than, in the case of escort service permits, as expressly permitted by Section 5.38.090 of this chapter. (Ord. 06-019 § 1 (part), 2006)
5.38.130 Suspension or revocation of an escort service permit or escort permit.
A. The chief of police or an authorized representative may suspend or revoke an escort service permit or escort permit if he or she finds that any person holding an escort service permit or escort permit issued pursuant to the provisions of this chapter has:
1. Engaged in behavior or actions which violate any of the provisions of this chapter, or of any other applicable regulation, ordinance or law governing the permittee’s activity;
2. Knowingly made any false, misleading, or fraudulent statements in the permit application;
3. Engaged in behavior or actions as would have been grounds for denial of the permit; or
4. Been convicted of a felony or misdemeanor involving conduct which requires registration under any state law similar to and including California Penal Code Section 290, or conduct which is a violation of the provisions of any state law similar to and including California Penal Code Sections 314, 315, 316, 318, and 647, as those sections now appear or may hereafter be amended or renumbered, or any other crime involving prostitution, pimping or pandering, the exhibition or performance of an obscene production, motion picture or play, lewd conduct, larceny, extortion, firearms violations, the use of force and violence upon another person, dishonesty, fraud, deceit, or moral turpitude.
B. Upon determining to revoke or suspend any permit granted pursuant to this chapter, the chief of police or his or her authorized representative shall give to the permittee notice in writing of the suspension or revocation and of the grounds therefor. The notice shall include a copy of the pertinent code sections, a brief statement of the factual issues supporting the suspension or revocation, and notice of the permittee’s right to appeal the decision to the city manager. Notice of permit suspension or revocation shall be deemed to have been served if in fact it is personally served on the applicant or when deposited in the United States mail with the postage prepaid and addressed to the applicant at an address set forth in the application for the permit or renewal thereof.
C. If no appeal is filed pursuant to the procedures provided in this chapter, the chief of police or authorized representative’s decision shall become final and effective upon expiration of the period for filing appeals. (Ord. 06-019 § 1 (part), 2006)
5.38.140 Permit revocation appeals procedure.
Any permittee, within ten days following service of a notice of revocation or suspension of a permit issued pursuant to this chapter, may file an appeal to the city manager. The appeal must be made in writing, stating the grounds why the permit should not be revoked. The city manager or designee shall hear the appeal within thirty days of the filing of the appeal, with prior written notice of the date, time and place of the hearing provided to the permittee by mail, postage prepaid, at least ten days prior thereto at the address given on the notice of appeal or, if none is provided, to the address set forth in the permit application. The city manager or designee shall determine, after consideration of all evidence presented prior to and at the hearing on the matter, whether the permit should be reinstated, suspended or revoked, and the decision of the city manager shall be final. Any hearing may be continued from time to time. Failure to file an appeal or to appear at the appeal hearing shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. (Ord. 06-019 § 1 (part), 2006)
5.38.150 Burden of proof at hearings.
Unless otherwise specifically provided by law, the burden is on the permittee-applicant in any hearing under this chapter to prove that the determination of the chief of police, or an authorized representative, which is being appealed is unreasonable, erroneous, or an abuse of discretion. (Ord. 06-019 § 1 (part), 2006)
5.38.160 Violation and penalty.
Violation of any provision of this chapter is a misdemeanor, unless the city attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction; or the court, with the consent of the defendant, determines that the offense is an infraction. Revocation of a license or permit or certificate shall not be a defense against prosecution.
Any escort service operated, conducted, or maintained contrary to the provisions of this chapter is unlawful and a public nuisance and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence a civil or administrative action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, or the institution of civil fines or penalties, in a manner provided by law. (Ord. 06-019 § 1 (part), 2006)
5.38.170 Applicability of chapter to existing businesses.
The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this chapter. Escort services legally in business prior to the effective date of the ordinance first enacting this chapter shall have one hundred eighty days from the date of adoption of this chapter to comply with the regulations for escort services set forth herein. Persons who are currently permitted to work as escorts by the city, or who have had an application for such a permit accepted as complete, shall be required to comply with annual review upon the expiration of the permit. (Ord. 06-019 § 1 (part), 2006)