Chapter 5-18
INTRODUCTION, DATING AND ESCORT SERVICES
Sections:
5-18-04 Permits: Applications.
5-18-06 Permits: Background police investigation.
5-18-07 Temporary permits: Granting: Qualifications: Appeal of denial.
5-18-11 Permits: Denial, suspension, and revocation.
5-18-12 Effective date of suspension.
5-18-13 Surrender of suspended or revoked permit.
5-18-14 Permits: Nontransferable.
5-18-18 Permit: Hearing and appeal procedures.
5-18-01 Findings.
The City Council of the City of Turlock hereby finds and declares that public necessity, health and safety, and for the general welfare, immediately requires that any person operating an introduction, dating or escort service business as an owner or operator or as an employee of an owner or operator obtain a permit from the City of Turlock and operate pursuant to the laws of the United States, State of California, the County of Stanislaus and the City of Turlock.
(770-CS, Enacted, 02/25/1992)
5-18-02 Definitions.
For the purposes of this chapter, unless otherwise stated in this chapter, the following words and phrases are defined as follows:
(a) “Established place of business” shall mean and include a fixed place, location, or building within the boundaries of the City of Turlock, zoned for residential, commercial, office, or industrial uses, owned, or rented, or leased on a month-to-month or term for years basis, by the a person using such place, location, or building as his or her permanent place of business.
(b) “Introduction service” shall mean and include a service offered or performed by any person for pecuniary compensation, the principal purpose of which is to aid persons over the age of eighteen (18) to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.
(c) “Dating service” shall mean and include a service offered or performed by any person for pecuniary compensation the principal purpose for which is to arrange or facilitate two or more persons going out together to a particular public or private social event or gathering.
(d) “Escort service” shall mean and include a service offered or performed by any person for pecuniary compensation the principal purpose for which is to accompany, make oneself available to accompany, or arrange for any other person to accompany a person(s) to or about a social affair, entertainment, or place of amusement.
(e) “Person” shall mean and include natural persons, sole proprietorships, firms, associations, partnerships, or corporations.
(770-CS, Enacted, 02/25/1992)
5-18-03 Permits: Required.
(a) No person shall engage in any introduction, dating, or escort service business whether individually or as the employee or agent of another person, firm, company, corporation, association, organization, or partnership without first complying with all applicable requirements of Title 9, Chapter 2, of the Turlock Municipal Code (Zoning Regulations) and having obtained a permit therefor as provided in this chapter.
(770-CS, Enacted, 02/25/1992)
5-18-04 Permits: Applications.
Any person desiring to obtain an introduction, dating, or escort service permit or desiring to obtain a permit for his or her employee or agent shall file a written application with the Police Department. Such application shall set forth the following information:
(a) The applicant’s name and address(es), both residential and business;
(b) If the applicant is a corporation, the name of the corporation exactly as it appears in the articles of incorporation, as well as the names and addresses of all officers, directors, and stock holders holding five (5%) percent or more of the stock in the corporation;
(c) If the applicant is a partnership or unincorporated association, the names and addresses of all partners, including limited partners, or principals. Additionally, if the applicant is a partnership, then it shall designate a managing partner and that person shall complete the application form;
(d) The applicant’s date of birth, weight, height, color of eyes and hair;
(e) The name under which the introduction, dating, or escort service operates;
(f) The name of each city, county, and state, including the specific addresses therein, in which the applicant has been engaged in or has conducted introduction, dating, or escort service activity within the immediately preceding five (5) years;
(g) A statement of all felonies and misdemeanors for which the applicant has been convicted, including nolo contendere, within the five (5) years immediately preceding the date of the application;
(h) The applicant shall provide picture identification which may be in the form of a valid California driver’s license or California identification card;
(i) The applicant’s valid Social Security number;
(j) The type of permit requested (i.e., owner, operator, or employee);
(k) Any and all other information requested by the Chief of Police to facilitate the processing of the application and to ensure that the public’s health, safety, and general welfare is protected;
(l) A signed statement that the information contained in the application as submitted by the applicant is true to the best of the applicant’s knowledge under the penalty of perjury under the laws of the State of California.
(1170-CS, Amended, 07/10/2012; 770-CS, Enacted, 02/25/1992)
5-18-05 Permits: Fees.
Any person desiring to obtain an introduction, dating or escort service permit shall pay to the City of Turlock, and submit along with the application referenced in TMC 5-18-04 the fees established from time to time by resolution of the City Council of the City of Turlock for introduction, dating or escort services.
(770-CS, Enacted, 02/25/1992)
5-18-06 Permits: Background police investigation.
(a) The Chief of Police’s designee shall conduct and complete an investigation of the truthfulness of the facts set forth in the application filed pursuant to TMC 5-18-04 and the moral fitness, reputation, character, integrity, and competency of the applicant.
(b) The applicant shall report to the Turlock Police Station to be fingerprinted, the cost of which shall be borne by the applicant. A complete fingerprint background investigation through the California Department of Justice can take an estimated six (6) to sixteen (16) weeks to complete.
(c) The Chief of Police’s designee, within fifteen (15) days after the application is received, shall conduct a preliminary background check of references and law enforcement agency records within Stanislaus County and counties contiguous to Stanislaus County pursuant to a written release from applicant.
(d) Upon completion of the police background investigation including but not limited to the California Department of Justice complete fingerprint background investigation, the Chief of Police’s designee shall make a report and recommendation to the Chief of Police.
(1170-CS, Amended, 07/10/2012; 770-CS, Enacted, 02/25/1992)
5-18-07 Temporary permits: Granting: Qualifications: Appeal of denial.
(a) If the Chief of Police finds nothing in the preliminary background investigation which would indicate that the applicant’s moral fitness, reputation, character, integrity, or competency is not good or would pose a threat to the public safety, health, or welfare, the Chief of Police shall issue a ninety (90) day temporary introduction, dating, or escort service permit while the complete fingerprint background investigation is being completed by the California Department of Justice pursuant to TMC 5-18-06(b). If the complete fingerprint background investigation is not completed by the California Department of Justice on the expiration date of the ninety (90) day temporary permit, the Chief of Police may extend the expiration date by not more than sixty (60) days.
(b) Qualifications. To qualify for a temporary permit, the applicant shall:
(1) File a permit application pursuant to TMC 5-18-04;
(2) Reside in Stanislaus County or a county contiguous to Stanislaus County;
(3) Submit proof of insurance in the amount required by TMC 5-18-10(i); and
(4) Be subject to a background check of references and law enforcement agency records within Stanislaus County and counties contiguous to Stanislaus County pursuant to a written release from applicant.
(c) Appeal of Denial. If the Chief of Police denies the applicant a temporary permit, the applicant may appeal such denial to the City Manager pursuant to TMC 5-18-18.
(1170-CS, Amended, 07/10/2012; 770-CS, Enacted, 02/25/1992)
5-18-08 Granting of permits.
The Chief of Police shall grant the permit if the Chief of Police makes all of the following findings:
(a) That all the information contained in the application and supporting data is true;
(b) That the applicant has not been convicted of any violation of this chapter or any law relating to fraud or moral turpitude and is of good moral character; and
(c) That the applicant agrees to abide by and comply with all the conditions of the permit and applicable laws.
(1170-CS, Amended, 07/10/2012; 770-CS, Enacted, 02/25/1992)
5-18-09 Term of permits.
The term of the permit shall be for no more than the term of a regular business license. A renewal application shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be accompanied by a fee established by resolution of the Council.
(1170-CS, Amended, 07/10/2012; 770-CS, Enacted, 02/25/1992)
5-18-10 Permits: Conditions.
The following conditions shall apply to each and every introduction, dating or escort service permit issued:
(a) The applicant shall be eighteen (18) years or older;
(b) The applicant shall not have been convicted of a crime involving honesty or veracity, violence, dangerous or deadly weapons, or not more than once of the use or possession of narcotics or other such illicit substance;
(c) The applicant shall not have been convicted of a felony or a misdemeanor involving moral turpitude under any State or Federal law;
(d) The applicant shall not be dishonest or irresponsible in relation to the introduction, dating or escort services which are regulated by this chapter;
(e) The applicant shall have the necessary mental or moral qualifications to perform the duties of an introduction, dating or escort service operator;
(f) The applicant shall operate in accordance with the provisions and requirements of the laws of the United States of America, the State of California, the County of Stanislaus, and the City of Turlock;
(g) The applicant shall take reasonable steps and procedures necessary to insure the privacy rights of its patrons, as guaranteed by California Constitution Article I, Section 1;
(h) The applicant shall only perform introduction, dating or escort services for persons over eighteen (18) years of age;
(i) The applicant shall obtain and maintain insurance acceptable to the City of Turlock on forms provided by the City of Turlock. Such proof of insurance must be submitted to the City Attorney for approval as to coverage and insurer, in the following minimum policy limit amounts:
(i) General Liability: One Million ($1,000,000.00) Dollars per occurrence for bodily injury, personal injury and property damage.
(ii) Employer’s liability: One Million ($1,000,000.00) Dollars per accident;
(j) The applicant shall first obtain zoning clearance from the City of Turlock Community Development Department, Planning Division, and shall comply and operate pursuant to all applicable zoning laws, regulations, and special conditions as administered by the City of Turlock Community Development Department by authority of the Turlock Municipal Code;
(k) The applicant shall keep a record of the date and hour of the performance of each introduction, dating or escort service, including but not limited to the name and address of the patron and the name of the employee arranging the service, and shall make such records open and available upon demand for inspection by the police whenever same has a reasonable suspicion that the permittee has violated a federal, state or local law; and
(l) Any and all other conditions established by the City Clerk or the City Manager, or his or her designee, on any one individual permit to ensure the public health, safety and general welfare.
(770-CS, Enacted, 02/25/1992)
5-18-11 Permits: Denial, suspension, and revocation.
(a) A permit may be suspended or revoked by the Chief of Police if the holder thereof has:
(1) Violated any of the provisions of this Code, including this chapter.
(2) Violated any provision of State or Federal law subsequent to the provisions of this chapter.
(3) Made a materially false or misleading statement or omission of fact on any permit application, or renewal application, or in any supplementary materials submitted therewith.
(b) When a decision to suspend has been made, the permit holder shall be given notice of the suspension and the reason(s) therefor. Should the holder wish to contest the action, they may request an appeal hearing pursuant to TMC 5-18-18.
(c) Should the permit renewal date come while a permit is suspended, the holder shall follow renewal procedures specified in TMC 5-18-17 for reactivation of the permit.
(d) Revocation of said permit(s) may occur for repeated or serious violation(s) of this chapter or State law; or for conviction of a felony or of a misdemeanor involving moral turpitude, violence, larceny, or sex crimes.
(1170-CS, Amended, 07/10/2012; 770-CS, Enacted, 02/25/1992)
5-18-12 Effective date of suspension.
Any suspension of a permit shall become effective immediately upon delivery of the written decision of the Chief of Police to the holder at the most recent home or business address on file with the City, or within five (5) days of the deposit of such decision addressed to the holder into the United States Mail by certified mail.
(1170-CS, Added, 07/10/2012)
5-18-13 Surrender of suspended or revoked permit.
Upon a decision suspending an introduction, dating and escort services permit, the permit shall immediately be surrendered to the Chief of Police. Once the reason(s) for suspension are duly remedied and the period of suspension, if applicable, has expired, the Chief of Police, or designee, shall return the permit.
(1170-CS, Added, 07/10/2012)
5-18-14 Permits: Nontransferable.
Any permit issued pursuant to the provisions of this article shall be nontransferable and such shall be used only by the person to whom it has been issued.
(1170-CS, Renumbered, 07/10/2012; 770-CS, Enacted, 02/25/1992. Formerly 5-18-12)
5-18-15 Permits: Display.
(a) The permittee shall display his or her permit at his or her place of business at all times while engaged in any such business.
(b) The permittee shall, upon demand of any peace officer or fire inspector, present such written permission.
(1170-CS, Renumbered, 07/10/2012; 770-CS, Enacted, 02/25/1992. Formerly 5-18-13)
5-18-16 Violation: Penalty.
(a) It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any of the requirements of this article. Any person violating any of such provisions or failing to comply with any of such requirements of this chapter shall be guilty of a misdemeanor.
(b) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this article is committed, continued, or permitted by such person and shall be punishable accordingly.
(c) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of this chapter shall be deemed a public nuisance and may be summarily abated by the City, and shall be regarded as a new and separate offense.
(d) Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine not to exceed One Thousand ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment.
(e) Pursuant to California Government Code Section 38773.7, any person found in violation of the provisions of this chapter a second or subsequent time within a two (2) year period will be subject to treble damages, according to court order.
(1170-CS, Renumbered, 07/10/2012; 770-CS, Enacted, 02/25/1992. Formerly 5-18-15)
5-18-17 Permit: Renewal.
Any permit issued pursuant to this chapter may thereafter be renewed yearly by the applicant, if the permit has not been suspended or revoked, upon the applicant requesting same from the Police Department and paying in advance the renewal fee as established from time to time by resolution of the City Council.
(1170-CS, Renumbered, 07/10/2012; 770-CS, Enacted, 02/25/1992. Formerly 5-18-14)
5-18-18 Permit: Hearing and appeal procedures.
Whenever the Chief of Police has made a decision or ruling to deny, suspend, or revoke any permit issued under this article, the applicant or holder of the permit may appeal the decision by filing a written request for an appeal hearing to the City Manager within ten (10) days of receipt or constructive receipt of the decision. Until the ruling of the City Manager, the administrative decision shall remain in full force and effect whether it will be for denial of an application, suspension, or revocation.
The City Manager shall provide notice to the appellant and a date for the hearing within twenty (20) days of receipt of the appeal. The hearing shall be set within twenty (20) days, unless the applicant or holder requests a continuance. At the hearing, both the applicant or holder and staff shall have the right to appear and to present evidence and arguments which are relevant to the grounds for the appeal, limited to the grounds for appeal stated in the filing of the appeal. The applicant or holder may appear in person or by submitting written material. A nonappearance and not submitting written material shall result in a withdrawal of the appeal.
Within ten (10) days of the hearing, the City Manager shall issue a written decision which states whether the decision of the administrative staff is to be upheld, modified, or reversed. The decision shall be served on the holder or applicant by certified mail, and the decision of the City Manager shall be final.
(1170-CS, Added, 07/10/2012)