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HomeMy WebLinkAboutOrd 0992ORDINANCE N0. AMENDING THE MUNICIPAL CODE OF THE CITY OF BURLSNGAME BY ADDING CHAPTER 6.42 (ESCORT BUREAUS AND INTRODUCTORY SERVICES) TO TITLE 6 (BUSINESS LICENSES AND REGULATIONS) PROVIDING FOR PERMITS AND REGULATION OF ESCORT BUREAUS AND INTRODUCTORY SERVICES E M E R G E N C Y The City Council of the City of Burlingame does ordain as follows: Section 1: The Municipal Code of the City of Burlingame is hereby amey adding Chapter 6.42 to Title 6 which shall read as follows: Sections: "CHAPTER 6.42 ESCORT BUREAUS AND INTRODUCTORY SERVICES 6.42.010 Purpose 6.42.020 Definitions 6.42.030 Permit required 6.42.040 Separate premises 6.42.050 Individual persons 6.42.060 Fictitious name 6.42.070 Written applications required 6.42.080 Contents 6.42.090 Notice of change 6.42.100 Investigation 6.42.110 Registration of escorts 6.42.120 Registration card 6.42.130 Records 6.42.140 Approval of permit 6.42.150 Notice of decision 6.42.160 Appeal 6.42.170 Waiver 6.42.180 Notice of hearing 6.42.190 Hearing and decision 6.42.200 Issuance of permit 6.42.210 Duration 6.42.220 Display of permit 6.42.230 Assigning of permit prohibited 6.42.240 Suspension 6.42.250 Appeal of suspension 6.42.260 Order of suspension 6.42.270 Revocation 6.42.280 Penalties 6.42.290 Exemptions - 1 - §6.42.010 PURPOSE. The purpose of this Chapter is to set forth rules and regulations governing escort bureaus and introductory services within the territorial limits of the City of Burlingame, to require a permit therefor, and to provide pen- alties for violation of the provisions of this Chapter. 56.42.020 DEFINITIONS. For the purpose of this Chap- ter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended. "Appellant" means a person who perfects an appeal pursuant to this Chapter. "Applicant" means a person who files an application for a permit or renewal of such permit as provided herein. "City" means City of Burlingame. "Day" means calendar day. "Escort" means a person who for pecuniary compensa- tion or any consideration escorts or accompanies others to, from or about social affairs, entertainments, places of public assembly or places of amusement, or who may consort with others, for hire or reward, about any place of public or private resort or within any private quarters. "Escort Bureau" means any business or agency which, for pecuniary compensation or any consideration furnishes, or offers to furnish, escorts or persons who accompany others to, from, or about social affairs, entertainments, places of public assembly, or places of amusement, or who consorts with others, for hire or reward, about any place of public or private resort or within any private quarters. "Introductory Service" shall mean a service offered or performed for any pecuniary compensation or other consider- ation by any person, the principal purpose of which is to aid individuals to become socially acquainted or to otherwise assist individuals to meet for social purposes, or which service is generally known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining informa- tion about others to be used for social purposes. "Non -Profit Organization" means any government, reli- gious or non-profit association or institution exempt from real property taxation under Article XIII of the Constitution or the Revenue and Taxation Code of the State. "Notice" means written notice, given by personal ser- vice upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known Service of such notice shall be effective upon the com- of_ personal service, or upon the placing of the same in - 2 - the custody of United States Postal Service. "Permittee" means any person who shall be granted a permit as provided herein. "Person" means any individual person. §6.42.030 PERMIT REQUIRED. any person to conduct, manage or carry introductory service unless there has It shall be unlawful on any escort bureau been granted to such for or per- son a valid permit therefor, Chapter. pursuant to the provisions of this §6.42.040 SEPARATE PREMISES. A separate permit is re- quired for each location within Burlingame for each escort bureau or introductory service. §6.42.050 INDIVIDUAL PERSONS. No Permit under this Section shall be issued to, or in the name of, any organization, group, corporation, partnership or any entity other than an in- dividual person. §6.42.060 FICTITIOUSNAME. The business may be adver- tised and carried on by the permittee under a fictitious name in the manner permitted by law if such fictitious name is first ap- proved by the Police Chief. §6.42.070 WRITTEN APPLICATIONS REQUIRED. An applica- tion for a permit or renewal of suc permit for an escort bureau or introductory service with the License Collector shall be in writing on forms provided by the City. The original application fee for an escort bureau or introductory service permit is $225.00. The application fee for a renewal of such permit is $200.00. The application fee is established to cover part of the cost of the investigation and processing of applications and is not refundable. Any such application shall be verified as pro- vided by the California Code of Civil Procedure for the verifi- cation of pleadings. 56.42.080 CONTENTS. Each application shall contain: (a) Name and address of applicant. (b) Names and addresses of all escorts employed or intended to be employed by the applicant. (c) The address of the premises where the escort bureau or introductory service will be located. (d) The name, residence and business ad- dress and written consent of the owner of the premises, who shall indicate his consent by signing the application in the space provided. 3 - (e) The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated. (f) Whether or not any person mentioned in subsections (a), (b), or (d) of this sec- tion has ever been arrested; and if so, the details of the arrest, the nature of the charge and its disposition. (g) The hours of operation. (h) Such other related information as the License Collector may require. §6.42.090 NOTICE OF CHANGE. Whenever any change oc- curs relating to the written information required by 96.42.080, the applicant or permittee shall give written notification of such change to the License Collector within 24 hours after such change. §6.42.100 INVESTSGATION. The Police Department shall conduct an appropriate investigation to determine whether said permit should be issued in accordance with the provisions of this chapter, as hereinafter set forth. The Police Chief may request the assistance of any City Department for the purpose of such in- vestigation and he shall consider any relevant factual material relating to such application. The Police Chief may cause the fingerprints to be taken of any person referred to in subsections (a), (b), or (d) of §6.42.080 of this ordinance. §6.42.110 REGISTRATION OF ESCORTS. No person shall act as an escort, whether self-employed, employed by a permittee of the City, or employed by an agency having its principal place of business outside the City until such escort shall have been issued a registration card by the Police Department. The registered es- cort shall always carry his or her registration card on his or her person while within the City of Burlingame. §6.42.120 REGISTRATION CARD. (a) Application. An application for a police registration card required under this Chapter shall show: (1) The present address of the applicant. (2) The two previous addresses, if any, immediately prior to the present address of the applicant. (3) Written statements of at least 5 bona fide residents of the County that the applicant is of good moral character, - 4 - (4) Written proof that the appli- cant is over the age of eighteen years. (5) Applicant's height, weight, color of eyes and hair. (6) Two portrait photographs, at least two inches by two inches, taken within the last 60 days. (7) Business, occupation, or em- ployment of the applicant for the three years immediately preceding the date of the application. (8) Whether or not the applicant has ever been arrested; and if so, the details of the arrest, the nature of the charge, and its disposition. (9) A certificate from a medical doctor stating that the applicant has, within thirty days immediately prior thereto, been examined and found to be free of any contagious or communicable disease. (10) Such other identification and information necessary to discover the truth of the matters hereinabove speci- fied as required to be set forth in the application. (b) Fingerprints. Nothing contained herein shall be construed to deny to the Police Chief the right to take fingerprints and additional photographs of the applicant, or shall anything contained herein be con- strued to deny the right of the police to con- firm the height and weight of the applicant. (c) Expiration. The registration card shall be valid for a period of one year, after which time it can be renewed. X6.42.130 RECORDS. The permittee shall maintain a dupli Cate record o£ every transaction whereby any escort is employed or engaged, or whereby any introductions are arranged for or on be- half of any patron, customer or person. The duplicate of such record shall be filed with the Police Department within 24 hours after such transaction and shall include the following information: - 5 - (d) Fee. The fee for such registration card shall be $10.00 for the first year and $10.00 for each renewal. X6.42.130 RECORDS. The permittee shall maintain a dupli Cate record o£ every transaction whereby any escort is employed or engaged, or whereby any introductions are arranged for or on be- half of any patron, customer or person. The duplicate of such record shall be filed with the Police Department within 24 hours after such transaction and shall include the following information: - 5 - (a) The date and hour of the trans- action. (b) The name, address and telephone number of the patron, customer, or person requesting or employing the escort bureau or introductory service; and (c) The name of the escort furnished or other persons who were introduced or arranged to be introduced. §6.42.140 APPROVAL OF PERMIT. After an investigation, the License Collector shall approve t e application for the permit or renewal of a permit for an escort bureau or introductory ser- vice if he finds: (a) That a completed written appli- cation form therefor has been filed; and (b) That the required application fee therefor has been paid; and (c) That as a result of his investi- gation all applicable provisions of this Chapter, with regard to such permit appli- cation have been met; and (d) That the operation by the appli- cant will be carried on in a building, structure and location which meets all of the health, zoning, fire, building and safety requirements and standards of the laws of the State of California and ordi- nances of the City applicable to such business operation; and (e) That the applicant; his employee, agent or any person connected or associated with applicant as partner, director, inde- pendent contractor, officer, stockholder, associate or manager: (1) has not been convicted in a court of competent jurisdiction by final judgment of: (a) an offense involving the presentation, exhibition, or per- formance of an obscene production, motion picture or play; or (b) an offense involving lewd conduct; or - 6 - (c) an offense involving prostitution, pimping or pandering; or (d) An offense involving larceny or extortion; or (e) An offense involving the use of'force and violence upon the person of another; or (f) an o££ense involving conduct with children; or (g) an offense involving the maintenance of a nuisance in connec tion with the same or similar busi- ness operation; and (2) has not committed within the last five years any offense described in subsections (a) through (g) of 96.42.140 of this Chapter; and (3) has not allowed or permitted acts of sexual misconduct to be committed in prior business operations; and (E) That the applicant has not knowingly made any Ealse, misleading or fraudulent state- ment of a material fact in the application for a permit, or in any report or record required to be filed with any agency of the City; and (g) That the applicant has not had a similar type permit previously revoked for good cause within the past year unless the applicant has shown a material change in circumstances since the date of revocation. §6.42.150 NOTICE OF DECISION. Notice of decision of the License Collector shall be made to -the applicant or to any other person requesting such notice within 45 days after receipt of application for a permit or renewal of such permit under this Chapter. §6.42.160 APPEAL. Any person aggrieved by the deci- 'sion of the License Collector with reference to the approval or denial of an application for a permit or renewal of such permit or suspension of a permit, shall have the right of appeal. An appeal must be perfected within 15 days after notice of the deci- sion or Order of Suspension by filing with the City Manager a letter of appeal briefly stating therein the basis for such appeal, together with a filing and processing fee in the sum of $100.00. - 7 - §6.42.170 WAIVER. Failure within said 15 days shall constitute a to a hearing, but the City Manager, in theless grant such a hearing. to file a letter of appeal waiver of appellant's right his discretion, may never - §6.42.180 NOTICE OF HEARING. The City Manager shall fix the time and place of the hearing�at a date no more than 15 days after his receipt of the letter of appeal. The City Manager shall be the Hearing Officer. The City Manager shall give the appealing party and any other person requesting the same at least 5 days' notice of the time and place of such haring. The notice shall be substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held at on at the hour of at which time you may show cause why the appeal which you have filed should be sustained." §6.42.190 HEARING AND DECSSION. At the time and place set for the hearing upon t e appeal from the decision of the License Collector, the Hearing Officer shall give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the License Collector should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision taken by the License Collector. The Hearing Officer shall prepare a written report.. Such report shall contain a brief summary of the evidence consi- dered, findings of fact and the recommendations of the Hearing Officer. In addition, such report shall contain a decision which shall be final and conclusive. The City Manager shall transmit said decision to the License Collector who shall comply with said decision and who shall notify the applicant of the disapproval with a copy of the application upon which the reasons have been endorsed by first class mail. (1) Upon receipt of the appeal, the City Clerk shall set the matter for hearing before the Council, at a regular meeting thereof, with- in 30 days from the date of filing the appeal, and shall give written notice of such hearing to the applicant at his address set forth in the appeal by first class mail at least 10 days prior thereto. - 8 - In the event a permit has been denied, applicant shall have 10 days from the date of mailing the notice within which to appeal to the City Council by filing a written application for a public hearing with the Clerk of the City. Notice and a public hearing shall be given as follows: (1) Upon receipt of the appeal, the City Clerk shall set the matter for hearing before the Council, at a regular meeting thereof, with- in 30 days from the date of filing the appeal, and shall give written notice of such hearing to the applicant at his address set forth in the appeal by first class mail at least 10 days prior thereto. - 8 - (2) On the date set, the Council shall hear the matter, and may continue it from time to time before reaching a decision. I£ the Council finds that the applicant has satisfactorily met all of the requirements o£ this Chapter, it shall order the issuance of the permit and the business license. If it finds that the requirements have not been met satisfactorily, it shall deny the permit and license. (3) All findings of the Counoil shall be final and conclusive upon the applicant. X6.42.200 ISSUANCE OF PERMIT. If the application for a permit or renewal of such permit is approved, the License Collec- tor shall issue said permit. The License Collector, in issuing permits, shall strictly limit such permits to the terms of the application. §6.42.210 DURATION. The permit shall expire one year after the date of issuance, provided however, such permits may be renewed for additional periods of one year upon the approval of the License Collector. 56.42.220 DISPLAY OF PERMIT. Every person holding a permit issued pursuant to this _:Chapter shall keep the same posted in a conspicuous place upon the licensed premises in open and clear view. 56.42.230 ASSIGNING OF PERMIT PROHIBITED. The assign- ment or attempt to assign any permit issued hereunder is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void. §6.42.240 SUSPENSION. The License Collector shall sus- pend any permit issued hereunaeer, if he finds: (a) That the operation, as conducted by the applicant does not comply with all the health, zoning, fire, building and safety re- quirements and standards of the laws of Cali- fornia and ordinances of the City applicable to such business operation; or (b) That the permittee, his employee, agent or any person connected or associated with the permittee as partner, director, inde- pendent contractor, officer, stockholder, associate or manager: (1) has been convicted in a court of competent jurisdiction, by Final judg- ment, of: (a) an offense involving the - 9 - presentation, exhibition, or per- formance of an obscene production, motion picture, or play, or (b) An offense involving lewd conduct; or (c) An offense involving titution, pimping or pandering; pros- or (d) An offense involving larceny or extortion; or (e) An offense involving the use of^force and violence upon the person of another; or (f) An offense involving conduct with children; or mis- (g) An offense involving the maintenance of a nuisance in connec- tion with the same or similar busi- ness operation; or (2) has committed within the last 5 years any offense described in subsections (a) through O of §6.42.240 (B) (1) of this Chapter; or (3) has violated any provisions of this Chapter; or (4) has allowed or permitted acts of sexual misconduct to be committed in busi- ness operations; or (c) That the permittee has knowingly made false, misleading, or fraudulent statement of a material fact in the application for a permit, or in a report or record required to be filed with any City agency; or (d) That the business is a public nuisance or has been a public nuisance at any time within the last 5 years; or (e) That the permittee has had a similar type permit previously revoked for good cause and has not shown a material change in circum- stances since the date of revocation. §6.42.250 APPEAL OF SUSPENSION. The determination of the License Collector with regard to matters o£ suspension shall be appealable in the time and manner set forth in §6.42.160 through §6.42.190, inclusive, of this Chapter. 56.42.260 ORDER OF SUSPENSION. The License Collector in the case of such suspension, shall serve the permittee with a written Order of Suspension, which shall state the reasons for such suspension. The said order shall be effective immediately if personally served, or 48 hours after the same has been depos- ited in the course of transmission in said United States postal service. Immediately upon such an order becoming effective, the permittee shall cease all operations under such permit. 56.42.270 REVOCATION. The suspension shall become a revocation 15 days after— tie Order of Suspension becomes effective unless the permittee files an appeal of the Order of Suspension in the manner set forth in §96.42.160 through 6.42.190, inclusive, of this Chapter. where an appeal is filed, the Order shall be stayed pending a determination thereon by the Hearing Officer, who shall act upon the same in the manner set forth in 5§6.42.160 through 6.42.190 inclusive, of this Chapter. Such suspension shall become a revocation if the Hearing Officer upholds the suspension. The determination of the Hearing Officer shall be final and conclusive, unless an appeal is taken to the City Council in the manner pro- vided in §6.42.190 of this Chapter. §6.42.280 PENALTIES. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00, or by imprisonment for a period of not to ex- ceed 6 months, or both such fine and imprisonment. §6.42.290 EXEMPTIONS. The provisions of this chapter chall not apply to or affect the lawful business of any employ- ment agency licensed under the laws of the State or any bond fide non-profit organization. Section 2: Severability. If any section, subsection, subdivision, paragraph, sentence, olause or phrase of this Chap- ter or any part thereof, is for any reason held to be unconstitu- tional or invalid, or ineffective by any court of competent juris- diction, such decision shall not affect the validity or effect- iveness of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence,', clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 3: Urgency. It is hereby declared that this 'ordinance is an ordinance for the immediate preservation of the public peace, safety, health and welfare and is an emergency mea- sure as provided by law and shall take effect upon its final passage and adoption. The City Council finds that heretofore the operation of escort bureaus and introductory services without regulation has resulted in crimes against persons, property and public decency in that these businesses by their natures, attract persons inter- ested in prostitution and other sexual crimes and unless regu- lated, illicit and illegal sexual activities can take place within the business premises. Section 4: Publication. This ordinance shall be published once as required by law. Mayor I, HERBERT K. WHITE, City Clerk of the City of .'Burlingame, do hereby certaai��fy that the foregoing ordinance .was introduced and adopted at usq meeting of the City Council held on lune 2p � 1973, by unanimous vote, as follows: 'i AYES: COUNCILMEN: Amstrup-Cusick-Mangirii-Martin 'NOES: COUNCILMEN: None COUNCIZMEN: Crosby _o�t�c�,o .oar^d i C`,-C,$✓f g -'sem City lerk