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
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§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
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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.
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(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,
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(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:
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(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:
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(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
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(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.
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§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.
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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.
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(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
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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