Agenda Item No. 8b December 9, 2008

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1 Agenda Item No. 8b December 9, 2008 TO: FROM: SUBJECT: Honorable Mayor and City Council Members Attention: David J. Van Kirk, City Manager Rich Word, Chief of Police Shana Faber, Assistant City Attorney ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING CHAPTER 9.09 TO THE VACAVILLE MUNICIPAL CODE, RELATING TO SOCIAL ESCORTS, ESCORT BUREAUS AND INTRODUCTORY SERVICES REGULATIONS DISCUSSION: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING FEE SCHEDULE RELATED TO APPLICATIONS FOR ESCORT LICENSES In recent years there has been an increase in escorts, escort bureaus, and introductory services, which provide social escorts or otherwise introduce persons to one another socially for a fee. A number of these services operate as fronts for prostitution and other illegal activities. Accordingly, many cities and counties have adopted regulatory ordinances requiring that social escorts be licensed and undergo a criminal history background check. The Vacaville Police Department has discovered that escort services are being offered to citizens of Vacaville via services such as Craigslist, an on-line classified listings service, when in fact many of these escort services are fronts for individual prostitutes working out of local hotel rooms. Although such individuals are arrested and cited whenever there is probable cause to do so, an ordinance is necessary so that the City can have the ability to prohibit anyone who has a recent prostitution or drug related conviction from providing such services. Additionally, such an ordinance is necessary in order to regulate and oversee individuals who are providing social escort and/or introductory services within the City. The subject ordinance requires that any person who offers escort services in the City of Vacaville must obtain an escort license from the Vacaville Police Department. Other pertinent provisions of the ordinance include: The applicant must be at least 18 years of age and cannot have been convicted of a specified criminal activity, defined as conviction of any sexually related crime or of any offense involving the sale of a controlled substance, within the last five years where such conviction is of a felony offense and/or multiple misdemeanor offenses, or within the last two years if the conviction is of a single misdemeanor offense. Prohibits certain advertising practices that infer or imply that any form of sexual service is being offered. Requires that all escort bureaus and introductory services keep a daily register listing its clients and all services provided, which shall be made available to the Vacaville Police Department for purposes of investigation of an alleged violation of a local, state or federal law, or the enforcement thereof. Prohibits a minor from working as an escort, and prohibits the providing of escort or introductory services to minors without the consent of the minor s parent or legal guardian. 1

2 Prohibits any escort, escort bureau or introductory service from providing private meeting rooms for their patrons, or from paying or accepting a referral fee to or from any third party (e.g., a hotel/motel operator) to do so. Violators of the ordinance may have their escort license and/or business license suspended or revoked. Additionally, attached is the resolution and fee schedule for the Vacaville Police Department to recoup the costs of processing licensing and renewal of licensing applications. Applicants for the initial license will be charged an $80.00 fee, which is based upon an estimated two hours of staff time to verify the information in the application, and an $80.00 fee to process the applicant s fingerprints with the Department of Justice and FBI. License renewal applicants will be charged a $40.00 fee, which is based upon an estimated one hour of staff time to verify any changes to the applicant s licensing information. The subject ordinance is endorsed by the Vacaville Chamber of Commerce. RECOMMENDATION: 1. By title only, to introduce the subject ordinance. 2. By simple motion, to adopt the subject resolution. Attachments: Ordinance Resolution Adopting Fee Schedule Fee Schedule 2

3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING A NEW CHAPTER 9.09 TO THE VACAVILLE MUNICIPAL CODE RELATING TO SOCIAL ESCORTS, ESCORT BUREAUS AND INTRODUCTORY SERVICES REGULATIONS THE CITY COUNCIL OF THE CITY OF VACAVILLE DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council of the City of Vacaville hereby finds that: A. Escort Bureaus and Introductory Services, because of reputation and past experience in the city and other communities, are recognized as having objectionable characteristics when persons with criminal tendencies are permitted to operate such establishments and services. The operation of such establishments and services by such persons can be detrimental to the health, safety and welfare of the community, to the continued economic development and vitality of the community, and to the cause of attracting tourists, visitors and businesses to the community. To ensure that such establishments and services are free from criminal and corruptive elements and practices, it is necessary to regulate persons involved in the operation of such establishments and services. B. A system of requiring regulatory licenses for Escorts will assist in assuring illegal activities do not occur in connection with such establishments and services within the city. If criminal activity occurs, or if other provisions of this chapter are violated, the licenses are subject to revocation. Criminal liability also exists for a violation of this chapter. These provisions will provide the Police Chief with both preventative and investigatory tools to control illegal activity in such establishments and services, and will promote and protect the public health, safety and welfare. C. By the definitions of Escorts, Escort Bureaus and Introductory Services contained in Section of this chapter, it is the intent of the City Council to prevent evasion of the provisions of this chapter through the device of calling such occupation, establishment or service by a new or different name. D. This chapter is enacted pursuant to the provisions of Business & Professions Code Section 16000, and Article XI, Section 7 of the California Constitution. E. The provisions of this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Vacaville, including but not limited to, all applicable zoning regulations, business license provisions, building code, and fire, electrical, plumbing and health and safety code regulations. F. No provision in this chapter shall be construed to imply that any act is allowed which is specifically precluded by state or local law. Section 2. Chapter 9.09 of the Vacaville Municipal Code entitled Social Escorts, Escort Bureaus and Introductory Services Regulations, is adopted to read as follows: 1

4 CHAPTER 9.09 SOCIAL ESCORTS, ESCORT BUREAUS AND INTRODUCTORY SERVICES REGULATIONS Escort License Required; Deadline for Compliance Definitions Minimum Qualifications Licensing Requirements Investigation and Action on Application Denial, Revocation, Restriction or Suspension of Escort License Administrative Appeal and Hearing Process Judicial Review Registration and Notification Requirements Hours of Operation Prohibited Advertising Practices Daily Registers Minors On-Site Managers Operating Requirements Inspection by Government Officials Owner and Operator Responsibility; Denial, Revocation, Restriction or Suspension of Business License Remedies Cumulative; Each Day A Separate Offense Public Nuisance Criminal Penalties Civil Injunction Administrative Fines and Costs ESCORT LICENSE REQUIRED; DEADLINE FOR COMPLIANCE. A. It is a violation of this chapter for any person to engage in the occupation of Escort, and any Escort Bureau or Introductory Service to employ or retain such a person, unless such person first obtains and continues to maintain in full force and effect a valid Escort License issued by the Police Chief pursuant to this chapter. B. All persons subject to this chapter shall have thirty (30) calendar days from the effective date of this chapter to apply for an Escort License, and to comply with the operational requirements of this chapter DEFINITIONS. A. Applicant. The term Applicant shall mean a person who is required to file an application for an Escort License. B. Compensation. The term Compensation shall mean the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. C. Employed or Retained By. The term Employed or Retained By shall include: 1. Any person who is a directly paid employee of an Escort Bureau or Introductory Service; 2. Any person whose association with an Escort Bureau or Introductory Service is that of an independent contractor who receives compensation for Escort or Introductory Services provided to customers of the establishment or service; and 3. Any person who receives a referral of customers from an Escort Bureau or Introductory Service and who at any time before or after the referral arranges in any way for compensation to flow to the Escort Bureau or 2

5 Introductory Service or any of its Owners (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or such parties record such compensation in their financial records). D. Escort. The term Escort shall mean a 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. The term "Escort" shall not include a person hired to care for the elderly, ill or disabled, or a person otherwise known as a baby-sitter, nanny or nursemaid hired to care for minors. E. Escort Bureau. The term Escort Bureau shall mean an establishment which, for compensation, furnishes or offers to furnish Escorts. F. Introductory Service. The term Introductory Service shall mean a service which, for compensation, helps persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes. G. License. The term License shall mean the authorization issued by the city to an Escort. Also known as an Escort License. H. Licensee. The term Licensee shall mean a person to whom an Escort License has been issued. I. On-Site Manager. The term On-Site Manager shall mean any person(s) designated by the Owner or Operator of the Escort Bureau or Introductory Service as responsible for the on-site day-to-day management and operation of the establishment or service. J. Open Office. The term Open Office shall mean the office at the location from which business is transacted by the Escort Bureau or Introductory Service. K. Operator. The term Operator shall mean any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of an Escort Bureau or Introductory Service. L. Owner. The term Owner shall mean any of the following persons: 1. The sole proprietor of an Escort Bureau or Introductory Service. As used in this chapter, the term sole proprietor shall mean an Escort Bureau or Introductory Service where the Owner is the only person employed by that establishment or service to provide Escort or Introductory Services; 2. Any general partner of a partnership that owns and operates an Escort Bureau or Introductory Service; or 3. Any person who has a twenty percent (20%) or greater ownership interest in a corporation that owns and operates an Escort Bureau or Introductory Service. M. Person. The term Person shall mean any individual, proprietorship, partnership, corporation, firm, association, joint stock company, or combination of the above in whatever form or character. 3

6 N. Police Chief. The term Police Chief shall mean the Police Chief of the City of Vacaville or his or her authorized representative(s). O. Specified Criminal Activity. The term Specified Criminal Activity shall mean: 1. Conviction of a sexually related crime, or conviction of an offense involving the sale of a controlled substance, for which: a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or c. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement from the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses occurring within any twenty-four (24) month period. 2. The fact that a conviction is being appealed shall have no effect on the determination of whether the Applicant or Licensee has been convicted of a Specified Criminal Activity under this chapter MINIMUM QUALIFICATIONS. All Owners of an Escort Bureau or Introductory Service, and all Operators, On-Site Managers, and Escorts employed or retained by such establishments or services, shall: A. Be at least eighteen (18) years of age; B. Have not been convicted of a Specified Criminal Activity; and C. Have not had a license or permit to operate as an Escort, Escort Bureau, and or Introductory Service, or similar license or permit, denied, revoked, restricted or suspended for cause by any governmental entity, or any other disciplinary action taken in connection with such license or permit, within the past five (5) years LICENSING REQUIREMENTS A. Every person who proposes to engage in the occupation of Escort shall file an application for an Escort License with the Police Chief on a form provided by the city and shall pay a non-refundable application, investigation, and licensing fee set forth in the schedule of fees established from time to time by the City Council. B. The completed application form shall set forth the following information: 1. The Applicant's legal name and any other names or aliases used by the Applicant; 2. Present residence address and telephone number; 3. Age, date, and place of birth; 4. Height, weight, hair and eye color; 5. The name and address of the Escort Bureau or Introductory Service where the Applicant is to be employed and the name of the Owner(s) and Operator(s) of the establishment or service; 4

7 6. The names and addresses of any Escort Bureaus or Introductory Services where the Applicant was previously employed or retained as an Escort; 7. Whether the Applicant has been convicted of a Specified Criminal Activity and, if so, the particular statute section, and the date, place, and jurisdiction of each such conviction; and 8. Whether the Applicant has previously been licensed as an Escort, Escort Bureau or Introductory Service in any other jurisdiction, or similar license or permit, and if so, the licensing history of the Applicant for the five (5) years immediately preceding the date of the filing of the application, including whether the Applicant has had such license denied, revoked, restricted or suspended, or has otherwise been disciplined or sanctioned by the licensing board or agency, the reason(s) therefor, and the Applicant s business activity or occupation subsequent to such action having been taken against the Applicant. A copy of any order of denial, revocation, restriction, suspension, or any other form of discipline or sanction taken against the Applicant, shall be attached to the application. D. The following documentation shall be attached to the application form: 1. Two (2) passport-sized (2 X 2 inches) color photographs of the Applicant clearly showing the Applicant's face, and the Applicant shall also complete the LiveScan fingerprinting process. The face size of the photographs, measured from the bottom of the chin to the top of the head (including hair), should not be less than 1 inch or more than 1 3/8 inches. Any fees for the photographs and fingerprints shall be paid by the Applicant; 2. A copy of the Applicant s driver's license or other state-issued identification card; and 3. If the Applicant is a sole practitioner and intends to operate under a name other than that of the Applicant, written proof that the Applicant has registered such fictitious name with the appropriate governmental entity. E. Every application for an Escort License under this chapter shall be verified as provided in Section of the California Code of Civil Procedure for the verification of pleadings INVESTIGATION AND ACTION ON APPLICATION. A. Upon receiving a completed application and the non-refundable application, investigation and licensing fee, the Police Chief shall within a reasonable period, not exceeding forty-five (45) days of the filing of the application, investigate the application and either approve the application, with or without specific terms or conditions, or deny the application. B. If the application is approved, the Police Chief shall write or stamp Granted on the application and date and sign such notation. The Police Chief shall attach to the application an Escort License which shall have appended to it a color photograph of the Licensee, and shall state the Licensee s name, address and the expiration date on the face of the license and any specific terms or conditions. C. The license, if granted shall expire December 31 st of each year and may only be renewed by the Licensee filing with the Police Chief a written request for renewal on a form provided by the city, accompanied by a non-refundable renewal fee set forth in the schedule of fees established from time to time by the City Council and a copy of the license to be renewed. The request for renewal shall be made at least thirty (30) calendar days before December 31 st. 5

8 D. The license, if granted, shall be made available by the Licensee for review by the police department at all times while the Licensee is providing escort services for compensation. E. If the application is denied, the Police Chief shall write or stamp Denied on the application and date and sign such notation. The Police Chief shall attach to the application a statement of the reasons for denial. F. The notice to the Applicant or Licensee of the approval or denial of the application shall be mailed, postage prepaid, to the address listed by the Applicant or Licensee on the application, or shall be delivered to the Applicant or Licensee personally. All notices given pursuant to this chapter shall be deemed given upon the date they are deposited in the United States mail or the date upon which personal service is provided DENIAL, REVOCATION, RESTRICTION OR SUSPENSION OF ESCORT LICENSE. A. An Escort License may be subject to denial, revocation, restriction or suspension by the Police Chief for any of the following conduct on the part of the Applicant or Licensee: 1. Unprofessional conduct, including but not limited to, denial of licensure, revocation, suspension, restriction, or any other disciplinary action taken against an Applicant or Licensee by another state or territory of the United States, or by any other government agency. A certified copy of the decision, order, or judgment shall be conclusive evidence of these actions; 2. Procuring an Escort License by fraud, misrepresentation, or mistake; 3. Violating or attempting to violate, directly or indirectly, or assisting or abetting in the violation of, or conspiring to violate, any provision of this chapter; 4. Conviction of a Specified Criminal Activity, in which event the record of the conviction shall be conclusive evidence of the crime; 5. Impersonating an Applicant or permitting or allowing any Applicant to use a Licensee s identification or qualifications to obtain an Escort License; 6. Impersonating a Licensee, or permitting or allowing any unlicensed person to use a Licensee s Escort License; 7. Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of an Applicant or Licensee under this chapter; or 8. Committing any act punishable as a Sexually Related Crime, or upon a showing that the Licensee has been required to register under the provisions of Section 290 of the Penal Code. B. If the Police Chief receives notice that a Licensee has been arrested and charges have been filed by the appropriate prosecuting agency against the Licensee for any act punishable as a Sexually Related Crime, the Police Chief may suspend the Licensee s Escort License on an interim basis in order to protect the health, safety or welfare of the public. The Police Chief shall take all of the following actions in connection with such suspension: 1. The notice of suspension shall be mailed, postage prepaid at the address last filed with the Police Chief, or shall be delivered to the Licensee personally, and shall contain the following: (a) the reason for the 6

9 interim suspension; (b) the time, date, and place at which the Licensee may appear in advance of the commencement of the interim suspension for the purpose of showing cause to the City Manager or designee as to why the suspension should not be imposed; and (c) the time and date on which the interim suspension shall commence, which shall not be earlier than twenty-four (24) hours following the time and date of service of the notice; and 2. Upon the expiration of the twenty-four (24) hour period prescribed under subparagraph (1) herein, notify any Escort Bureau or Introductory Service that is known to employ or retain the Licensee, that the Licensee s Escort License has been suspended. C. Upon notice to the Police Chief that the charges described in Paragraph B of this section have resulted in a conviction, the suspended Escort License shall become subject to permanent revocation. The Police Chief shall provide notice to the Licensee within ten (10) calendar days that the Police Chief has evidence of a valid record of conviction and that the Licensee s Escort License will be permanently revoked unless the Licensee provides evidence within fifteen (15) calendar days that the conviction is either invalid or that the information is otherwise erroneous. Upon the Licensee s failure to provide such evidence within the fifteen (15) calendar day period, the Licensee s Escort License shall be permanently revoked and the Licensee and any Escort Bureau or Introductory Service that received notice pursuant to Subparagraph (2) of Paragraph B of this section, shall be notified of the revocation within ten (10) calendar days. D. Upon notice to the Police Chief that the charges described in Paragraph B of this section have resulted in an acquittal, or have otherwise been dismissed prior to conviction, the Licensee s Escort License shall be immediately reinstated and the Licensee and any Escort Bureau or Introductory Service that received notice pursuant to Subparagraph (2) of Paragraph B of this section, shall be notified of the reinstatement within ten (10) calendar days ADMINISTRATIVE APPEAL AND HEARING PROCESS. A. After the denial, revocation, restriction or suspension of a license, the Applicant or Licensee may seek review of such action by filing an appeal in the City Clerk s office within fifteen (15) calendar days of the date the Applicant or Licensee was notified of such denial, revocation, restriction or suspension, accompanied by a non-refundable appeal fee set forth in the schedule of fees established from time to time by the City Council. B. Within seven (7) calendar days of the filing of the appeal, the City Clerk s office shall furnish notice to the Applicant or Licensee, setting forth the time and place of the hearing to be conducted by the City Manager or designee. The notice shall be mailed, postage prepaid, to the address listed by the Applicant or Licensee on the appeal, or shall be delivered to the Applicant or Licensee personally, at least five (5) calendar days prior to the hearing date. At the hearing, all parties shall have a right to offer testimonial, documentary, and tangible evidence on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters may be admitted. Any hearing under this chapter may be continued for a reasonable time for the convenience of a party or witness. C. After conducting a hearing in accordance with this section, the City Manager or designee shall affirm, overrule or modify the action taken. Notice of the City Manager s decision shall be mailed, or shall be delivered to the Applicant or Licensee personally, no later than ten (10) calendar days after the close of the hearing. D. Except for a suspension or revocation imposed under Paragraph B or C of Section of this chapter, or Paragraph E of this section, the suspension 7

10 or revocation shall become effective fifteen (15) days following the date of service upon the Licensee of the notice of suspension or revocation. If the Licensee files an appeal within the time and manner prescribed under Paragraph A of this section, the license shall remain in effect until the appeal is finally determined. E. Notwithstanding Paragraph D of this section, an Escort License may be suspended on an interim basis, if the Police Chief finds that such suspension is necessary in order to protect against a serious and immediate threat to the health, safety or welfare of the public caused by the Licensee s exercise of the license. The Police Chief shall follow the notice and hearing procedures prescribed under Paragraph B and or C of Section of this chapter, in connection with such interim suspension. F. Failure to timely appeal the denial, revocation, restriction or suspension of a license will be considered a failure on the part of the Applicant or Licensee to exhaust his or her administrative remedies, for the purpose of seeking judicial review under Section of this chapter. Notwithstanding the foregoing, the fifteen (15) calendar day appeal period may be extended by the City Manager for good cause shown JUDICIAL REVIEW. If the City Manager affirms the denial, revocation, restriction or suspension of a License, the Applicant or Licensee may seek prompt judicial review of such action pursuant to Code of Civil Procedure Section REGISTRATION AND NOTIFICATION REQUIREMENTS. A. Every Escort Bureau and Introductory Service shall, within thirty (30) days of the commencement of operations, and within thirty (30) days of any change in the information required to be reported herein, provide the police department with the following: 1. The names of all Owners of such establishment or service, and of all Operators and On-Site Managers employed or retained by such establishment or service; 2. The names of all Escorts employed or retained by such establishment or service, and a copy of each such person s Escort License; 3. Evidence that each person identified in subparagraphs (1) and (2) has been screened and a background check has been conducted to ensure that no such person has (a) been convicted of a Specified Criminal Activity, and or (b) had a license or permit to operate as an Escort, Escort Bureau and or Introductory Service, or similar license or permit, denied, revoked, restricted or suspended for cause by any governmental entity, or any other disciplinary action taken in connection with such license or permit, within the past five (5) years; and 4. Notification of any intention to rename, change management, or convey the establishment or service to another person, or to move the location of the Open Office of such establishment or service. B. Every Licensee shall notify the Police Chief of a change in the Licensee s home address, and the address of the Escort Bureau or Introductory Service where the Licensee is regularly employed or retained to provide escort services, within thirty (30) days of such change HOURS OF OPERATION. No Owner, Operator, On-Site Manager or other person in charge of an Escort Bureau or Introductory Service shall allow the Open Office of such establishment or service to remain open for business between the hours of 10:00 p.m. and 7:00 a.m. of the following day. 8

11 PROHIBITED ADVERTISING PRACTICES. A. It is a violation of this chapter for any Escort, Escort Bureau or Introductory Service, to state or advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media, that sexual stimulation or sexual gratification, or any form of sexual service is offered or provided in connection with the providing of escort or introductory services. B. The following terms and words may, depending upon the context used, be deemed by the Police Chief to convey that sexual stimulation, sexual gratification and or sexual services are offered or provided: The utmost in discretion", "All our escorts have health certificates", "All our models have health certificates", "Bodies beautiful and girls galore", "Call us and make your point", "Call us we come to you", "Climax", "Couples and swingers", "Desires", "Direct to your room," "Do you want a swinger", "Dominance," "Double delight", "Erotic encounters", "Erotic", "Exciter", "Fantasies", "Fetishes", "For adults only", "Fox hunting", "Fulfill", "Girls to go", "Hard core", "Hot", "Love", "Maid", "maids" or "maid service", "Make your point", "Models, girls, or escorts in the privacy of your hotel or motel room", "Models, girls, or escorts to act out your fantasies", "No need to leave your hotel room", "No need to leave your hotel", "Nude models", "Open 24 hours for your desires," "Open 24 hours for your pleasure", "Rooms provided", "Satisfy", "Seductive", "Sensuous", "Sexy", "Showers", "Showgirls", "Models", "Actresses", "Showguys", "So good", "Someone to enjoy", "Special services", "Spend some time with me", "Spice or spicy", "Submit to pleasure", "Swingers and couples", "Swinging", "Tantalizing", "The pleasure is yours", "Two for one", "Warm", "We come direct to you", "We deliver", "We deliver the goods", "We go out", "We have a model, escort or girl for your every need", "We respond immediately", "You always win", "You won't be disappointed", or terms and words of similar import DAILY REGISTERS. A. All Escort Bureaus and Introductory Services shall maintain daily registers which shall be completed by the close of business every day, and which shall be available for inspection by the police department immediately upon request at all times during regular business hours, for the purpose of enforcement of this chapter or other law enforcement purpose, documenting the date, place and hour of each service provided and the fee charged, the true verified name, address and telephone number of each customer, and the name and city license number of the Escort providing the service. The daily log shall also include the name and job title of the Owner, On-Site Manager and or Operator who was responsible for the running of the Escort Bureau or Introductory Service that day. It shall be a violation of this chapter for any customer of an Escort Bureau or Introductory Service to provide other than his or her true name, address and telephone number. B. Such registers shall at all times be maintained on the premises of the Open Office of the Escort Bureau or Introductory Service for a period of two (2) years, and shall be utilized only for purposes of investigation of an alleged violation of a local, state or federal law, or the enforcement thereof MINORS. It shall be unlawful for any Escort Bureau or Introductory Service to: A. Employ or retain any person who is under the age of eighteen (18) years to provide any escort or introductory services, or to permit such persons to enter or remain on or within the premises of the Open Office of such establishment or service; or B. Provide escort or introductory services to any person who is not at least eighteen (18) years of age, except at the special instance and request of a parent or other person in lawful custody of the minor. 9

12 ON-SITE MANAGERS. A. All Escort Bureaus and Introductory Services shall have a responsible person who shall be at least eighteen (18) years of age and shall be on the premises of the Open Office of such establishment or service to act as the On-Site Manager at all times during which the establishment or service is open to the public. The individual(s) designated as the On-Site Manager shall provide his/her name to the Police Chief to receive all complaints and be given the responsibility and duty to address and immediately resolve all violations taking place on the premises. B. On-Site Managers shall immediately notify the police department and cause to be expelled from the premises any and all persons observed or reasonably suspected to be committing, threatening to commit, or soliciting the commission of (1) any crime on the premises; (2) sexual intercourse, sodomy, oral copulation, or masturbation on the premises; or (3) any other conduct that is a violation of this chapter or of any other state or local law. C. All employees of an Escort Bureau or Introductory Service shall immediately report any conduct described in Paragraph B of this section to the On-Site Manager at the time such conduct is observed by such employee(s). The On-Site Manager shall prepare a written report outlining the conduct observed. Copies of all written reports required by this chapter shall be maintained on the premises and shall be available for inspection by the police department, immediately upon request at all times during regular business hours OPERATING REQUIREMENTS. The following operating requirements shall be applicable to all Escorts, Escort Bureaus, and or Introductory Services, as the context requires: A. All Escort Bureaus and Introductory Services shall maintain an Open Office at the business address provided on the business license application submitted pursuant to Section of this code. The Open Office shall remain accessible to customers, city officials, and law enforcement officers during all hours of operation and the address of that office shall be included in all business cards and published advertisements. B. All telephone lines and numbers and addresses listed to the Escort Bureau or Introductory Service, or advertised as Escort Bureau or Introductory Service telephone numbers or addresses, shall terminate at the Open Office of such establishment or service and at no other location. Under no circumstances shall the Escort Bureau or Introductory Service provide the private telephone number or address of its Escorts or other employees to customers. C. Neither the Escort Bureau or Introductory Service, nor any person employed or retained by such establishment or service, shall provide private meeting rooms for the use of its customers and escorts or other persons to be socially introduced, whether at the Open Office or off the premises of the Open Office. In addition, neither the Escort Bureau or Introductory Service, nor any person employed or retained by such establishment or service, shall pay or receive a referral fee or other compensation to or from any third party (e.g., a hotel or motel operator) for such purpose. For the purpose of this paragraph, private room means any private enclosed space large enough for more than one person to enter. D. All Escorts and other employees of Escort Bureaus and Introductory Services shall perform their work fully clothed, be clean and wear clean outer garments at all times. All outer garments and other clothing required under this paragraph shall be of a fully opaque, nontransparent material which shall not expose the wearer s genitals, pubic area, anus, buttocks, chest, or female breasts below a point immediately above the top of the areola. E. All payments for escort or introductory services, and all tips or gratuities for such services, if any, shall be paid at the Open Office of the establishment or service. 10

13 No payment, tip or gratuity shall be made by any customer directly to any Escort and no Escort shall solicit any pay or accept any tip or gratuity directly from any customer, unless the Escort is the sole proprietor of the establishment or service INSPECTION BY GOVERNMENT OFFICIALS. A. All Escort Bureaus and Introductory Services shall permit representatives of the County Health Department, the City of Vacaville Police Department, Fire Department, Community Development Department, and or other city or county departments or agencies, to conduct a reasonable inspection of the public areas of and areas otherwise open to plain view on or within the premises, to the extent allowed by law and during the regular business hours of the establishment or service, for the purpose of ensuring compliance with state and local law, including, but not limited to, the requirements of this chapter. B. Nothing in this section shall be deemed to prohibit the above-described government officials from pursuing any and all available legal remedies to secure entry into and inspection of the premises of the establishment or service if such entry is refused, or for any other reason allowed by law. C. It is a violation of this chapter for the establishment or service to prohibit or interfere with such lawful inspection of the premises at any time it is open for business OWNER AND OPERATOR RESPONSIBILITY; DENIAL, REVOCATION, RESTRICTION OR SUSPENSION OF BUSINESS LICENSE. A. For the purpose of enforcement of the requirements of this chapter, all Owners and Operators of an Escort Bureau or Introductory Services shall be responsible for the conduct of all of its employees, agents, independent contractors or other representatives, while on the premises of the Open Office of the establishment or service or providing escort or introductory services. B. Notwithstanding Section of this code, the city may: 1. Require the Escort Bureau or Introductory Service in its application for a business license, or for the renewal of a business license, to provide relevant information to the activities of the establishment or service regulated by this chapter; 2. Make reasonable investigations into the information so provided; 3. Charge a business licensing fee sufficient to cover the costs of the business licensing activities regulated by this chapter; and 4. Deny, revoke, restrict or suspend a business license for either of the following causes: (a) an employee, agent, independent contractor or other representative of the establishment or service has committed a violation of local or state law in connection with the operation of such establishment or service, including but not limited to, the requirements of this chapter; or (b) the establishment or service has provided materially false information in its application for a business license REMEDIES CUMULATIVE; EACH DAY A SEPARATE OFFENSE. Any person subject to this chapter who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person. All remedies provided herein shall be cumulative and not exclusive PUBLIC NUISANCE. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public 11

14 nuisance and, as such, may be abated or enjoined from further operation pursuant to Chapter 8.10 of this code CRIMINAL PENALTIES. Any person subject to this chapter who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this chapter commits a misdemeanor. Any person convicted of a misdemeanor shall be subject to punishment by fine and or imprisonment to the maximum extent permitted by state law CIVIL INJUNCTION. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause for injunctive relief ADMINISTRATIVE FINES AND COSTS. In addition to the remedies set forth above, any person subject to this chapter who personally, or through an agent, employee independent contractor or other representative, violates any provision of this chapter may be subject to administrative fines and costs, pursuant to Chapter 1.28 of this code. Section 3. SEVERABILITY. If any section, subsection, phrase or clause of this ordinance is for any reasons held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. ' The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional. Section 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published in accordance with the provisions of Government Code Section I HEREBY CERTIFY that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on the 9 th day of December, 2008, and ADOPTED AND PASSED at a regular meeting of the City Council of the City of Vacaville held on the day of, 2009 by the following vote: AYES: NOES: ABSENT: ATTEST: APPROVED: Michelle A. Thornbrugh, City Clerk Leonard J. Augustine, Mayor 12

15 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE FEE SCHEDULE RELATED TO APPLICATIONS FOR ESCORT LICENSES WHEREAS, the City Council of the City of Vacaville has charged the Vacaville Police Department with enforcing the licensing requirements for persons engaged in providing social escort services in the City of Vacaville; and WHEREAS, the costs of processing such licensing applications include, but are not limited to, staff time and the cost of obtaining a criminal history for each applicant from the Department of Justice and FBI. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Vacaville hereby adopts the attached FEE SCHEDULE RELATED TO APPLICATIONS FOR SOCIAL ESCORT LICENSES. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville held on the 9 th day of December, 2008, by the following vote: AYES: NOES: ABSENT: ATTEST: Michelle A. Thornbrugh, City Clerk 1

16 FEE SCHEDULE RELATED TO APPLICATIONS FOR SOCIAL ESCORT LICENSES The following fees are effective January 1, 2009-December 31, The fees will be adjusted each year to reflect salary, benefit, and cost of living increases and will be published in the City of Vacaville Service and Rental Fee schedule. In connection with the approval of the City of Vacaville Service and Rental Fee, a resolution was adopted by the City Council on July 11, 2006 that provides for an annual adjustment, to be implemented for a total of four years beginning in 2007, based upon the Bureau of Labor Statistic s Consumer Price Index for all Urban Wage Earners and Clerical Workers (CPI-W) for the San Francisco-Oakland-San Jose area. The annual adjustment will reflect the period between May 1 of the preceding year and April 30 of the subject year. Fees may be increased by an amount larger than the CPI adjustment if approved by the City Council. Initial Fees: Application, investigation and licensing fee: $80.00 (based upon 2 hours of Sr. Records Clerk s staff time to verify information in application). LiveScan and Department of Justice/FBI fingerprinting processing fee: $ Renewal Fees: Renewal licensing fee: $40.00 (based upon 1 hour of Sr. Records Clerk s staff time to verify any changes to applicant s licensing information). 2