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The City Council finds and declares as follows: A. The permit requirements and restrictions imposed by this chapter are necessary to protect the health, safety and welfare of the citizens of Newport Beach; and B. There has been an increase in the incidence of acts of prostitution, pimping and pandering and robbery by use of debilitating narcotics in escort services and the establishment of standards for issuance of permits and restriction on operation would serve to reduce the risk of illegal activity; and C. The restrictions and requirements contained in this chapter reduce the burden on the escot department and permit the deployment of the police personnel such that more serious crimes may be prevented and more important laws be enforced; and D. The regulations and restrictions contained in this chapter tend to discourage escort services from degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable serfice rational relationship to the goals sought to be achieved.

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The City Council finds and declares as follows: A. The permit requirements and restrictions imposed by this chapter are necessary to protect the health, safety and welfare of the citizens of Newport Beach; and B. There has been an increase in the incidence of acts of prostitution, pimping and pandering and robbery by use of debilitating narcotics in escort services and the establishment of standards for issuance of permits and ecsort on operation would serve to reduce the risk of illegal activity; and C.

The restrictions and requirements contained in this chapter reduce personao burden on the police department and permit the deployment of the police personnel such that more serious crimes may be prevented and more important laws be enforced; and D.

The regulations and restrictions contained in this chapter tend to discourage escort services from degenerating into houses of prostitution and the means utilized in this chapter bear servicf reasonable and rational relationship to the goals sought to be achieved. For the purpose of this chapter, the following words and phrases shall mean and include: A. Employee: Any and all persons who work in or about or render any services whatsoever to the patrons or customers of an escort service. Escort: Any person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any place of public resort or within any private quarters.

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Escort service: Any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusements, or who may consort with others about any place of public resort or within any private quarters. Excluded from this definition are any businesses, agencies or persons which provide escort services for older persons as defined in California Welfare and Institutions Code Sectionwhen such services are provided as part of a social welfare and health program for such older persons.

Operator: Any person operating an escort service, including but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession. Person: An individual, firm, partnership, t venture, association, social club, fraternal, organization, t stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, and any political subdivision thereof.

No person shall operate an escort service within the City of Newport Beach without first having obtained an escort service permit pursuant to Sections 5. Any person desiring an escort service permit shall file a written application on the required form with the City Manager who shall refer all such applications to the Chief of Police for an investigation. The applicant shall accompany the application with the appropriate filing fee as established by resolution of the City Council.

For purposes of this section, applicant shall mean the owner of the proposed escort service, if a sole proprietorship; one general partner, if a partnership; one officer or director, if a corporation; and one participant, if a t venture.

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The application shall contain or be accompanied by the following information: 1. The type of ownership of the business, i. The precise name under which the escort service is to be conducted. The complete address and all telephone s of the escort lersonal. A complete list of the names and resident addresses of all proposed employees in the escort service and the names and resident address ecort the manager or managing employee proposed to be principally in charge of the operation of the escort service.

The following personal information concerning the applicant: a. Name and complete residence address.

Two addresses immediately prior to the present address. Written servicr of age. Height, weight, color of hair, eyes and sex. Two front faced portrait photographs at least two rscort by two inches in size taken by the City Manager. The escort service or similar business history and experience of the applicant, including but not limited to, whether or not such person in ly operating an escort service or similar business in this city or other city under or permit, personao had such or permit denied, revoked, or suspended and the reasons therefor.

All criminal convictions, except minor traffic violations, including date and place of each such conviction and reasons therefor. A complete set of fingerprints taken by the Police Department. Authorization for the City, its agents and employees to seek verification of the information contained in the application. Such other information and identification as deemed necessary by the Chief of Police.

A statement in writing ed and dated by the applicant that he or she certifies under penalty of perjury that all of the information contained in the application is true and correct. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation in such a manner as he or she deems appropriate in order to ascertain whether such permit should be issued as requested.

The Chief of Police shall recommend approval, conditional approval, or denial of the application to the City Manager within forty-five 45 days of seervice of the application. Said forty-five 45 day period may be continued for an additional thirty 30 days if necessitated by occurrence of events beyond the control of the Chief of Police.

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pesonal The City Manager may issue such permit as requested unless the City Manager makes any of the following findings: 1. Any person that will be directly escorg or employed in the escort service has been convicted of a violation of Health and Safety Code Section or a violation of Penal Code Sections i,or bor has been convicted in any other State of any offense which, if committed or attempted in this State, would have been punishable as one or more of the above-mentioned offenses, or that any such person is required to register under the provisions of Penal Code Section Any person that will be directly engaged or employed in the escort service, has committed an act which, if done by a permittee under the chapter, would be grounds for suspension or revocation of the permit.

Any person that will be directly engaged or employed in the escort service has had a permit or to operate an escort service business revoked by the granting authority. Any person that will be directly engaged or employed in the escort service has been convicted of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself, herself or another or substantially injure another or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of the escort service.

The operations of the sefvice service would, if allowed, constitute a public nuisance. The applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the permit application process. The application does not contain the information required by Section 5. The applicant has not satisfied the requirements of this chapter. The premises where the escort service business will be conducted does not comply with all applicable laws, including but not limited to, the building, planning, housing and fire codes of the City of Newport Beach.

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All serrvice service permit holders shall comply with the following conditions and any other conditions specified by the City Manager on issuance of the escort service permit: 1. No person granted a permit as herein provided shall operate under any name or conduct business under any deation not specified in his or her permit. The escort service permit holder shall only employ persons who have obtained and then possess a valid employee permit issued pursuant to this chapter.

Every escort service permit holder shall report to the City Manager and the Chief of Police any change of employees, whether by new or renewed employment, discharge or termination, the report to contain the name of the employee and the date of the change.

The report shall be made within five days of the change. The escort service permittee shall take all reasonable steps to ensure the return to the City Manager of the employee permit of all employees no longer employed at the escort service. The escort service permit holder shall conspicuously display the peronal service permit in an easily accessible public place within the escort service.

The escort service shall have a manager on the premises at all times during when the escort service is open. Whenever the escort service is open and the operator is absent, the deated manager s shall be responsible for ensuring compliance with Sections 5.

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The manager of each escort service shall take necessary steps to ensure that copies of the employee permit for each on-duty employee shall be conspicuously displayed in an easily accessible public place within the escort service. The escort service shall comply with all provisions of this chapter and the applicable provisions of the Newport Beach Municipal Code.

No person shall work in or about an escort service in the City of Newport Beach or perform any services in the City of Newport Beach for a customer of an escort service wherever located without first securing an employee permit issued pursuant to Sections 5. Any person desiring an employee permit shall file a written application on the required form with the Director of Finance who shall refer all such applications to the Chief of Police for investigation.

The applicant shall accompany the application with the appropriate filing fee set by resolution of the City Council. A statement of the exact location of which the applicant will be working as an employee of an escort service, including the full street address and all telephone s associated with said location, and the name and address of the escort service.

Name, complete residence address and pwrsonal ; b. addresses immediately prior to the present address of the applicant; c. Written proof of age; d. Height, weight, color of hair, eyes and sex; e. Two front-faced portrait photos at least two inches by two inches in size taken by the City Manager; and f. The escort service or similar business history experience of the applicant, including but not limited to whether or not such person, in ly performing escort services or being employed by an escort service or similar business in this city or other city under or permit, has had prsonal or permit denied, revoked or suspended and the reasons therefor.

A statement in writing ed and dated by the applicant that he or she certifies that under penalty of perjury that all information contained in the application is true and correct. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation in such manner as he or she deems appropriate in order to ascertain whether such permit should be issued as requested.

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The Chief of Police shall make or recommend approval, conditional approval or denial of the application within forty-five 45 days of filing of an application to the City Manager. Said forty-five 45 day period may be continued for an additional thirty 30 days if necessitated by the occurrence of events beyond the control of the Chief of Police. The City Manager shall issue such permit as requested unless the City Manager makes any of the following findings: 1.

The applicant has been convicted of a violation of Health and Safety Code Section or a violation of Penal Code Sections,or bor has been convicted in any other State of any offense which, if committed or attempted in this State, would have been punished as one or more of the above-mentioned offenses or that the applicant is required to register under the provisions of Penal Code Section The applicant has committed an act, which, if done by a permittee under this chapter, would be grounds for suspension or revocation.

The applicant has had a permit to operate an escort service or to work in or about an escort service revoked by the granting authority. The applicant has been convicted of an act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself, herself or another or substantially injure another or an act of violence, which act or acts are substantially related to the qualifications, functions, or duties of an employee of the escort service. The applicant has knowingly made a false, misleading, or fraudulent statement of fact to the City in the permit application process.

All employees of the escort service shall comply with the following conditions and any other conditions specified by the City Manager on issuance of the employee permit. The employee of the escort service shall carry a photo identification card prepared and issued by the City Manager on the person when working pursuant to permit.

If an employee changes his or her business address, he or she shall, within seven days after such change occurs, obtain from the City Manager a new photo identification card and advise the Police Department, in writing, of the new business address.

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Every employee shall conspicuously display the employee permit in an easily accessible public place within the escort service. Every escort service permit holder shall report immediately to the Personnal of Police any and all changes of ownership or management of the escort service including but not limited to changes of manager or other persons principally in charge, stock holders holding more than ten percent of the stock of the corporation, officers, directors, and partners, any and all changes of name, style or deation under which the business is to be conducted, and all changes of address or telephone s of the escort service business.

A change of location of any premises may be approved by the Chief of Police and the Director of Finance provided that there is compliance with all applicable regulations of the City of Newport Beach.

The City Council shall establish by resolution, and from time to time, amend fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required under any other chapter of this Code. Commencing on the date of adoption of this chapter, permits are to be issued in accordance with the provisions of this chapter. Existing escort services may continue in effect until one hundred and eighty days after adoption of this chapter.

Within one hundred and eighty days, existing escort services shall apply for an escort service permit pursuant to Sections 5. Persons currently employed by an escort service may remain in such employment until one hundred and eighty esdort from the date of adoption of this chapter. Within one hundred and eighty days, each such person shall apply for an employee permit pursuant to Sections 5.

Reasonable extensions of the time period specified above shall be granted by the City Manager upon a proper showing and upon a timely request therefor. No permit issued hereunder shall be transferrable to any other person or establishment; provided, however, an additional location or change of location of an escort service will be allowed upon thirty 30 days prior written notice to the Chief of Police and City Manager and the payment of the appropriate transfer fee.

All escort service permits and employee permits shall be issued for a period of twelve 12 months and shall expire twelve 12 months from its issuance. Applications for the next insuring permit shall be filed with the City Manager before the expiration of the existing permit.

Such renewal applications must be filed no later than thirty 30 days peersonal to the expiration of the permit to permit a lapse of the permit. Each applicant for renewal shall file such information as may be required by the Chief of Police to update the information required for his or her original permit application.

The applicant shall accompany the application for renewal with the appropriate filing fee. It shall be unlawful for any owner, proprietor, manager or other person in charge of any escort service to employ any person who is not at least eighteen 18 years of age. It shall be unlawful for any owner, proprietor, manager or other person in charge of an escort service to allow any person under the age of eighteen 18 years to patronize an escort service as a customer or patron.

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