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15.6 Escort Services

SEC. 1074.1. DEFINITIONS.

For the purpose of this Article, the following words and phrases shall mean and include:

(a) 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 amusement, 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 Section 9406, when such services are provided as part of a social welfare and health program for such older persons.

(b) Escort. Any person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places ofamusement or consorts with others about any place of public resort or within any private quarters. Excluded from this definition are any persons employed by any business, agency or person excluded from the definition of “escort service” above.

(c) Person. An individual, firm, partnership, joint venture, association, social club, fraternal organization, joint 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.

(d) 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.

(e) Employee. Any and all persons who work in or about or render any services whatsoever to the patrons or customers of an Escort Service and who receive compensation for such service. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.2. PERMIT REQUIRED.

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on in the City and County of San Francisco, the operation of an escort service as herein defined, without first having obtained a permit from the Police Department. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.3. FILING FEE.

Every person desiring a permit to maintain, operate or conduct an escort service shall file an application with the Chief of Police upon a form provided by said Chief of Police and pay a filing fee which shall not be refundable. Each such person shall pay an additional fee of $500 which shall be used by the Chief of Police to investigate said person's application as provided herein. Any unused portion of such additional fee shall be returned to the applicant at the conclusion of the hearing on his application. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1074.4. APPLICATION FOR ESCORT SERVICE PERMIT.

The application for a permit to operate an escort service shall set forth the proposed place of business and facilities therefor and the name and present address of each applicant.

In addition to the foregoing, any applicant for a permit shall furnish the following information or documents about the applicant if he is an individual, about each director and officer if it is a corporation, about each partner if it is a partnership, or about each member if it is some other organization as listed in Section 1074.1(c):

(a) The present address and the two previous addresses immediately prior to the present address;

(b) Written proof that each person is at least 18 years of age;

(c) Height, weight, color of eyes and hair;

(d) Three portrait photographs at least 2" x 2";

(e) Business occupation, or employment for the three years immediately preceding the date of application;

(f) A listing of all criminal convictions except minor traffic violations including date and place of each such conviction;

(g) If the applicant is a corporation, the name of the corporation exactly as shown in its articles of incorporation together with the names and residence addresses of each stockholder holding more than 10 percent of the stock or beneficial ownership of the corporation. (If one or more of the partners of applicant is a corporation, these provisions apply to corporate applicant);

(h) Whether applicant or each person of whom the above information is required or any other person who will be directly engaged in the management or operation of the Escort Service has been previously granted permits or licenses to engage in a business or occupation by the State of California or by the City and County of San Francisco, or a license or permit issued by the Alcoholic Beverage Control Commission, any of which permits or licenses has/have been revoked by the granting authority because of violation of law or violation of rules promulgated by the regulating agency. (The Chief of Police shall not take into account such revocation if such revocation occurred at least three years prior to the date of the application); and

(i) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

Nothing contained herein shall be construed to deny to the Chief of Police the right to take the fingerprints and additional photographs of the applicant, its officers, directors, or partners nor shall anything contained herein be construed to deny the right of said Chief of Police to confirm, by independent investigation, the truth and accuracy of the above information. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.5. EMPLOYEE PERMIT REQUIRED.

It shall be unlawful for any escort or other employee to work in or about an escort service in the City and County of San Francisco or to perform any services in the City and County of San Francisco for a customer of an escort service wherever located without first securing a permit from the Chief of Police. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.6. EMPLOYEE PERMIT.

Every person desiring an employee permit shall file an application with the Chief of Police on a form provided by said Chief of Police and pay a filing fee which shall not be refundable and shall pay to the Tax Collector a license fee annually, payable in advance. Every person now working as an escort or employee shall file for a permit within 30 days of the effective date of this Article. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1074.7. APPLICATION FOR EMPLOYEE OF AN ESCORT SERVICE.

The employee of an escort service filing for a permit shall furnish the following information:

(a) Name;
(b) Residence address;
(c) Escort service in which the employee is currently working;
(d) Two previous addresses immediately prior to the present address of the employee;
(e) Weight, height, color of eye and hair;
(f) Written proof that employee is at least 18 years of age;
(g) Three portrait photographs of at least 2" x 2";
(h) Previous employment of the employee for three years immediately preceding the date of application;
(i) All criminal convictions except minor traffic violations including date and place of each such conviction;
(j) Such other identification and information necessary to discover the truth of the matters hereinbefore specified; and
(k) Whether employee has been previously granted permits or licenses to engage in a business or occupation by the State of California or the City and County of San Francisco, any of which permits or licenses has/have been revoked by the granting authority.

Nothing contained herein shall be construed to deny the Chief of Police the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said Chief of Police to confirm, by independent investigation, the truth and accuracy of the above information. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.8. VERIFICATION OF APPLICATION.

Every application for a permit under this Article shall be verified as provided in the Code of Civil Procedure of the State of California for the verification of pleadings. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.9. CORPORATE APPLICANTS; EXEMPTION.

The provisions Subsections (a), (b), (c), (d), (e) and (f) of the Section 1074.4 relating to requirements for corporate applicants shall not apply to any of the following:

(1) A corporation, the stock of which is listed on a stock exchange in the State of California or the City of New York, State of New York;

(2) A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity; and

(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.10. CORPORATE PERMITTEE; MAINTENANCE OF STOCK REGISTER; REPORT.

A. Any corporation holding a permit under this Article shall maintain a stock register at the principal office of the corporation in San Francisco and the stock register shall be available to the Police Department for inspection. Such corporation shall report to the department in writing any of the following:

(1) Issuance or transfer of any shares of stock or beneficial ownership thereof to any person where the issuance or transfer results in the person owning 10 percent or more of the stock or beneficial ownership of the corporation.

(2) Changes of any of the corporate officers required to be reported by Section 821 of the California Corporations Code.

(3) Changes of the members of its Board of Directors. The report shall be filed with the Police Department within 30 days after the issuance or transfer of corporate stock or beneficial ownership thereof, changes of corporate officers, or changes of members of the Board of Directors.

B. The provisions of this Section shall not apply to any of the following:

(1) A corporation, the stock of which is listed on a stock exchange in the State of California or in the City of New York, State of New York;

(2) A bank, trust company, financial institution or title company to which a permit is issued in a fiduciary capacity; or

(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.11. NOTICE OF HEARING.

When an application is filed for a permit under this Article, the Chief of Police shall fix a time and place for a public hearing thereon within 60 days from the date of application. Not less than 10 days before the date of such hearing, the Chief of Police shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed escort service is to be operated. Such posting of notice shall be carried out by the Chief of Police or his designee, and the applicant shall maintain said notice as posted until the date of the hearing. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.12. ISSUANCE OF PERMIT FOR AN ESCORT SERVICE.

The Chief of Police shall issue an escort service permit within 14 days following the hearing if all requirements for an escort service described in this Article are met unless he finds:

(1) That the premises where the escort service business will be conducted does not comply with all applicable laws, including, but not limited to, the Building, City Planning, Housing and Fire Codes of the City and County of San Francisco, and the rules and regulations adopted by the Chief of Police pursuant to this Article;

(2) That the applicant or an officer, director or partner thereof and any other person who will be directly engaged in the management and operation of an escort service has been convicted of an offense within or without the State of California that would have constituted any of the following offenses if committed within the State of California:

(a) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;

(b) An offense involving the use of force and violence upon the person of another:

(c) An offense involving sexual misconduct with children; or

(d) An offense as defined in Sections 311, 647(a), 647a, 647(b), 315, 316, 318, or 266 through 267 inclusive of the Penal Code of the State of California; or

(3) That the applicant, an officer, director or partner thereof or any other person who will be directly engaged in the management and operation of the escort service has had a permit or license to engage in a business or occupation granted by the State of California or the City and County of San Francisco or a license or permit issued by the Alcohol Beverage Control Commission revoked by the granting authority.

The Chief of Police shall issue a permit to any person convicted of any of the crimes described in Subsections (2)(a), (2)(b), (2)(c), or (2)(d) of this Section or subjected to a license or permit revocation as described in Subsection (3) of this Section if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years prior to the date of the application and the applicant, its officers, directors and partners have had nosubsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this Section and no permit or license revocations as mentioned in Subsection (3) of this Section. (Added by Ord. 323- 81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.13. APPLICATIONS BARRED FOR ONE YEAR.

Whenever any application is filed for a permit under this Article and said application has been denied by the Chief of Police, or a permit issued under this Article has been revoked, and no appeal has been taken to the Board of Permit Appeals or when any appeal from such denial or revocation has been taken to the Board of Permit Appeals and said Board has concurred in the judgment or order of denial or revocation, said application for said permit, or for a like permit for the same location or by the same applicant shall not be heard by the Chief of Police until the expiration of one year from the date of the previous denial or revocation of said permit or application and there shall be no appeal to said Board of Permit Appeals for failure or refusal to hear any such application or appeal within said one year period. For the purposes of this Section, “same applicant” shall mean a corporation having substantially the same shareholders as a prior corporate applicant, or a partnership having substantially the same membership as a prior partnership applicant; furthermore, “same applicant” shall mean any officer, director, shareholder or partner of a prior corporate or partnership applicant; provided, that when any permit is denied by reason of definite existing conditions which prevent the granting of said permit, and said conditions are removed or remedied, the one year's prohibition against reapplication will not apply. (Added by Ord. 323-81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.14. ISSUANCE OF EMPLOYEE PERMITS.

The Chief of Police shall issue an employee permit within 14 days following a hearing unless he finds that the applicant has had a permit or license to engage in a business or occupation granted by the State of California or the City and County of San Francisco or a permit or license granted by the Alcoholic Beverage Control Commission revoked by the granting authority or that the applicant has been convicted of any of the following offenses, or convicted of an offense within or without the State which would have constituted any of the following offenses if committed within the State of California:

(a) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;

(b) An offense involving the use of force and violence on the person of another;

(c) An offense involving sexual misconduct with children; or

(d) An offense as defined in Sections 311, 647(a), 647a, 647(b), 315, 316, 318 or 266 through 267, inclusive, of the Penal Code of the State of California.

The Chief of Police shall issue a permit to any person subjected to a revocation as described in this Section or to any person convicted of any of the crimes enumerated in Subsections (a), (b), (c) or (d) of this Section if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years prior to the date of the application and the applicant has had nosubsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this Section and no subsequent permit revocation mentioned in this Section. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.15. REVOCATION OR SUSPENSION OF PERMIT.

Any permit issued for an escort service or employee may be revoked or suspended by the Chief of Police after a hearing, in any case where any of the provisions of this Article or local or State law are violated or where any employee of the permittee has engaged in any conduct which violates any of the State or local laws or ordinances at permittee's place of business, or in any case where the permittee or licensee refuses to permit any duly authorized police officer of the City and County of San Francisco to inspect the premises or the operations therein or when any of the rules or regulations adopted by the Chief of Police pursuant to this Article are violated. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.16. EMPLOYMENT OF PERSONS UNDER THE AGE OF 18 PROHIBITED.

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 18 years of age. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1047.17. AGE OF CUSTOMER.

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 18 years to patronize an escort service as a customer or patron. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.18. SALE OR TRANSFER.

Upon sale, transfer or relocation of an escort service, the permit and license therefor shall be null and void unless approved as provided in Section 1074.25 herein; provided, however, that upon the death or incapacity of the permittee, the escort service may continue in business for a reasonable period of time to allow for an orderly transfer of the permit.

If the permittee is a corporation, a transfer of 25 percent of the stock ownership of the permittee will be deemed to be a sale or transfer and the permit and license therefor shall be null and void unless approved as provided in Section 1074.25 herein; provided, however, that the provision shall not apply to a permittee corporation, the stock of which is listed on a stock exchange in this State or in the City of New York, State of New York, or which is required by law to file periodic reports with the Security and Exchange Commission. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.19. NAME AND PLACE OF BUSINESS — CHANGE OF LOCATION.

No person granted a permit pursuant to this Article shall operate under any name or conduct his business under any designation for any location not specified in his permit. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.20. INSPECTION.

The Police Department may, from time to time during business hours, inspect each escort service in the City and County of San Francisco for the purposes of determining that there is compliance with the provisions of this Article. (Added by Ord. 323-81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.21. DAILY REGISTER.

Every person who engages in, conducts, or carries on the operation of an escort service shall keep a daily register, approved as to form by the Police Department, containing the following information:

(a) The identification of all employees employed by such establishment together with a duplicate of each of said employees' employee permit;

(b) The hours of employment of each employee for each day; and

(c) The names of all patrons, including true full names, residential addresses, including street, city and state, hours of employment of escort service, name of escort or employee providing escort services, location and place where escort services took place, and fee charged.

Said daily register shall at all times during business hours be subject to inspection by the Police Department only for the limited purpose of determining that said daily registers are being maintained in compliance with the provisions of this Section and shall be kept on file for one year on the premises. Any evidence so obtained shall not be admissible for any purpose other than proof of compliance or noncompliance with this Section. The Police Department and the Health Department are authorized to inspect said daily registers for other purposes or to obtain information therefrom only if they have first obtain a warrant. (Added by Ord. 323-81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.22. PROHIBITED ACTIVITIES.

No person who is a patron of an escort service shall place or cause to be placed in the daily register a false name or address. (Added by Ord. 323-81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.23. COUNSELING OR ASSISTING.

No person shall permit, counsel or assist any other person in the violation of any provision of this Article. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.24. LICENSE FEES.

Every permittee who conducts or assists in conducting any escort service as defined herein shall pay to the Tax Collector a license fee annually, payable in advance. The license fee prescribed in this Section is due and payable on a calendar year basis starting 45 days after the effective date of this Article prorated with regard to the calendar year on a monthly basis. Fees for new licenses issued after the first day of January, 1981, or in any subsequent calendar year shall be prorated with regard to the calendar year on a monthly basis. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1074.25. TRANSFER OR ASSIGNMENT OF PERMIT.

No permit shall be transferred or assigned except with the written consent of the Chief of Police. An application for such a transfer shall be in writing and shall be accompanied by the same filing fee as for an initial application. The written application for such transfer shall contain the same information as required herein for an initial application for such a permit. (Amended Ord. 555-81, App. 11/12/81)

SEC. 1074.26. PENALTY; MISDEMEANOR OR INFRACTION.

Any person who willfully violates any provision of this Article shall be deemed guilty of a misdemeanor or an infraction.

(a) If charged as an infraction, the penalty upon conviction of such person shall be a fine not exceeding $500.

(b) If charged as a misdemeanor, the penalty upon conviction of such person, shall be imprisonment in the County Jail for a period not to exceed six months or by a fine not exceeding $1,000, or by both such fine and imprisonment.

(c) The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction. Such charging decisions shall be at the sole discretion of the District Attorney.

(d) Nothing herein shall prohibit the District Attorney from exercising the discretion vested in him by law to charge an operator, employee, or any other person associated with an escort service with violating this or any other local or state law. (Added by Ord. 323-81, App. 6/19/81)

SEC. 1074.27. TIME LIMIT FOR OBTAINING PERMIT.

All premises required to obtain a permit and license pursuant to this Article must obtain a permit within 60 days of the effective date of this Article; failure to do so shall make continued operation of said escort service a violation of Section 1074.2 hereof. (Added by Ord. 323-81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.28. RULES AND REGULATIONS.

The Chief of Police may adopt rules and regulations supplemental to this Article and not in conflict therewith. (Added by Ord. 323-81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)

SEC. 1074.29. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article, or application thereof to any person or circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed such 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. (Added by Ord. 323-81, App. 6/19/81; amended by Ord. 217-87, App. 6/19/87)

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