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City of Boise, Chapter 5-36
ESCORTS AND ESCORT BUREAUS

Sections:
5-36-01 DEFINITIONS
5-36-02 LICENSE REQUIRED; FEE; EXCEPTIONS
5-36-03 APPLICATION REQUIREMENTS
5-36-04 QUALIFICATIONS FOR LICENSE - EMPLOYMENT
5-36-05 NOTIFICAION OF PERSONNEL CHANGES
5-36-06 UNLAWFUL ACTS OF ESCORT BUREAU LICENSEE
5-36-07 APPOINTMENT BOOK AND NOTICE OF ESCORT AT OTHER LOCATION
5-36-08 LICENSE - SUSPENSION OR REVOCATION CONDITIONS
5-36-09 PENALTIES

5-36-01 DEFINITIONS

For the purposes of this Ordinance, the following terms, phrases, words or derivations shall have the meaning given herein.

A. Applicant: The person making application for a license or the renewal of a license to either:
1. Maintain and operate an escort bureau as herein defined; or
2. Engage as an escort as defined.

B. Escort:
1. Any person who, for hire or reward, accompanies others to or about social affairs, entertainment or places of amusement.
2. Any person who, for hire or reward, consorts with others about any place of public resort or within any private quarters.

C. Escort Bureau: Any business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts.

D. Licensee: A person having a City license in full force and effect issued hereunder to either:
1. Maintain and operate an escort bureau as herein defined; or
2. Engage as an escort as herein defined.

E. License Officer: City Clerk.

F. Person: Any individual, firm, partnership, association, corporation, company or organization of any kind.

G. Employ: To retain the services of an Escort to function as such under direction of an Escort Bureau. A bureau shall be deemed to "employ" all escorts functioning and/or dispatched at their direction irregardless of the financial arrangements between the parties as to remuneration for escort services provided. (Ord. 5150, 3/21/89)

H. Employee: Any person functioning and/or dispatched as an Escort at the direction of an Escort Bureau irregardless of the financial arrangements between the Bureau and the Escort as to remuneration for escort services provided. (Ord. 5150, 3/21/89)

5-36-02 LICENSE REQUIRED; FEE; EXCEPTIONS

A. Every person conducting, managing or carrying on any escort bureau shall first procure a license and pay an annual license fee of One Hundred Seventy-five ($175.00) Dollars. A provisional license may be issued pending completion of the required investigation. (Ord. 5107, 8/9/88)

B. Every person hired for the purpose of accompanying others to social affairs, entertainment, places of amusement or at any place of public resort or within any private quarters shall first procure a license and pay an annual fee of Fifty ($50.00) Dollars. A provisional license may be issued pending completion of the required investigation. (Ord. 5107, 8/9/88)

C. Every Escort shall have in their possession while engaged in any act as an escort, including but not limited to travel to and from appointments, their Boise City license issued under this Ordinance and other identification with photograph; both of which shall be provided for inspection upon request by any customer or by any law enforcement officer. (Ord. 5150, 3/21/89)

D. Exceptions:
1. This Chapter shall not apply to the lawful business of any employment office or employment agency license under state law which does not conduct an escort bureau.
2. This Chapter shall not apply to Boise City licensees acting pursuant to the applicable Boise City Code licensing requirements.
3. This Chapter shall not apply to any persons acting under authorization of any public and governmental agencies or political subdivisions thereof.

5-36-03 APPLICATION REQUIREMENTS

Each applicant for a license herein is required to provide the following information upon an application which shall contain the following:

A. An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency to be designated by the Licensing Officer. (Ord. 5107, 8/9/88)

B. All residential addresses during the past five (5) years.

C. The name and address of each business where the applicant was employed, or which the applicant owned during the past five (5) years.

D. Whether the applicant has had any business license denied, revoked, or suspended, the reason therefor, and the date and place of such action.

E. Any conviction or foreiture of bond, upon any assault, larceny, sexual offense, burglary, or any criminal violation or municipal ordinance violation (except traffic violations) during the past five (5) years.

F. Identification sufficient to prove that the applicant was at least eighteen (18) years of age.

G. If the applicant is a corporation, a copy of the articles of incorporation shall be submitted, together with the name and residence address of each officer, and director, and of each stockholder owning more than ten (10%) percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. Said persons shall be construed as join applicants for an escort bureau license.

H. Each application for a license to conduct an escort bureau shall state the names and addresses of all persons employed or intended to be employed by the applicant and any other person with a financial interest in the escort bureau.

I. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

J. One photograph of the applicant taken within thirty (30) days of the date of application at least two inches by two inches (2" x 2"). If the applicant is a corporation, one photograph at least two inches by two inches (2" x 2") of each officer or managing agent(s) of said corporation. If the applicant is a partnership, one portrait photograph taken within thirty (30) days of the date of application at least two inches by two inches (2" x 2") in size of each partner, including a limited partner in said partnership. (Ord. 5107, 8/9/88)

5-36-04 QUALIFICATIONS FOR LICENSE - EMPLOYMENT

No person shall hold a license who:

A. Has been convicted within the preceding five (5) years of:
1. Any felony or crime which under the laws of this state would be a felony;
2. Larceny in any degree;
3. An offense involving sexual misconduct, pandering or prostitution.
4. Any violation of this Chapter. (Ord. 5074, 3/15/88)

B. Is younger than eighteen (18) years of age.

C. Has made a material misrepresentation of fact on the application for the license.

D. Has had a similar escort license, escort bureau license or other City license revoked within the last five (5) years.

5-36-05 NOTIFICATION OF PERSONNEL CHANGES

Every escort bureau shall within twenty-four (24) hourse notify the License Authority of every change in personnel of escorts employed by the escort bureau.

5-36-06 UNLAWFUL ACTS OF ESCORT BUREAU LICENSEE

In addition to maintaining all conditions and qualifications of a licensee for an escort bureau license, said license shall not:

A. Hire or employ any escort who is not licensed.

B. Employ as an escort any person under eighteen (18) years of age.

C. Furnish any escort to, or accept employment from, any patron, customer or person to be escorted who is under eighteen (18) years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person upon whose behalf the escort service is engaged.

5-36-07 APPOINTMENT BOOK AND NOTICE OF ESCORT AT OTHER LOCATION

A. Every person who operates an escort bureau or practices or provides as an escort shall at all times keep an appointment book in which the name, address and telephone number of each and every patron shall be entered, together with the time, date and place of service, the service to be provided and the name of the escort employed, furnished or arranged for, prior to the service being rendered.

B. The appointment book shall be available at all times for inspection by the Boise City Police Chief or his authorized representatives.

C. Every person who practices or provides any escort service to any location, including but not limited to any motel or hotel, must first give notice of his or her presence on the premises at that location and fully identify himself or herself, the escort bureau, and the patron upon whom the person intends to practice or provide an escort to the owner, manager or person in charge of that location before rendering any service. This provision shall be deemed complied with where the location is a motel or hotel by giving such notice and identification to the person in charge of the registration desk of such motel or hotel. A record of such appointment, of notice given and to whom said notice was given shall also be kept in the appointment book as hereinabove specified.

5-36-08 LICENSE - SUSPENSION OR REVOCATION CONDITIONS

In addition to the failure to maintain qualification and conditions of licensing specified in Section 5 of this Code, the license to conduct an escort bureau or to be an escort may be suspended or revoked if the City Council finds:

A. That the licensee has committed, or caused, permited, encouraged or condoned the commission of, any lewd or immoral act or any act of prostitution;

B. That the licensee has conducted, in whole or in part, as a subterfuge to facilitate or to conceal the conduct of any unlawful or immoral business or practice;

C. That the licensee has failed to comply with the requirements of this Chapter. (Ord. 5074, 3/15/88)

D. That the licensee has been convicted of any violation of this Chapter. (Ord. 5074, 3/15/88).

5-36-09 PENALTIES

Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) or be imprisoned in the Ada County jail for not exceeding six (6) months or be both so fined and imprisoned. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 4825, 4/15/85).

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