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Ordinance No. 174121
Amending Portland City Code Chapter 14.44 PERSONAL ESCORT/MODELING

* Substitute a new Portland City Code Chapter 14.44 "Personal Escort/Modeling" (Ordinance; replace Code Chapter 14.44)

The City of Portland ordains:
Section 1. The Council finds:

1. On September 29, 1999, City Council passed ordinance No. 173799 which amended City Code 14.44 in order to regulate personal escort/modeling businesses.
2. The compelling findings and supporting evidence brought forth at that hearing establishing the need to closely regulate the personal escort/modeling industry are hereby readopted and reaffirmed.
3. Objections articulated regarding particular aspects of Chapter 14.44 as earlier amended have cause the City Attorney's Office and the Portland Police Bureau to re-examine the Chapter and to recommend that some modification be made.
4. The proposed changes to Chapter 14.44 detailed in Exhibit B hereto strengthen the program both legally and operationally.

NOW, THEREFORE, the Council directs:

a. Chapter 14.44 of the City Code attached hereto as Exhibit A is hereby substituted for existing Chapter 14.44 of the City Code.
b. All persons and businesses subject to this chapter shall have thirty days from the effective date of this ordinance to come into full compliance with its provisions.

Section 2. The Council declares that an emergency exists because enforcement of Chapter 14.44 has been stayed pending analysis of its contested provisions, said analysis having been completed and the foregoing modifications having been recommended by the City Attorney's Office and the Portland Police Bureau, it is imperative to finalize substitution of Chapter 14.44; therefore this Ordinance shall be in full force and effect from and after its passage by the Council.

Mayor Vera Katz
January 21, 2000
Gary Blackmer
Auditor of the City of Portland
Britta Olson
Deputy

Passed by the Council: January 26, 2000

EXHIBIT A
Chapter 14.44
PERSONAL ESCORT/MODELING

SECTIONS:
14.44.010 Purpose.
14.44.020 Definitions.
14.44.030 Scope and Applicability of the Provisions of this Chapter.
14.44.040 Permit and Identification Card Term; Renewal; Nontransferability.
14.44.050 Personal Escort/Modeling Business Permit Required; Penalty.
14.44.060 Application for Personal Escort/Modeling Business Permit.
14.44.070 Personal Escort/Model or Runner Identification Card Required; Penalty.
14.44.080 Application for Personal Escort/Model or Runner Identification Card.
14.44.090 Regulation of Personal Escort/Modeling Businesses.
14.44.100 Regulation of Personal Escort/Models and Runners.
14.44.110 Fees.
14.44.120 Civil Penalties.
14.44.130 Revocation of Permits and Identification Cards.
14.44.140 Appeals.
14.44.150 Severability.

14.44.010 Purpose.

The purpose of this Chapter is to provide for strict regulation of those engaged in the personal escort/modeling business. The Council finds that personal escort/modeling businesses present extraordinary risk of being used as a means to conceal criminal behavior, primarily prostitution and prostitution-related crimes. Further, the City of Portland has a compelling interest in eliminating or reducing other criminal conduct including rape, kidnapping, child abuse, and illegal drug activities which is also linked to personal escort/modeling activities. Therefore, this Chapter is intended to minimize this risk by limiting entry into this business to persons who have fulfilled the requirements of this Chapter and to closely monitor the activities and records of personal escort/modeling businesses to prevent criminal activity within the City.

14.44.020 Definitions.

As used in this Chapter:

A. "Bureau of Licenses" means the Bureau of Licenses of the City of Portland, or the Director of the Bureau of Licenses or designee.

B. "Consideration" means money, benefit, interest or profit derived from a patron or accruing to a personal escort/model or runner and/or a personal escort/modeling business.

C. "Designated manager" means a person, designated by a permittee, with authority to bind a personal escort/modeling business to personal escort/model and patron contracts and to adjust patron and consumer complaints.

D. "Identification card" means a permit for a personal escort/model or runner.

E. "Office" means an office at the permitted personal escort/modeling business address from which personal escort/modeling business is conducted. At the minimum, an office is required to:
1. Establish and maintain reasonable business hours and notify the Bureau of Licenses of those hours.
2. Be accessible to the Bureau of Licenses and law enforcement officers during established business hours, and on requrest and upon reasonable notice, during other hours.
3. Allow law enforcement officers and the Bureau of Licenses to inspect the office and all records and documents required by this Chapter to be made and maintained.
4. Be managed by the personal escort/modeling business permittee or a designated manager of the permittee during all hours of operation.
5. Provide the Bureau of Licenses a list of all telephone numbers, pager numbers, and/or internet addresses or other modes of contact used by the business or featured in any advertisement.
6. Maintain in the office a record of all persons engaged in the personal escort/modeling business, including but not limited to all designated managers, and all personal escort/models and runners employed by, contracted with, or referred by the personal escort/modeling business.
7. Maintain in the office a record of all personal escort/model calls and referrals, including: the address and unit or room number at which contact is to be made with the patron; the contact number of the patron; a complete description of the services which are to be provided; the date and time of the referral; the name and identification card number of the personal escort/model referred; whether the referral resulted in providing personal escort/modeling; the name and identification card number of any runner involved in the transaction; and the amount of consideration agreed to by the patron.
8. Maintain in the office copies of all patron contracts and receipts for payment for services.
9. Maintain in the office a conspicuous public place, a notice stating in letters at least 1 inch high the following:
PROSTITUTION IS A CRIME.
PERSONAL ESCORT/MODELING IS REGULATED BY THE CITY OF PORTLAND.
IT IS UNLAWFUL FOR ANY PERSON TO OFFER TO OR ENGAGE IN SEXUAL CONTACT FOR A FEE.
THESE LAWS ARE STRICTLY COMPLIED WITH BY THIS BUSINESS AND ARE STRICTLY ENFORCED.

F. "Patron" means any individual who for consideration hires or contracts with a personal escort/model.

G. "Permit" means a permit for a personal escort/modeling business.

H. "Permittee" means a person who is the holder of a permit or personal escort/model or runner identification card under this Chapter, a person financially interested, a designated manager, or any other person while acting on behalf of the permittee.

I. "Person" means any individual, firm, partnership, corporation or association of any kind.

J. "Person Financially Interested" means for a corporation, any person who is an officer or a director, or any shareholder holding more than 5% of the shares thereof; and for a noncorporate business, any person who shares in any financial gain attributable to the business as a proprietor or owner, or on the basis of ownership of a percentage of the business in excess of either 5% of gross or 10% of net revenue.

K. "Personal Escort/Model" means any person who is, or held out to the public as being available for consideration to date, consort with, or otherwise engage in activities which have, or would reasonably be perceived as having, a purpose of arousing or gratifying the sexual desire of a patron.

L. "Personal Escort/Modeling Business" means any person who for consideration furnishes, refers, or offers to furnish or refer personal escort/models, or provides, or offers to introduce, patrons to personal escort/models.

M. "Runner" means any person, not a personal escort/model, who for consideration, and who on behalf of personal escort/model or a personal escort/modeling business, contacts or meets with patrons or personal escort/models, or any representative of a personal escort/modeling business at any location other than the office.

14.44.030 Scope and Applicability of the Provisions of this Chapter

Any person or entity with questions regarding the scope and applicability of this Chapter may make a written request for a determination of applicability ("determination request") from the Bureau of Licenses on a form provided by the Bureau. Such a determination request shall detail the types of services offered and any other information the person or entity believes is relevant to assisting the Bureau of Licenses in making the applicability determination. Any determination provided by the Bureau of Licenses in response to a determination request may be relied on only to the extent that the information submitted by the person or entity was truthful, complete and accurate.

14.44.040 Permit and Identification Card Term; Renewal; Nontransferability.

A. The term of a personal escort/modeling business permit, and a personal escort/model or runner identification card shall be one year. A personal escort/modeling business permit or a personal escort/model or runner identification card which has not been revoked may be renewed upon written application to the Bureau of Licenses on a form designated by the Bureau of Licenses and accompanied by all required fees. The renewal application shall be submitted at least 45 days prior to the permit or identification card expiration date or the permit or identification card shall lapse at the end of its term.

B. All permits and identification cards issued pursuant to this Chapter and all renewals thereof are personal to the permittee and shall not be transferred or assigned.

14.44.050 Personal Escort/Modeling Business Permit Required; Penalty.

It shall be unlawful for any person to work or perform services as, conduct, manage, operate, or maintain a personal escort/modeling business, unless permitted pursuant to this Chapter. Violation of this Section is punishable upon conviction by a fine of not more than $500.00 or by imprisonment not to exceed 6 months, or both.

14.44.060 Application for Personal Escort/Modeling Business Permit.

A. An applicant for a personal escort/modeling business permit shall file an application with the Bureau of Licenses.

B. The application shall contain the following information about the applicant, the business, and any persons involved in the business, including but not limited to, any persons who will be authorized to act on behalf of the permittee and any designated managers of the peronal escort/modeling business to be permitted:
1. The name, address, and telephone number of the owner of the property where the office for the personal escort/modeling business is located;
2. All names, including any stage, assumed, and professional names currently used or that have been used in the last five years;
3. Present residence and business addresses and all telephone numbers;
4. Each residence and business address for the five-year period immediately preceding the date of filing of the application and the inclusive dates of each address;
5. Driver's license, identification issued by any state, military identification, or passport shall be copied and attached;
6. A copy of a document which proves that the applicant is at least 18 years of age shall be attached;
7. Height, weight, color of eyes and hair, and date of birth;
8. Two current 2" x 2" photographs taken by the Portland Police Bureau Identification Division shall be attached;
9. The complete business, occupation or employment history for the three-year period immediately preceding the date of the filing of the application;
10. Whether any similar permit has ever been refused, revoked or suspended, in the City of Portland or elsewhere, and the reason or reasons therefore;
11. All prior criminal convictions, within ten years for any felony, and within five years for any misdemeanor, for crimes detailed in section D 5 below, including the place and court in which the conviction was ordered, and the sentence imposed as a result of the conviction;
12. Fingerprints taken by the Portland Police Bureau Identification Division shall be attached;
13. The names and addresses of all persons financially interested in the property, persons who have loaned money to the applicant to own, acquire or manage the business, or hold a mortgage or other secured interest in the business, the extent of any such financial interest, and the amount and terms of any loan or mortgage, or other secured interest;
14. A description of any services to be provided; and
15. The true names and stage, assumed, and professional names, and residential addresses of all persons to be employed by, contracted with, or referred by the personal escort/modeling business as personal escort/models or runners. Only personal escort/models or runners with current identification cards shall be included.

C. The City of Portland shall have a reasonable period of time in which to investigate and process the application. The applicant shall provide any additional information requested by the City of Portland as needed to confirm or verify information provided in the application.

D. The Bureau of Licenses shall approve the application and grant the permit if:
1. The required fees have been paid;
2. The application conforms in all respects to the provisions of this Chapter;
3. The applicant has not made a material misrepresentation of fact in the application;
4. All attachments required by this Chapter are attached to the application;
5. The applicant, any person financially interested, all designated managers, any person employed by, contracted with or referred by the personal escort/modeling business as a runner or a personal escort/model, and any persons authorized to act on behalf of the permittee, have not: (a) been convicted of or pleaded no contest or guilty to any felony involving the following offenses or similar or equivalent crimes, including any attempt or conspiracy to commit such offenses, in any other jurisdiction within ten years prior to the submission of the application, or; (b) been convicted of or pleaded no contest or guilty to any misdemeanor involving the following offenses or similar or equivalent crimes, including any attempt or conspiracy to commit such offenses, in any other jurisdiction, within five years prior to the submission of the application. Crimes shall be considered similar or equivalent if the elements of the crime for which the conviction was obtained would have consituted one of the above crimes under the applicable state statutes, federal law or Portland City Code.

PERSON CRIMES

163.160 Assault IV: Class A Misdemeanor

163.165 Assault III: Class C Felony

163.175 Assault II: Class B Felony

163.185 Assault I: Class A Felony

163.190 Menacing: Class A Misdemeanor

163.225 Kidnapping II: Class B Felony

163.235 Kidnapping I: Class A Felony

163.275 Coercion: Class C Felony

SEX CRIMES

163.355 Rape III: Class C Felony

163.365 Rape II: Class B Felony

163.375 Rape I: Class A Felony

163.385 Sodomy III: Class C Felony

163.395 Sodomy II: Class B Felony

163.405 Sodomy I: Class A Felony

163.408 Unlawful Sexual Penetration II: Class B Felony

163.411 Unlawful Sexual Penetration I: Class A Felony

163.415 Sexual Abuse III: Class A Misdemeanor

163.425 Sexual Abuse II: Class C Felony

163.427 Sexual Abuse I: Class B Felony

163.435 Contributing to the Sexual Delinquency of a Minor: Class A Misdemeanor

163.445 Sexual Misconduct: Class C Misdemeanor

OFFENSES AGAINST FAMILY

163.537 Buying or Selling a Person Under 18 Years of Age: Class B Felony
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILD

163.670 Using a Child in Display of Sexually Explicit Conduct: Class A Felony

163.684 Encouraging Child Sexual Abuse I: Class B Felony

163.686 Encouraging Child Sexual Abuse II: Class C Felony

163.687 Encouraging Child Sexual Abuse III: Class A Misdemeanor

163.700 Invasion of Personal Privacy: Class A Misdemeanor

163.732 Stalking: Class A Misdemeanor; or Class C Felony

475.992 DCS I: Class A Felony; DCS II: Class B Felony; DCS III: Class C Felony
Or any Felony under this statute

6. The applicant, all designated managers, all all persons acticing on behalf of the business, including personal escort/models and runners, are at least 18 years of age;
7. The applicant has not had a permit which was issued pursuant to this Chapter or any other similar authority, refused, suspended or revoked within the five-year period immediately preceding the date of filing of the application; and
8. The applicant is not currently in violation of this Chapter.

E. The Bureau of Licenses shall deny an application if any of the requirements set forth in Section D. 1 through 8 of this Section have not been met. In the event of denial, the applicant shall be notified by mail of the denial and the reasons therefore. The applicant may appeal the denial pursuant to Section 14.44.140.

F. The Portland Police Bureau shall keep the applications and all attachments in a separate location containing only personal escort/modeling business and personal escort/model, and runner applications, identification cards, and permits.

G. A permittee shall notify the Bureau of Licenses in writing of any changes in or additions to the information required to be furnished in an application within ten days of the date of the changes or additions.

14.44.070 Personal Escort/Model, Runner Identification Card Required; Penalty.

A. It shall be unlawful for any person to work or perform services as a personal escort/model or runner unless the person is at least 18 years of age, employed by, contracted with, or referred by a permitted personal escort/modeling business, and in lawful possession of a personal escort/model or runner identification card issued by the Bureau of Licenses to that personal escort/model or runner. Violation of this subsection is punishable upon conviction by a fine of not more than $500.00 or by imprisonment not to exceed 6 months, or both.

B. Each personal escort/model and each runner shall obtain an identification card issued in the escort/model's or runner's name. This card shall be carried on the person of any person while engaged in the activity of a personal escort/model or runner within the City of Portland. The identification card shall be displayed upon the request of any law enforcement officer or the Bureau of Licenses while a person is engaged in the activity of a personal escort/model or runner within the City of Portland.

14.44.080 Application for Personal Escort/Model or Runner Identification Card.

A. An applicant for a personal escort/model or runner identification card shall file an application with the Bureau of Licenses.

B. The applicant shall set forth the following:
1. The name of the applicant, including any stage, assumed or professional names currently being used or having been used in the last five years, and the principal occupation of the applicant;
2. Present residence and business addresses and all telephone numbers;
3. Each residence and business address for the two-year period immediately preceding the date of filing of the application and the inclusive dates of each address;
4. Driver's license, identification card issued by any state, military identification, or passport shall be copied and attached.
5. A copy of a document which proves that the applicant is at least 18 years of age shall be attached;
6. Height, weight, color of eyes and hair, and date of birth;
7. Two current 2" x 2" photographs taken by the Portland Police Bureau Identification Division shall be attached;
8. Whether any similar permit has ever been refused, revoked or suspended, in the City of Portland or elsewhere, and the reason or reasons therefore;
9. All prior criminal convictions, within ten years for any felony, and within five years for any misdemeanor, for crimes detailed in section D 5 below, including the place and court in which the conviction was ordered, and the sentence imposed as a result of the conviction.
10. Fingerprints taken by the Portland Police Bureau Identification Division shall be attached;
11. A description of any services to be provided; and,
12. The name of the business and the business address of th personal escort/modeling business(es) where the applicant intends to be an escort, model, or a runner.

C. The City of Portland shall have a reasonable period of time in which to investigate and process the application. The applicant shall provide any additional information requested by the City of Portland as needed to confirm or verify information provided in the application.

D. The Bureau of Licenses shall issue an identification card if:
1. The required fees have been paid;
2. The application conforms in all respects to the provisions of this Chapter;
3. The applicant has not made a material misrepresentation of fact in the application;
4. All attachments required by this Chapter are attached to the application;
5. The applicant, any person financially interested, all designated managers, any person employed by, contracted with or referred by the personal escort/modeling business as a runner or a personal escort/model, and any persons authorized to act on behalf of the permittee, have not: (a) been convicted of or pleaded no contest or guilty to any felony involving the following offenses or similar or equivalent crimes, including any attempt or conspiracy to commit such offenses, in any other jurisdiction within ten years prior to the submission of the application, or; (b) been convicted of or pleaded no contest or guilty to any misdemeanor involving the following offenses or similar or equivalent crimes, including any attempt or conspiracy to commit such offenses, in any other jurisdiction, within five years prior to the submission of the application. Crimes shall be considered similar or equivalent if the elements of the crime for which the conviction was obtained would have consituted one of the above crimes under the applicable state statutes, federal law or Portland City Code.

PERSON CRIMES

163.160 Assault IV: Class A Misdemeanor

163.165 Assault III: Class C Felony

163.175 Assault II: Class B Felony

163.185 Assault I: Class A Felony

163.190 Menacing: Class A Misdemeanor

163.225 Kidnapping II: Class B Felony

163.235 Kidnapping I: Class A Felony

163.275 Coercion: Class C Felony

SEX CRIMES

163.355 Rape III: Class C Felony

163.365 Rape II: Class B Felony

163.375 Rape I: Class A Felony

163.385 Sodomy III: Class C Felony

163.395 Sodomy II: Class B Felony

163.405 Sodomy I: Class A Felony

163.408 Unlawful Sexual Penetration II: Class B Felony

163.411 Unlawful Sexual Penetration I: Class A Felony

163.415 Sexual Abuse III: Class A Misdemeanor

163.425 Sexual Abuse II: Class C Felony

163.427 Sexual Abuse I: Class B Felony

163.435 Contributing to the Sexual Delinquency of a Minor: Class A Misdemeanor

163.445 Sexual Misconduct: Class C Misdemeanor

OFFENSES AGAINST FAMILY

163.537 Buying or Selling a Person Under 18 Years of Age: Class B Felony
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILD

163.670 Using a Child in Display of Sexually Explicit Conduct: Class A Felony

163.684 Encouraging Child Sexual Abuse I: Class B Felony

163.686 Encouraging Child Sexual Abuse II: Class C Felony

163.687 Encouraging Child Sexual Abuse III: Class A Misdemeanor

163.700 Invasion of Personal Privacy: Class A Misdemeanor

163.732 Stalking: Class A Misdemeanor; or Class C Felony

475.992 DCS I: Class A Felony; DCS II: Class B Felony; DCS III: Class C Felony
Or any Felony under this statute

6. The applicant has not had a permit which was issued pursuant to this Chapter or any other similar authority, refused, suspended or revoked within the five-year period immediately preceding the date of filing of the application; and
7. The applicant is at least 18 years of age;
8. The applicant is not currently in violation of this Chapter.

E. The Bureau of Licenses shall deny an application if any of the requirements set forth in Section D. 1 through 8 of this Section have not been met. In the event of denial, the applicant shall be notified by mail of the denial and the reasons therefore. The applicant may appeal the denial pursuant to Section 14.44.140.

F. The Portland Police Bureau shall keep the applications and all attachments in a separate location containing only personal escort/modeling business and personal escort/model, and runner applications, identification cards, and permits.

G. A permittee shall notify the Bureau of Licenses in writing of any changes in or additions to the information required to be furnished in an application within ten days of the date of the changes or additions.

14.44.090 Regulation of Personal Escort/Modeling Business.

A. Prohibited Conduct.
1. A personal escort/modeling buisness shall not employ, hire, engage, direct, contract with, refer, or permit any person to perform personal escort/modeling or runner activities unless the person has a valid personal escort/modeling or runner identification card issued pursuant this Chapter.
2. A personal escort/modeling business shall not, while engaged in that business, commit a crime of Prostitution, Attempted Prostitution, Compelling or Promoting Prostitution as provided by State statute, on Unlawful Prostitution Procurement Activity or Loitering to Solicit Prostitution, as provided by Portland City Code.
3. A personal escort/modeling business shall not cause, suffer, permit, encourage, authorize, direct, or facilitate any personal escort/model or runner to violation any of the provisions of Section 14.44.100, for or on behalf of, or at the referral of the personal escort/modeling business.
4. A personal escort/modeling business must include the personal escort/modeling business permit number in any advertisement.
5. A personal escort/modeling business shall not fail to allow inspection of the office and any records and documents required to be made and maintained by this Chapter, by law enforcement officers or the Bureau of Licenses during regular business hours, and upon request and upon reasonable notice during other hours.
6. A personal escort/modeling business shall not contract with or provide services ot individuals under 18 years of age unless written authorization to contract with and provide the service is issued to the personal escort/modeling business by that individual's parent or legal guardian.
7. A personal escort/modeling business shall not fail at all times to maintain an office which meets the requirements of Section 14.44.020 E.
8. A personal escort/modeling business shall not fail to maintain in the office a record of all persons engaged in the personal escort/modeling business and all personal escort/models and runners employed by, contracted with, or referred by the personal escort/modeling business.
9. A personal escort/modeling business shall not fail to maintain in the office a complete record of all personal escort/modeling calls and referrals including the address and unit or room number at which contact is to be made with the patron, the contact number for the patron, a complete description of the services which are to be provided, the date and time of referral, the name and identification card number of the personal escort/model referred, the name and identification card number of any runner involved in the transaction, whether the referral resulted in providing personal escort/modeling, the total amount of consideration to be charged to the patron, and a copy of the contracts and receipts of payment for services.
10. A personal escort/modeling business shall not fail to provide, or cause to be provided to each patron, a written contract and receipt for payment for services, which contract shall clearly state a description of services to be provided, the name and identification card number of the personal escort/model referred, the name and identification card number of any runner involved in the transaction, and the total amount of consideration to be charged to the patron. Further, a personal escort/modeling business shall provide to every patron a written notice containing the following language, prominently displayed in letters no smaller than the following, which is 18 point type:
PROSTITUTION IS A CRIME.
PERSONAL ESCORT/MODELING IS
REGULATED BY THE CITY OF PORTLAND.
IT IS UNLAWFUL FOR ANY PERSON
TO OFFER TO OR ENGAGE IN
SEXUAL CONTACT FOR A FEE.
THESE LAWS ARE STRICTLY
COMPLIED WITH BY THIS BUSINESS
AND ARE STRICTLY ENFORCED.

11. A personal escort/modeling business shall not fail to notify the Bureau of Licenses of any changes or additions in the information required to be kept current pursuant to Section 14.44.060 G within 10 days of any change.
12. A personal escort/modeling business shall not fail to comply with all other requirements of this chapter.

B. Violation classifications.
1. Violations of Sections 14.44.090 A. 1, 2, 3, 4, and 5 are Major Violations.
2. Violations of Sections 14.44.090 A. 6, 7, 8, 9, 10, 11, and 12 are Minor Violations.

14.44.100 Regulation of Personal Escort/Models and Runners.

A. Prohibited Conduct.
1. A personal escort/model or runner shall not commit the crime of Prostitution, Attempted Prostitution, Compelling or Promoting Prostitution as provided by State statute or Unlawful Prostitution Procurement Activity or Loitering to Solicit Prostitution, as provided by Portland City Code.
2. A personal escort/model or runner shall determine whether an individual seeking personal escort/model or runner services is at least 18 years of age or older. If an individual is under 18 years of age, the personal escort/model or runner shall not provide personal escort/model or runner services to any such individual, unless written authorization to provide the services is issued to the personal escort/modeling business that referred the personal escort/model or runner by that individual's parent or legal guardian.
3. A personal escort/model shall not allow another person to use his or her personal escort/model or runner identification card.
4. While working, a personal escort/model or runner shall not fail or refuse to present his or her personal escort/model or runner identification card to a law enforcement officer or the Bureau of Licenses upon request.
5. A personal escort/model or runner, while engaged in personal escort/modeling, shall not engage in the practice of massage as defined by the State of Oregon in its regulations of the practice of massage unless the personal escort/model or runner is properly licensed by the State of Oregon.
6. A personal escort/model or runner, while engaged in personal escort/modeling, shall comply with any and all guest registration rules or regulations of any motel or hotel visited or entered.
7. A personal escort/model or runner shall not provide personal escort/modeling to any patron unless that patron has been furnished with a written contract and receipt for payment as required by Section 14.44.090 A.10.
8. A personal escort/model or runner shall not perform personal escort/model or runner activities without a valid person escort/model or runner identification card in the personal escort/model's or runner's possession.
9. A personal escort/model or runner shall not fail to notify the Bureau of Licenses of any changes or additions in the information required to be kept current pursuant to Section 14.44.080 G within 10 days of any change.
10. A personal escort/model shall not fail to comply with all other requirements of this Chapter.

B. Violation classifications.
1. Violations of Sections 14.44.100 A. 1, 2, and 3 are Major Violations.
2. Violations of Sections 14.44.100 A. 4, 5, 6, 7, 8, 9, and 10 are Minor Violations.

14.44.110 Fees.

A. A nonrefundable application fee in the amount of $100.00 shall be submitted with each application for a personal/escort model, or runner identification card. Upon approval, an additional fee of $100.00 shall be assessed. A renewal fee of $100.00 shall accompany each renewal application.

B. A fee of $25.00 shall be submitted with each request for the reissuance of a personal escort/model, or runner identification card. Reissuance is limited to lost or stolen cards and reissued cards shall be provided only to the same person to whom the card was originally issued. Identification satisfactory to the Bureau of Licenses must be provided when reissuance is requested.

C. A nonrefundable application fee in the amount of $250.00 shall be submitted with each application for a personal escort/modeling business. Upon approval, an additional fee of $250.00 shall be assessed. A renewal fee of $250.00 shall accompany each renewal application.

D. Fees shall be paid before the Bureau of Licenses will process any application and before the Bureau of Licenses will issue any permit or identification card.

14.44.120 Civil Penalties.

A. The Bureau of Licenses shall assess civil penalties for any Minor Violation of the provisions of Sections 14.44.090 or 14.44.100 as follows:
1. The sum of $100 for the first Minor Violation in any 12 month period.
2. The sum of $500 for the second Minor Violation in any 12 month period.

B. Procedure.
1. If the Bureau of Licenses determines that a permittee has committed any Minor Violation of Section 14.44.090 or 14.44.100 and is subject to a civil penalty pursuant to this Section, the Bureau of Licenses shall give written notice thereof to the permittee. The notice shall contain a brief description of the Bureau of Licenses' findings regarding the facts underlying the violation, including the date and place the violation occurred, the penalty assessed, and the authorization therefore. The notice shall also contain the date the penalty shall become final and payable and a notice of the permittee's right to appeal the civil penalty.
2. The notice shall be mailed by certified mail, return receipt requested, and regular mail to the permittee at the most recent address listed by the permittee with the Bureau of Licenses. At the Bureau of Licenses' option, the notice may be personally served on the permittee in the same manner as a summons in an action at law. The notice shall be effective upon mailing or completion of personal service.
3. The civil penalty shall be final and payable ten days after notice is mailed or served unless an appeal is filed pursuant to Section 14.44.140.

14.44.130 Revocation of Permits and Identification Cards.

A. The Bureau of Licenses shall revoke a permit or an identification card whenever the Bureau of Licenses determines that:
1. The permittee has made a material misrepresentation of fact in an application or any other information required to be provided to the Bureau of Licenses; or,
2. The permittee has committed any Major Violation of Sections 14.44.090 or 14.44.100 within any 12 month period; or,
3. The permittee has failed to pay any civil penalty within ten days of the date the penalty becomes final and payable or within ten days of the final order entered in any appeal therefrom directing payment by the permittee.

B. Procedure.
1. If the Bureau of Licenses determines that cause for revocation of a permit or identification card exists, the Bureau of Licenses shall provide written notice thereof to the permittee. The notice shall become final and a notice of the permittee's right to appeal the revocation.
2. The notice shall be mailed by certified mail, return receipt requested, and the regular mail to the permittee at the most recent address listed by the permittee with the Bureau of Licenses. At the Bureau of Licenses' option, the notice may be personally served on the permittee in the same manner as a summons in an action at law.
3. The revocation shall become final and effective ten days after notice is mailed or served unless an appeal is filed pursuant to Section 14.44.140.
4. Upon revocation, any permit or identificaion card shall be surrendered to the Bureau of Licenses. Any law enforcement officer or the Bureau of Licenses is authorized to seize any permit and/or identification card which has been revoked and not surrendered.

14.44.140 Appeals.

Any permittee directed to pay a civil penalty under Section 14.44.120 or any permittee whose permit or identification card has been revoked under Section 14.44.130, may appeal the civil penalty or revocation to the Code Hearings Officer pursuant to the provisions of Portland City Code Chapter 22.10.

14.44.150 Severability.

If any part or provision of this Chapter, application thereof to any person or circumstance, is held invalid, the remainder of this Chapter and the application of the provision or part thereof, to any persons not similarly situated or to other circumstances, shall not be affected hereby, and shall continue in full force and effect. Provisions of this chapter are severable.

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Last updated 12.7.2014