Loading...
HomeMy WebLinkAbout83-10 Regulating Escort Bureaus and Adult Entertainment BusinessesORDINANCE NO. g3 -Z,0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTIONS 9-450 THROUGH 9-474, INCLUSIVE, OF THE COSTA MESA MUNICIPAL CODE REGULATING ESCORT BUREAUS AND OTHER ADULT ENTERTAINMENT BUSINESSES, REPEALING SECTIONS 9-193 THROUGH 9-208, AMENDING SECTION 13-860(a)(7) AND (8) AND ADDING SECTION 13-861(d) THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa finds and declares that the protection of the public from hazard to health and safety and the preservation of the public peace require the regulation and licensing of escort bureaus, massage parlors, out -call massage services, model studios, and sexually oriented adult entertainment businesses. Accordingly, the Costa Mesa Municipal Code is amended -as follows. SECTION 2. I. Add Chapter VI, Title 9, to read as follows: "CHAPTER VI. REGULATION OF ADULT ENTERTAINMENT BUSINESSES." "Section 9-450. Definitions. As used in this Chapter: (a) 'Regulated Adult Entertainment Business' shall mean and include the following: escort bureaus, massage parlors, out -call massage services, model studios, and any business or establishment that offers its patrons entertainment or services which involve, depict, describe, or relate to 'specified sexual activities' or 'specified anatomical areas,' as defined in Title 13, sub -sections 13-860(b) and (c), respectively, and which are not constitutionally protected speech or expression. (b) 'Escort' means a person who for pecuniary compensation, gratuity, or any consideration escorts or accompanies others to, from or about social affairs, entertainments, places of public assembly or places of amusement, or who may consort with others, for any considera- tion, about any place of public or private resort or within any private quarters. (c) 'Escort Bureau' means any business, agency, or self-employed or independent escort who, for monetary compensation, gratuity, or any consideration, furnishes or offers to furnish escorts. 'Escort Bureau' includes 'Introductory Service.' (d) 'Introductory Service' means a service offered or performed for pecuniary compensation, gratuity, or other consideration by any person, the principal purpose of which is to aid individuals to become socially acquainted or to otherwise assist individuals to meet for social purposes or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about others to be used for social purposes. (e) 'Massage' shall mean and include any method of treating the external parts of the body by rubbing, stroking, kneading, adjusting or tapping with the hand or any instrument, including any manual manipula- tion of, or the application of a mechanical device to the human trunk or limbs of another. (f) 'Massage parlor' shall mean and include any sauna bath, turkish bath parlor, Battle Creek System treatments, magnetic healing institute, whirlpool bath or spa, or any place or institution where treatment of the human body is given by means of massage or bath. (g) 'Massagist' shall mean and include any person who practices massage as defined in this section; 'massagist' includes 'masseur' and 'masseuse.' (h) 'Out -call massage service' shall mean any business that pro- vides massage, as defined in this section, for payment or gratuity, at locations other than a fixed place of business. (i) 'Model studio' shall mean and include any premises where there is conducted the business of furnishing, providing or procuring figure models who pose in the nude or seminude for the purposes of being observed, conversed with, or viewed by any person or of being sketched, painted, drawn, sculpted, photographed, or otherwise similarly depicted for persons who pay a fee, or other consideration, compensation, or gratuity, for the right or opportunity to converse with or so depict a figure model, or for admission to or for permission to remain upon or as a condition of remaining upon the premises. However, 'model studio' shall not include: (A) Any studio which is operated by any state college or public community college or school approved by the California -2- Superintendent of Public Instruction pursuant to the California Education Code; or (B) Any studio which is a part of an institution receiving financial support in whole or part through contributions of the United States goverment or of the government of any state, county, or city; or (C) Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in such paragraphs (A) or (B) of this sub -section. (j) 'Figure Model' and 'Model' are equivalent terms that shall mean any person who, for compensation or gratuity, is available for conversa- tion or poses to be observed, viewed, sketched, painted, drawn, sculpted, photographed, or otherwise similary depicted, in the nude or seminude. (k) 'Nude' or 'Seminude' means completely without clothing or covering, or with partial clothing or covering but with any exposure of 'specified anatomical areas,' as defined in Section 13-860(c) of the Costa Mesa'Municipal Code. (1) 'Practitioner' shall mean and include escort, massagist, model and any other person who personally performs or provides the primary services of a regulated adult entertainment business, as defined in this Section. (m) 'Profit Interest' shall mean and include ownership of any right to participate or share in the present or prospective profit of a regulated adult entertainment business, as defined in this Section." "Section 9-451. Regulated Adult Entertainment Business, Permit Required. It shall be unlawful for any person to engage in, conduct or carry on, in or upon any premises within the City of Costa Mesa the activities of a regulated adult entertainment business without a valid permit issued for the specific activity pursuant to the provisions of this Chapter for each and every such regulated adult entertainment business." , "Section 9-452. Exception. This Chapter shall not apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person holding a valid license or certificate issued by the State of California to practice any such art or profession under the provisions of the Business and Professions Code of California or of any other law of this state, nor to any employment agency licensed under the laws of this state." -3- "Section 9-453. Separate Permit Required for Each Location. A separate permit is required for each location within the boundaries of the City of Costa Mesa at which a regulated adult entertainment busi- ness is to be establishedor at which arrangements for a practitioner are made or where services are provided, or where pecuniary compensation for a practitioner is paid. Every regulated adult entertainment business shall display its per- mit prominently in an area open to the public at each such location, at all times when the location is open for business." "Section 9-454. Sale or Transfer. Upon the sale or transfer of any profit interest in a regulated adult entertainment business the permit shall immediately be null and void. In order for the regulated adult entertainment business to continue operating, a new application and permit are required." "Section 9-455. Change of Location or Name. (a) A change of location of any of the aforementioned and described premises where such business is conducted may be approved by the Chief of Police, provided all ordinances and regulations of the City of Costa Mesa are complied with and a change of location fee as established by resolution of the City Council is deposited with the Director of Finance. Application for such change(s) shall be made at least thirty (30) days prior to such change(s). (b) No permittee shall operate a regulated adult entertainment business under any name or designation not specified in the permit." "Section 9-456. Regulated Adult Entertainment Business Permit Terms. No permit shall be issued pursuant to this Chapter for a period in excess of one year. The expiration date of such permit shall be June 30th of each year." "Section 9-457. Regulated Adult Entertainment Business Permit Renewal. An unrevoked permit issued pursuant to this Chapter may be renewed for a one-year period on written application to the Chief of Police made at least thirty (30) days prior to the expiration date of the current, valid permit. The application for renewal shall contain all the information required by the provisions of Section 9-458(c)." -4- "Section 9-458. Regulated Adult Entertainment Business Permit; Renewal Application; Fees. (a) Any person desiring to obtain or renew a permit to operate a regulated adult entertainment business shall make application to the Chief of Police. Prior to submitting such application for a permit or renewal of a permit, a non-refundable fee, in an amount established by resolution of the City Council, shall be paid to the Department of Finance to defray, in part, the cost of the investigation and report required by this Chapter. The Department of Finance shall issue a receipt showing that such permit application fee has been paid. The receipt or a copy thereof shall be supplied to the Chief of Police at the time such application is submitted. Permit fees required under this Chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. (b) Neither the application for permit nor payment of fees author- izes the conducting of a regulated adult entertainment business until such permit is granted. (c) Each applicant for a regulated adult entertainment business permit shall furnish the following information: (1) The present address where business is to be conducted; (2) The full, true name under which the business will be conducted; (3) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names, addresses (both business and residential), and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock in the corporation. If the applicant is a partner- ship, the applicant shall set forth the name, residence and business addresses and dates of birth of each member of the partnership, and shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. The application shall state whether or not the applicant is a party to a contract with any person for the provision of management or consulting services and, if so, the full name, residence address, and date of birth of each such person. If one or more of the partners is a corporation, the provisions of this sub- section pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this section, but only one application fee shall be charged; (4) The full, true name and any other names used by the appli- cant, if an individual; if the applicant is other than an individual, a responsible managing officer shall be desig- nated by the applicant, and the application shall state the full, true name of the designated responsible managing officer and any other names used by him or her; -5- (5) The present residence and business addresses and.tele- phone numbers of the applicant, or designated responsible managing officer; (6) Each residence and business address of the applicant designated responsible managing officer for the five (5) years immediately preceding the date of the applica- tion and the inclusive dates of each such address; (7) California driver's license number, or California identi- fication number, and social security number of applicant, if applicant is an individual; of each corporate officer if applicant is a corporation; and of each general partner if applicant is a partnership; (8) Acceptable written proof that the applicant or designated responsible managing officer is at least eighteen (18) years of age; (9) The applicant's or designated responsible managing officer's height, weight, color of eyes and hair, and date of birth; (10) Two (2) photographs of the applicant or designated respon- sible managing officer at least two inches by two inches (2" x 2") taken within the last six (6) months; (11) Business, occupation or employment history of the appli- cant or designated responsible managing officer for the three (3) years immediately preceeding the date of application; (12) The business license history of the applicant or.desig- nated responsible managing officer, including whether such applicant, or designated responsible managing officer, in previously operating in this or any other city, county, state, or territory under license, has had such license revoked or suspended, the reason therefor, and his or her business activities or occupation subsequent to such suspension or revocation; (13) All criminal convictions of the applicant or designated responsible managing officer, including ordinance viola- tions, stating the dates and places of any such convic- tions, except vehicle Code violations; (14) The name and address of the owner and of the lessor of the real property upon which the business is to be conducted and a copy of the lease or rental agreement. In the event that the property is leased or rented, the application must be accompanied by a notarized acknowl- edgement from the owner of the property that a regulated adult entertainment business will be located on the property; (15) Such other identification and/or information as the Chief of Police may require in order to verify the matters required to be set forth in the application; (16) A description of the service to be provided; (17) The true names and residential addresses of all persons employed or intended to be employed as practitioners; (18) The applicant or designated responsible managing officer shall appear in person at the Police Department in order to be photographed and fingerprinted. (d) The applicant, if an individual, or a designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the Police Department of the City of Costa Mesa and produce proof that the required application fee has been paid and shall present the application containing the aforementioned and described information." "Section 9-459. Granting of Regulated Adult Entertainment Business Permit or Renewal. The Chief of Police shall have reasonable time in which to investi- gate the application and background of the applicant and shall grant or renew the permit if he finds all of the following facts: (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 knowingly made a material misrepre- sentation in the application; (4) The applicant has fully cooperated in the investigation of his application; (5) Neither the applicant if an individual, nor any of the stockholders, officers or directors, if the applicant is a corporation, nor any of the partners, including limited partners, if the applicant is a partnership, nor any person with whom the applicant has a contract for management or consulting services, has within five (5) years prior to the application filing date, been been convicted of an offense involving conduct which requires registration under California Penal Code Section 290, or involving conduct which is in viola- tion of the provisions of California Penal Code Sections 314, 315, 316, 318, 647(a), 647(b), 647(d), or 647(h), or any crime involving dishonesty, fraud, deceit or moral turpitude; (6) The applicant has not had a massage parlor, out -call massage service, model studio, escort bureau, intro- ductory service or escort or massagist permit or other similar license or permit denied or revoked for cause by this City or any other city or county located in or out of this state within the five (5) years prior to the date of application; (7) The regulated adult entertainment business as proposed by the applicant would comply with all applicable laws, including but not limited to health, zoning, fire and safety requirements and standards; (8) The applicant is at least eighteen (18) years of age. (9) The applicant has not violated any provisions of this Chapter." "Section 9-460. Practitioner, Permit Required. It shall be unlawful for any person to act as a practitioner unless such person holds a valid practitioner permit issued pursuant to this Chapter by the City of Costa Mesa. Such permit shall be issued to the address of the employer who must also hold a valid regulated adult entertainment business permit issued by the City of Costa Mesa." dC "Section 9-461. Practitioner, Permit Term. No practitioner permit shall be issued for a period in excess of one year. The expiration date of such permit shall be June 30th of each year." "Section 9-462. Practitioner Permit/Identification Card. Each practitioner permittee shall be issued an identification card which will also serve as an escort, massagist, model, or other practitioner permit. The permittee shall have such card in his or her possession at all times when acting as a practitioner and shall produce same for inspection upon request by any police officer. Each permittee shall immediately surrender to the Chief of Police any permit identifi- cation card issued by him upon suspension, revocation, or expiration of said permit or upon leaving employment as a practitioner." "Section 9-463. Practitioner Permit and Renewal Application. (a) Any person desiring to obtain a permit to act as a practitioner shall make application to the Chief of Police. An,unrevoked practitioner permit may be renewed for a one-year period on written application to the Chief of Police made at least thirty (30) days prior to the expiration date of the current, valid permit. Prior to submitting such application for a permit or renewal of a permit, a non-refundable fee, as established by resolution of the City Council, shall be paid to the Department of Finance to defray the cost of investigation and report required by this Chapter. The Department of Finance shall issue a receipt showing that such permit application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. Permit fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. (b) The application for permit does not authorize acting as a practitioner until such permit has been granted. (c) Each applicant for a practitioner permit or renewal thereof shall furnish the information required by Section 9-458(c)(1), (2), and (4) through (13) of this Chapter, and shall in addition furnish the following information: (1) A certificate from a medical doctor licensed to practice in the State of California, stating that the applicant has been examined and found to be free of any contagious or communicable disease within thirty (30) days immediately preceding the date of the application. • (2) Satisfactory evidence that the applicant has been'offered employment by a regulated adult entertainment business holding a valid permit issued by the Chief of Police, including name and address of prospective employer and that such employment is contingent upon the issuance of said permit. (3) Such other identification and information as the Chief of Police may require in order to verify the matters required to be set forth in the application. (4) The applicant shall appear in person at the Police Department in order to be photographed and fingerprinted. (5) Each application for a permit to practice massage shall be accompanied by satisfactory proof that the applicant has successfully completed a course of study in the field of massage at an institution approved by the California Superintendent of Public Instruction pursuant to the California Education Code." "Section 9-464. Granting and Renewal of Practitioner Permit. The Chief of Police shall have a reasonable time in which to investigate the application and background of the applicant and shall grant the permit or renewal thereof if he finds compliance with Section 9-459(1) through (6), (8), and (9)." "Section 9-465. Denial of Permit; Appeal. When the Chief of Police denies any permit applied for under the provisions of this chapter, or any renewal of a permit originally issued under the provisions of this chapter, written notice stating the grounds for the denial shall be mailed or personally delivered to the applicant advising of the right to appeal the decision to the City Council pursuant to the provisions of Chapter IX of Title 2 of the Costa Mesa Municipal Code." "Section 9-466. Revocation of Permit. The Chief of Police may revoke the permit of any person or organi- zation holding a permit under the provisions of this chapter if he finds that the permittee conducts business in a way that violates the provisions of this Chapter or which would have been grounds for denial of a permit as set forth in Sections 9-459 and 9-464 above or that the permittee has been convicted of an offense involving conduct which requires registration under California Penal Code Section 290, or involving conduct which is in violation of the provisions of California Penal Code Sections 314, 315, 316, 318, 647(a), 647(b), 647(d), or 647(h), or any crime involving dishonesty, fraud, deceit, or moral turpitude. No such revocation shall become effective until notice in writing stating the grounds for revocation has been mailed to the Wz ' permit holder advising him or her of the right to appeal the revocation decision pursuant to the provisions of Chapter IX of Title 2 of the Costa Mesa Municipal Code. If a timely appeal is filed, the revocation shall be effective only upon decision of the City Council; otherwise, the revocation shall become effective upon the expiration of the time for appeal." "Section 9-467. Employment of or Service to Minors Prohibited; Exception. (a) No regulated adult entertainment business shall employ as a practitioner any person under eighteen (18) years of age. (b) No regulated adult entertainment business shall furnish any services to, or accept employment from any patron, customer or person who is under eighteen (18) years of age, except at the special instance and request of a parent, guardian, or other person having lawful custody of the person upon whose behalf the services are engaged. (c) No practitioner shall provide or offer to provide, or perform any services or activity described in this Chapter to any person under eighteen (18) years of age, except at the special instance and request of the parent, guardian, or other person having lawful custody of the person on whose behalf the practitioner is engaged." "Section 9-468. Names of Practitioners; Employment of Unlicensed Practitioners Prohibited. (a) It shall be unlawful for a regulated adult entertainment business not to include in its permit application the names, residence addresses and dates of birth of all practitioners employed or utilized by the business. It shall likewise be unlawful for a regulated adult entertainment business to fail to submit notice to the Chief of Police of any subsequent employment or utilization of other practitioners or termination of employment of any practitioner, within five (5) days of such employment, utilization, or termination. (b) It shall be unlawful for a regulated adult entertainment business to employ as a practitioner any person who does not hold a valid practitioner permit issued by the City of Costa Mesa." "Section 9-469. Regulations; Registration of Customers; Records and Premises Open to Inspection. The owner and the designated responsible managing officer of every regulated adult entertainment business shall at all times keep a regis- tration book in which each and every customer's full, true name, telephone number, driver's license number, and complete address shall be written, ORM 0 together with the date of initial contact and. all appointments and contacts made thereafter. Such registration books and the permittee's business premises shall at all times be made available for inspection by the Chief of Police or Fire Chief or their designees upon request." "Section 9-470. Hours of Operation. It shall be unlawful for any massage parlor, out -call massage service, or model studio to conduct business or provide services between the hours of 11:00 p.m. and 7:00 a.m." "Section 9-471. Conducting as a Nuisance. Any regulated adult entertainment business operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief to abate or remove such establishment and restrain and enjoin any person from operating,, conduct- ing, or maintaining a regulated adult entertainment business contrary to the provisions of this Chapter." "Section 9-472. Prohibited Conduct. Any person(s) violating any provision(s) of this Chapter shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. Revocation of a permit issued under this Chapter shall not be a defense against prosecution." "Section 9-473. Applicability of Regulations to Existing Business. The provisions of this Chapter shall be applicable to all persons and businesses described herein, whether the herein described activities were established before or after the effective date of this Chapter. All such persons and businesses shall have sixty (60) days from said effective date to apply for the appropriate permits as required by this Chapter." "Section 9-474. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision -11- shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that'it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portions thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional." II. Repeal Title 9, Chapter IV, Article 11, Sections 9-193 through 9-208, inclusive. III. Amend Section 13-860(a)(7) to read as follows: "Section 13-860(a)(7). Massage Parlor. The terms 'massage' and 'massage parlor' are defined as in Section 9-450(e) and (f) of the Costa Mesa Municipal Code." IV. Amend Section 13-860(a)(8) to read as follows: "(8) Model Studio: The term 'model studio' is defined as in Section 9-450(i) of the Costa Mesa Municipal Code." V. Add Section 13-861(d) to Title 13, Chapter XII, Article 2, to read as follows: "Section 13-861(d). No conditional use permit may be approved for any massage parlor, model studio, sexual encounter center, or other regulated adult entertainment business until a permit pursuant to Chapter VI of Title 9 of this Code has been approved by the Chief of Police for the operator of such business." SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. -12- PASSED AND ADOPTED this _1SP da: ATTEST: CiEy' Clerk of the City of CostaNj�sa STATE OF CALIFORNIA ) V// COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) APPROVED AS TO FORM 'h - 1 CITY ATTORNEY I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. S,3 /O was introduced and considered section by section at a regular meeting of said City Council held on the day of 1983, and thereafter passed and adopted as whole t a regu r meeting of said City Council held on the / -/ day of 1983, by the following roll call ote: AYEd COUNCILMEMBERS: NOES: COUNCILMEMBERS:� ABSENT: COUNCILMEMBERS : IN WITNESS WHEREOF, I have hereunto s t my h d and affixed the Seal of the City of Costa Mesa this day of 1983. Ci y Clerk and ex -officio Clerk o e City Council of the City of Cost Mesa -13-