4800 West 92nd Avenue Westminster, CO 80031

City Government

 

19. Escort Services

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8/98 

CHAPTER 19

ESCORT SERVICES

5-19-1:  LEGISLATIVE DECLARATION
5-19-2:  DEFINITIONS
5-19-3:  LICENSE REQUIRED; STATE STATUTES
5-19-4:  LICENSE APPLICATIONS
5-19-5:  FEES
5-19-6:  RENEWAL
5-19-7:  LICENSE DENIAL, CANCELLATION, DENIAL OF RENEWAL, SUSPENSION OR REVOCATION
5-19-8:  TRANSFER
5-19-9:  IDENTITY CARDS
5-19-10:  PROHIBITED ACTS
5-19-11:  DUTIES OF ESCORT SERVICE
5-19-12:  PENALTY

5-19-1:  LEGISLATIVE DECLARATION: (1959)  The City Council hereby declares that the operation of escort services in this City affects the public health, safety, and welfare and that City regulation of such operation is in the public interest. 

5-19-2:  DEFINITIONS:  (1959)  The following words, terms and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

“Escort” shall mean any person who, for a salary, fee, commission, hire, or profit, makes himself available to the public for the purpose of accompanying other persons for companionship, or agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 

“Escort Service” shall mean any business, agency, or person who, for a fee, tip, commission, hire, profit or other consideration, furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes.

“Escort Service Runner” shall mean any person who, for a salary, tip, fee, hire, profit or other consideration, acts in the capacity of an agent for an escort service by contacting or meeting with escort patrons, whether or not said person is employed by such escort service or by another business or is self-employed.

“Escort Patron” shall mean any person who seeks the services of an escort, escort service, or escort service runner.

“Licensed Premises” shall mean a single, discrete, identifiable location at which a licensed activity is permitted and, in fact, is conducted under the authority of any one (1) license. 

“Person” shall mean a natural person, partnership, association, company, corporation, or organization or a managing agent, servant, officer, partner, owner, operator, or employee of any of them. 

5-19-3:  LICENSE REQUIRED; STATE STATUTES:  (1959)

(A) It shall be unlawful to:

(1) Hold oneself out to the public as an escort, an escort service runner, or an escort service,

(2) Accept compensation as an escort, an escort service runner, or an escort service,

(3) Conduct, manage, or carry on an escort service, or

(4) Provide escorts within the City of Westminster without having first obtained a license therefor as provided in this Chapter.

(B) The Colorado General Assembly has declared that the licensing and regulation of escorts, escort services, and escort service runners is a matter of statewide concern.  The local licensing process required by this Code shall comply with all licensing requirements and regulations specified in Article 25.5 of Title 12, C.R.S., which shall control in the event that less stringent requirements are set forth in this Chapter.

5-19-4: LICENSE APPLICATIONS:  (1959)

(A) The applicant for an escort license, an escort runner license, or an escort service license shall submit a verified application to the City Clerk on forms provided by the City Clerk.  The fee required by this Chapter shall be included with the application.

(B) The application for an escort license, an escort runner license, or an escort service license shall include:

(1) Name, address and date of birth of the applicant and, if a partnership, also the names, addresses and dates of birth of all the partners and, if a corporation, association, or other organization, also the names, addresses and dates of birth of the stockholders, directors, president, vice-president, secretary, and managing officer; and

(2) The fee required by this Chapter.

(C) The application for an escort service license shall also include:

(1) Complete plans and specifications for the interior of the premises to be licensed;

(2) A copy of the lease or other evidence of the applicant's right to possession of the premises; and

(3) Information concerning the zoning of the location of the premises. 

(D) The application shall be reviewed by the City Manager, who, within ten (10) days after receipt of the application and after such additional investigation as he may deem necessary, shall schedule a public hearing before the Special Permit and License Board.  Notice of such hearing shall be mailed to the escort service applicant by the City Clerk not less than ten (10) days before the hearing date.  Notice of such public hearing shall also be given by publication in a newspaper of general circulation in the community once, not less than ten (10) days prior to the hearing date and by posting a notice of hearing upon the premises for at least ten (10) days prior to the hearing.  Publication and posting shall be done by the City Clerk.

(E) The City Clerk shall propose the boundaries of the neighborhood in writing to the Special Permit and License Board with a copy to the applicant.  If a majority of the Board or the applicant disputes the proposed neighborhood boundaries, the issue shall be considered by the Board at a public meeting.  A dispute of the boundaries by the applicant must be filed within ten (10) days of the letter notifying the applicant of the boundaries established.

(F) Prior to the hearing, the City or its designee shall circulate appropriate petitions to determine the needs of the community for an escort service and the desires of its citizens regarding such a facility within the neighborhood surrounding the applicant.  The petition form shall be approved by the City. 

(G) Posting and petitioning shall not be required if the Special Permit and License Board is considering only an escort or an escort runner license application, if the applicant proposes to work for a previously licensed escort service.

(H) At least five (5) days prior to the public hearing, the City Clerk shall send the results of the petitioning and investigation of the application to the applicant and make them available to other interested parties.

(I) After such public hearing, the Special Permit and License Board shall make findings of fact and a recommendation, including any conditions that should be imposed on the licensee, to the City Council, who may either grant or deny the license consistent with the findings and recommendation of the Special Permit and License Board, or may schedule the matter for further hearing before the City Council.  If such further hearing is held, the City Council may grant or deny the license notwithstanding the recommendation of the Special Permit and License Board. 

(J) In determining whether to grant or deny an escort service license, the City Council and the Board shall take into consideration:

(1) The character of the applicant;

(2) The applicant's prior experience and qualifications to operate such a business;

(3) The needs of the community for such a facility and the desires of its citizens regarding such a facility, including any petitions or remonstrances evidencing such desires;

(4) Pedestrian safety;

(5) Traffic volume and adequacy of parking and access;

(6) Essential character of the neighborhood and the applicant's effect on the peace of the neighborhood;

(7) Compliance of the facility with all applicable zoning and building regulations;

(8) Police activity in comparable businesses; and

(9) Architectural compatibility with the character of the neighborhood.

(K) In determining whether to grant or deny an escort or escort service runner license, the Special Permit and License Board or the City Council shall consider:

(1) The character of the applicant;

(2) The applicant's experience and qualifications to provide such service; and

(3) The premises or property from which the applicant would conduct business.

(L) Each license issued under this Chapter is separate and distinct, and no person shall exercise any of the privileges granted under any license other than that which he holds.  A separate license must be obtained by each person wishing to exercise any of the privileges governed by this Chapter and for each geographical location at or from which any person wishes to conduct business as an escort, escort service or escort service runner.

(M) An application for a change of location of an escort service licensed pursuant to this Chapter shall be treated as an application for a new license.  Any change of location by the licensee without the approval of the City Council shall render the license void.

(N) Each license shall specify the date of issuance, the period that is covered, the name of the licensee, and the premises licensed.  The license shall be conspicuously displayed at all times in the licensed premises.

(O) For purposes of determining good moral character of an applicant, the applicant's criminal record shall be considered, including, but not limited to, any conviction or guilty plea to a charge based on acts of dishonesty, fraud, deceit, sexual misconduct, or prostitution-related misconduct of any kind, whether or not the acts were committed in this State.

5-19-5:  FEES:  (1959)

(A) A nonrefundable application fee of three hundred dollars ($300) for an escort service license and two hundred dollars ($200) for an escort or escort service runner license shall be submitted with the original application. 

(B) If the license application is approved, no license shall be issued until a license fee is paid in the amount of five thousand dollars ($5,000) for an escort service license and five hundred dollars ($500) for an escort or escort service license.

(C) Renewal fees shall be paid annually in advance in the amount of five thousand dollars ($5,000) for an escort service license and two hundred fifty dollars ($250) for an escort or escort service license.

5-19-6:  RENEWAL:  (1959 2574)

(A) All licenses issued pursuant to this Chapter shall expire December thirty-first (31st) of the year for which issued, unless cancelled, suspended or revoked, and shall be renewed annually upon application for renewal and payment of the required fees.

(B) The renewal application shall be reviewed by the City Manager, who shall have the power to grant or deny such license renewal and to impose reasonable limitations and restrictions on any license renewed.  The City Manager shall evaluate the application under the criteria set forth for original applications.  The City Manager, in the Manager's sole discretion, may cause a hearing on the application for renewal to be held.  The hearing shall be conducted by the Special Permit and License Board.  Publication, posting and notice requirements shall be the same as for a hearing on an original application.

5-19-7:  LICENSE DENIAL, CANCELLATION, DENIAL OF RENEWAL, SUSPENSION OR REVOCATION:  (1959 2574)

(A) A license may be denied, cancelled, denied renewal, suspended or revoked for any violation of the provisions of this Chapter, for any reason set forth in Chapter 1 of this Title, on the grounds that the health, safety or welfare of the community may be endangered by the continued operation of the license, or on the grounds stated below:

(1) The issuance would be detrimental to the public health, safety, or welfare due to the character, reputation, or moral integrity of the applicant;

(2) The character of the applicant, or its officers, directors or partners is such that a violation of this Chapter would be likely to result if a license were granted;

(3) The applicant, or any of its officers, directors or partners, has held a license pursuant to this Chapter or the applicable State statute that has been suspended or revoked or for which renewal has been denied within two (2) years prior to the date of the current application;

(4) The applicant is a member of any class of persons prohibited by State law to hold a license pursuant to this Chapter; or

(5) Based on any violation of the provisions of this Code or any other law. 

(B) A license may be cancelled, denied renewal, suspended or revoked after the licensee has been given notice and hearing.  The notice shall set forth the reasons for the proposed action, in writing, and shall be given by personal delivery to the applicant or mailed to the address contained in the license, postage prepaid, or as provided in Chapter 1 of this Title.  Said notice shall be given no less than ten (10) days prior to a hearing to be scheduled before the Special Permit and License Board.

(C) A license may be summarily suspended for no more than thirty (30) days by the City Manager when required for the immediate protection of the public health, safety and welfare.  A hearing shall be scheduled as soon as may be reasonably possible.

(D) The Special Permit and License Board shall conduct an appeal of a cancelled, denied renewal, suspended or revoked license pursuant to the procedures established for hearings in Chapter 1 of this Title.  The Special Permit and License Board shall deliver its decision in writing within thirty (30) days.

(E) Decisions of the Special Permit and License Board are final, subject only to appeal to a court of competent jurisdiction.

(F) A license shall be denied unless the applicant meets the following qualifications:

(1) If an individual, he has attained the age of eighteen (18) years; or

(2) If a partnership or limited partnership, all partners have attained the age of eighteen (18) years; or

(3) If a corporation, the directors and all officers thereof have attained the age of eighteen (18) years; and

(4) If an individual, he is a resident of this State for one hundred twenty (120) days immediately prior to the filing of the application with the City Clerk; or

(5) If a partnership or limited partnership, all of the partners thereof are residents of this State for one hundred twenty (120) days immediately prior to the filing of the application with the City Clerk; or

(6) If a corporation, the directors and all of the officers thereof are residents of this State for one hundred twenty (l20) days immediately prior to the filing of the application with the City Clerk; and

(7) If a corporation, the corporation is qualified with the Secretary of State to do business in this State or is incorporated under the laws of this State.

5-19-8:  TRANSFER:  (1959 2574)

(A) Within thirty (30) days after the transfer of ownership of an amusement center, or of the transfer of ownership of ten percent (10%) or more of the capital stock of the corporation, the new owner of the stock or business shall file with the City Clerk a written report of the transfer on forms provided by the City Clerk.  The report shall be accompanied by an investigation fee of two hundred and fifty dollars ($250). 

(B) Upon receipt of the report of transfer, the City Clerk shall report the transfer to the City Manager, after sufficient investigation by the Police Department, and the City Manager may approve the transfer or, in his sole discretion, direct that a public hearing be held regarding the transfer, at which parties in interest may be heard.

(C) The Special Permit and License Board shall hold the hearing after proper notice is given.  Posting, publication, and notice requirements shall be the same as are required for a hearing on an original application.

(D) At the hearing, all interested parties may appear and be heard; provided, however, that the Board shall consider only the character of the new owner or owners and whether the new owner or owners comply with all requirements of the Code and rules and regulations adopted pursuant to the Code.  If the new owner or owners are not approved, the license may be revoked.

5-19-9:  IDENTITY CARDS:  (1959)   Every applicant, licensee or agent or employee of said applicant or licensee shall, prior to commencing work for, in, or upon the premises of the escort service, obtain a photographic identity card from the Westminster Police Department, and shall carry the card at all times while in or upon the licensed premises or while acting as an escort or escort service runner.  The nonrefundable application fee for a card shall be fifty dollars ($50).  The Police Department shall do a background check on the applicant prior to issuance of the card.  The card shall be in the form required by the City Council. 

5-19-10:  PROHIBITED ACTS:  (1959)

(A) It shall be unlawful for any person knowingly: 

(1) To operate an escort service without holding a currently valid license issued pursuant to this Chapter;

(2) To work as an escort or escort service runner without holding a currently valid license issued pursuant to this Chapter;

(3) To work as an escort or escort service runner without obtaining and carrying a valid identity card pursuant to Section 5-19-9, W.M.C.; 

(4) To allow the provision or procurement of any escort service to or for any person under the age of eighteen (18) years without the prior written consent of such person's parent or legal guardian;

(5) To permit any person under the age of eighteen (18) years to be employed in any capacity with an escort service or as an escort service runner;

(6) To violate any of the provisions of this Chapter;

(7) For any escort service or escort service runner to employ the services of any person who has not obtained a valid identity card pursuant to Section 5-19-9, W.M.C.

5-19-11:  DUTIES OF ESCORT SERVICE:  (1959)

(A) Every escort service shall refer all prospective escorts or escort service runners to the City Clerk for licensing.  Upon termination of employment of any escort or escort service runner with such escort service, the escort service shall notify the City Clerk of such termination within five (5) days. 

(B) The escort service shall provide to each escort patron a written contract for services.  The contract shall clearly state the name and address of the escort service, escort and customer, the type of services to be performed, the length of time such services shall be performed, the total amount of money such services will cost the escort patron, and any special terms or conditions relating to the services to be performed.  The contract shall include a statement in clear and concise language that prostitution is illegal in this State, and that both parties to an act of prostitution may be punished by both fine and imprisonment, and that no act of prostitution shall be performed in relation to the services for which contracted.  Each contract shall be numbered and utilized in numerical sequence by the escort service.  The contract shall be signed by the escort patron and a copy furnished to him.  The escort service shall also retain copies of all such contracts, and one (1) copy of each such contract executed in any calendar month shall be transmitted by the escort service to the City Clerk no later than ten (10) days after the last day of such month.  The City Clerk shall treat such contracts as open public records. 

5-19-12:  PENALTY:  (1959 2000)  It shall be unlawful for any person to violate a provision of this Chapter.  A violation of this Chapter shall be a criminal offense.  Violators shall be subject to the penalties provided by Section 1-8-1, W.M.C.,  including imprisonment, and may also be subject to civil remedies provided by Chapter 4 of Title VIII of this Code.  A separate offense shall be deemed committed upon each day such person is in violation of this Chapter.  

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