A.“Escort service” means any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany clients or other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any public place or within any private quarters.

B.“Escort” means any person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any public place or within any private quarters.

C.“Permit” shall mean either a permit to operate an escort service or to engage in the activities of an escort as required by this section.

D.A “crime of moral turpitude” is defined as a crime which infringes upon the moral sentiment of the community, as distinguished from acts prohibited by statute or other law.

A.The full, true name and any other names used by the applicant and all owners of the business, and their present addresses and telephone numbers;

B.The previous addresses of the applicant and all owners of the business, for a period of five (5) years immediately prior to the date of the application and the dates of residence of each;

C.Acceptable written proof that the applicant and all owners of the business are at least eighteen (18) years of age;

D.The business, occupation or employment history of the applicant and all owners for the five (5) years immediately preceding the date of application;

E.The criminal record, if any, of the applicant and all owners of the business, showing any and all convictions of the offenses listed in subsection (b)(5)(E) of this section;

F.A detailed description of the proposed business, including the name of the business, the types of services to be provided, the hours of operation, whether the proposed business will operate as a home occupation, and whether other services, including but not limited to massage services, will be provided;

G.The names and dates of birth of all persons currently employed or intended to be employed by the escort service, regardless of the nature of the employment and including independent contractors, along with the proposed or actual nature of the work performed or to be performed. “Employee” includes every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the operation of an escort service;

H.Whether the applicant or any owners of the proposed establishment intend to personally act as escorts;

I.Such other identification and information as the Police Department may require, such as fingerprints and/or photographs of the applicant, in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application; and

J.A statement in writing by the applicant certifying under penalty of perjury that the foregoing information contained in the application is true and correct, and specifically authorizing the City, its agents and employees to seek information to verify the truth of the statements set forth in the application and the qualifications of the applicant for the permit. Applicant shall sign the application under penalty of perjury and in the presence of a Monterey Police Department staff member.

A.The required fee has been paid;

B.The applicant conforms in all respects to the provisions of subsection (b)(3) of this section;

C.The applicant has not made any false, misleading or fraudulent statements in the application;

D.The applicant has fully cooperated in the investigation of his or her application;

E.The applicant, if an individual, or any officers, directors, or shareholders of the corporation holding more than five (5) percent of the stock, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, have not within the last ten (10) years been convicted in a court of competent jurisdiction of:

F.The escort service business, as proposed by applicant, would comply with all applicable laws, including but not limited to zoning, fire and safety requirements and standards;

G.The applicant and all owners are at least eighteen (18) years of age;

H.The applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this section.

A.The full, true name and any other names used by the applicant;

B.The present address and telephone number, as well as the previous addresses of the applicant for a period of five (5) years immediately prior to the date of application and the dates of residence of each;

C.The name and address of the escort service and name of the owners of the escort service where applicant is to be employed, if any;

D.The birth certificate of applicant or other acceptable written proof that applicant is at least eighteen (18) years of age;

E.The applicant’s height, weight, color of eyes and hair and date and place of birth;

F.Two photographs at least 2" × 2" taken within the last six (6) months, together with a complete set of fingerprints taken by the Chief of Police or his or her agent;

G.The criminal record, if any, of applicant, showing any and all convictions of the offenses listed in subsection (b)(5)(E) of this section;

H.Such other identification and information as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application; and

I.A statement in writing by the applicant signed under penalty of perjury that the foregoing information contained in the application is true and correct, and specifically authorizing the City, its agents and employees to seek information to verify the truth of the statements set forth in the application and the qualifications of the applicant for the permit. Applicant shall sign the application under penalty of perjury and in the presence of a Monterey Police Department staff member.

A.The required fee has been paid;

B.Applicant conforms in all respects to the provisions of subsection (c)(3) of this section;

C.Applicant has not made any false, misleading or fraudulent statements in the application;

D.Applicant has fully cooperated in the investigation of his or her application;

E.Applicant has not been convicted in a court of competent jurisdiction within the last ten (10) years of the violations set forth in subsection (b)(5)(E) of this section;

F.Applicant is at least eighteen (18) years of age;

G.Applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this section.

A. Basis for Suspension or Revocation.The Police Chief may suspend or revoke an escort service permit or escort permit if he or she finds that a permittee has:

The permittee shall be provided written notice by first class mail, postage prepaid, of such suspension or revocation.

B. Appeal to City Manager.The permittee may file an appeal with the City Manager’s Office within fifteen (15) days of the date of the mailing of the notice of suspension or revocation. In the event an appeal is timely filed, the suspension or revocation shall not take effect until a final decision has been rendered by the City Manager, or his or her designee. If no appeal is timely filed, the denial, suspension or revocation shall become effective upon expiration of the period for filing appeals.

C. Hearing Before City Manager.The City Manager, or designee, shall schedule a hearing to be held within fifteen (15) days after the filing of the notice of appeal. Notice of the date, time and place of the hearing shall be mailed, postage prepaid, at least ten (10) days prior thereto to the appellant.

The City Manager, or designee, shall conduct an informal hearing on the appeal. Formal rules regarding evidence and witnesses shall not apply. Appellant may have legal counsel and both parties shall have the right to present evidence and call witnesses; however, parties are encouraged to submit as much evidence as is possible by way of written briefs and declarations. In the event that the appellant fails to appear at the hearing, the existence of facts which constitute grounds for revocation or suspension of the permit shall be considered conclusively established. A copy of the decision of the hearing officer specifying the reasons for the decision shall be furnished to the appellant.

D. Appeal to the City Council.The permittee may file an appeal to the City Council with the City Clerk’s Office within fifteen (15) days of the date of the mailing of the decision of the City Manager or designee. In the event an appeal is timely filed, the suspension or revocation shall not take effect until a final decision has been rendered by the City Council. If no appeal is timely filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.

E. Hearing Before City Council.The City Clerk shall schedule a hearing before the City Council to be held within forty-five (45) days of the filing of the notice of appeal. The City Clerk shall provide notice of the hearing to the appellant, which shall include the date, time and place of the hearing. Once commenced, the hearing may be continued until it can be completed.

Formal rules regarding evidence and witnesses shall not apply at the hearing. Appellant may have legal counsel and both parties shall have the right to present evidence and call witnesses; however, parties are encouraged to submit as much evidence as is possible by way of written briefs and declarations. The City Council shall have the authority to rule on admissibility of evidence.

The City Council shall determine, after consideration of all evidence presented, whether a permit should be reinstated, suspended or revoked. The decision of the City Council shall be final. (Ord. 3674 § 10, 2023. Formerly 22-34)