HomeMy WebLinkAbout09591ORDINANCE NO. 9591
AN ORDINANCE AMENDING TITLE IX OF THE PUEBLO
MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 16
RELATING TO ESCORT LICENSES
WHEREAS, upon request for an application for a license to operate an escort service
within a local government’s jurisdiction, C.R.S. § 29-11.8-115 requires the local government to
implement standards and licensing provisions governing escort services; and
WHEREAS, an application for a license to operate an escort service within the City’s
jurisdiction has been requested; and
WHEREAS, the City is now required to implement standards and licensing provisions
governing escort services. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicating matter being added)
SECTION 1.
Title IX of the Pueblo Municipal Code is hereby amended by the addition of a new Chapter
16 to read as follows:
CHAPTER 16 – Escort Licensing
Sec. 9-16-1. - Definitions.
The following definitions shall apply throughout this Chapter:
(a) “Escort” means any person who, for a salary, fee, tip, commission, hire,
profit, or other consideration makes himself or herself available to the public for the
purpose of accompanying other persons for companionship.
(b) “Escort bureau” means any business, agency, or person who, for a salary,
fee, tip, commission, hire, profit, or other consideration, advertises, furnishes, or arranges
for persons to accompany other persons for companionship.
(c) “Escort bureau runner” means any person who, for a salary, fee, tip,
commission, hire, profit or other consideration, acts in the capacity of an agent for an
escort bureau by contacting or meeting with escort patrons, whether or not the runner is
employed by such escort bureau, another business, or is self-employed.
(d) “Escort patron” means any person who seeks or obtains the services of an
escort, escort bureau, or escort bureau runner. Patrons must be at least eighteen (18) years
of age, or a person under the age of eighteen (18) for whom their parent or legal guardian
consents to the services of an escort, escort bureau, or escort service runner.
(e) “Good cause,” for the purpose of refusing or denying initial license issuance
or license renewal, means:
(1) The licensee or applicant has violated, does not meet, or has failed to
comply with any of the terms, conditions, or provisions of this Chapter or municipal
law, including but not limited to the failure to pay taxes in a timely manner;
(2) The licensee or applicant has failed to comply with any special terms
or conditions that were placed on its license at time of issuance or in prior
disciplinary proceedings or arose in the context of issuance or potential
disciplinary proceedings;
(3) The licensee or applicant has failed to demonstrate sufficient good
character; or
(4) Evidence that the licensed premises or business has been or will be
operated in a manner that adversely affects the public health, welfare, safety, or
morals of the immediate neighborhood in which the establishment or business is
located, which evidence may include unlawful behavior or sexual acts or offers.
(f) “Licensed premises” means that single, fixed, non-movable, discrete,
identifiable location at which a licensed activity is permitted and is conducted under the
authority of any one license.
(g) “Local licensing authority” or “licensing authority” means the City License
Officer or License Officer, being the Director of Finance or his or her designee.
(h) “Person” means a natural person, partnership, association, company,
corporation, or organization or a managing agent, servant, officer, partner, owner,
operator, or employee of any of them.
(i) “Sexual acts” means sexual intercourse, masturbation, fondling, sodomy,
bestiality, oral copulation, flagellation or any sexual act prohibited by law. This definition
does not include modeling or erotic dancing.
Sec. 9-16-2. - Licensing authority.
The City License Officer or License Officer, as defined by Pueblo Municipal Code
Section 9-1-1, or his or her designee, shall be the local licensing authority in the City for
the licensing of escort services as authorized by the Colorado Escort Service Code, C.R.S.
§ 29-11.8-101 et seq., and shall possess all powers given to local licensing authorities by
the provisions of said code.
Sec. 9-16-3. – Licenses required; transferability.
(a) Escort license. No person shall hold himself or herself out to the public as
an escort, or accept compensation as an escort, without having first secured a license
therefor from the licensing authority.
(b) Escort bureau license. No person shall conduct, manage, or carry on an
escort bureau without having first secured a license therefor from the licensing authority.
(c) Escort bureau runner license. No person shall represent himself or herself
as an escort bureau runner, or accept compensation as an escort bureau runner, without
having first secured a license therefor from the licensing authority.
(d) It shall be unlawful for any person to hold oneself out or act as an escort,
escort bureau, or escort bureau runner without first obtaining a valid license and identity
card.
(e) 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
the person 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 bureau, or escort
bureau runner. Although a person may have multiple licenses, each license shall be tied
to one location and one escort, escort bureau, or escort bureau runner. Every escort or
escort bureau runner must obtain a separate and distinct license for each escort bureau
for which he/she is employed, including self-employment.
(f) No license granted under the provisions of this Chapter may be transferred
or assigned, with or without consideration, without the consent of the licensing authority.
Any attempted transfer or assignment without the consent of the licensing authority shall
render the applicable license void.
Sec. 9-16-4. - Applications.
(a) Application for a license under this Chapter shall be made on forms prepared
and furnished by the licensing authority, which shall set forth such information as it may
require to enable it to determine whether a license should be granted. The licensing
authority may also require further written clarification or details regarding submitted
information. Each application shall be verified by the applicant’s oath or affirmation. A
reasonable processing fee of twenty-five dollars ($25.00) will be required for each
application.
(b) Each application for a license shall contain the following information at a
minimum, verified by oath or affirmation of the applicant, and shall be accompanied by the
following documents:
(1) If the applicant is an individual, the individual shall state:
a. The applicant’s name or any other names or aliases used by
the individual;
b. The applicant’s age, date of birth, place of birth, height, weight,
color of eyes and hair;
c. The current residential and business addresses and telephone
number of the applicant;
d. Each residential and business address of the applicant for the
five (5) years immediately preceding the date of the application, and the
inclusive dates of each such address; and
e. Applicant’s business, occupation, and employment history for
the five (5) years immediately preceding the date of application.
(2) If the applicant is a partnership, the applicant shall state the
partnership’s complete name, the names, addresses, and ages of all partners and
whether the partnership is general or limited, and shall provide a copy of the
partnership agreement, if any;
(3) If the applicant is a corporation, association or other organization, the
applicant shall state the organization’s complete name, the date of its organization,
evidence that it is in good standing under the statutes of the State of Colorado, or
in the case of a foreign organization, evidence that it is currently authorized to do
business in the State of Colorado, the names, addresses, ages, and capacities of
all of its officers and directors, including the president, vice-president, secretary,
and managing officer, and the name, address, and age of the registered corporate
agent and the address of the registered office for service of process;
(4) Names, addresses, and ages of employees, if any;
(5) Current state drivers’ licenses or government-issued photo
identification cards showing proof that the applicant and all employees are at least
eighteen (18) years of age, or other proof of lawful presence in the United States;
(6) Whether the applicant has been arrested for any criminal act, the date
of the arrest, and the location of the offense;
(7) Submitted background checks and the results thereof;
(8) Whether the applicant or any of its officers, directors, or partners has
held an escort license issued pursuant to the Colorado Escort Service Code, C.R.S.
§ 29-11.8-101 et seq., or similar code from another State, and the years and location
thereof;
(9) The license or permit history for the five (5) years immediately
preceding the date of the filing of the application, including whether such applicant
has ever had a license, permit, or authorization to do business denied, revoked, or
suspended, or had any professional or vocational license or permit denied,
revoked, or suspended. In the event of any such denial, revocation, or suspension,
state the date, the name of the issuing or denying jurisdiction, and full description
of the reasons for the denial, revocation, or suspension. The applicant shall list any
licenses or permits previously or currently held in any other jurisdiction, and if any,
the name and jurisdiction that issued such other license or permit;
(10) Address and color photos of the proposed licensed premises and
proof of applicant’s ownership or lease thereof, where sale or lease may be
conditioned on the applicant receiving a license;
(11) A statement that the proposed licensed premises is not located at the
same geographic location as a license that was revoked or had its renewal denied
in the two (2) years immediately preceding the application;
(12) Sample documents to satisfy the requirements of Section 9-16-12;
(13) Affidavits from each person attesting that he or she is at least
eighteen (18) years of age and has been a resident of Colorado for at least six (6)
weeks immediately prior to the filing of the application;
(14) Statement that if licensed, the applicant will obtain an identity card
from the Police Department.
(c) The Licensing Officer shall not accept any application that is not complete
in every detail. If the Licensing Officer discovers an omission or error, the application shall
be rejected and returned to the applicant for completion or correction without further
action by the Licensing Officer. All fees shall be returned with the application. For the
purposes of this Chapter, the date the Licensing Officer accepts an application that is
complete in every detail, including the receipt of the criminal history from the Colorado
Bureau of Investigations, shall be considered the filing date.
(d) When a complete application for a license has been accepted for filing, the
required individuals having been fingerprinted and photographed, and the license fee has
been paid, the Licensing Officer shall transmit the application to the Pueblo Police
Department for investigation of the background of each individual applicant and each of
the other individuals required to be listed in the license application, and to investigate the
accuracy of all the information submitted as a part of the application. The investigation
required by this section should be completed within thirty (30) days from the date the
application is submitted to the Police Department, except that the Police Department may
request an additional thirty (30) day extension from the Licensing Officer should it
experience unexpected delays or wish to perform further investigation. Upon completion
of its investigation, the Police Department shall promptly forward the application and the
investigation results to the Licensing Officer for administrative review.
(e) An application with completed background investigation shall be
administratively approved or denied by the Licensing Officer. An application shall be
approved, and a license shall be issued, unless the licensing authority finds that one or
more of the following is true:
(1) That the applicant made a false statement or gave false information
in connection with the application;
(2) That an individual to be licensed as an escort or as an escort bureau
runner is not (i) eighteen (18) years of age and (ii) a resident of the state of Colorado.
(3) That a person to be licensed as an escort bureau or escort bureau
runner:
a. If an individual, he or she (i) has not attained the age of
eighteen (18) years, or (ii) has not been a resident of this state for at least six
(6) weeks immediately prior to the filing of the application; or
b. If a partnership or limited partnership, a partner (i) has not
attained the age of eighteen (18) years, or (ii) has not been a resident of this
state for at least six (6) weeks immediately prior to the filing of the
application; or
c. If a corporation, association or other organization, a director
or officer of the organization (i) has not attained the age of eighteen (18)
years, (ii) has not been a resident of this state for at least six (6) weeks
immediately prior to the filing of the application, or (iii) the corporation is not
qualified with the secretary of state to do business in this state or is
incorporated under the laws of this state but is not in good standing.
(4) That the applicant has been convicted of a crime of moral turpitude
or illegal sexual acts, or the applicant was arrested for a crime of moral turpitude or
illegal sexual acts that was dismissed due to a plea bargain in which the applicant
pled guilty to the crime in exchange for the dismissal of the crime;
(5) The license is to be used for employment in a business or
establishment of a business prohibited by local or state law, statute, rule or
regulation; or
(6) The applicant has had an escort bureau license, an escort license, or
an escort bureau runner license revoked or suspended within five (5) years of the
date of the current application;
(7) The applicant is a prohibited person pursuant to Pueblo Municipal
Code Section 9-16-10;
(8) There is good cause for denial.
(f) In the event the licensing authority considers information concerning the
applicant's or licensee's criminal history record, the licensing authority shall also consider
any information provided by the applicant or licensee regarding the criminal history
record, including, but not limited to, evidence of mitigating factors, rehabilitation,
character references, and educational achievements, especially those items pertaining to
the period of time between the applicant's last criminal conviction and his or her
application for a license or license renewal. The applicant or licensee should present
written documentation to the Licensing Officer regarding the applicant’s or licensee’s
criminal history, including but not limited to evidence of mitigating factors, rehabilitation,
character references, and educational achievements, especially those items pertaining to
the period of time between the applicant’s or licensee’s last criminal conviction and his or
her application for a license or license renewal. The Licensing Officer shall consider any
such information submitted by the applicant or licensee and determine whether it is
sufficient to allow license issuance despite a disqualifying factor listed in subsection (e)
above. Should the applicant or licensee decide not to provide such written information,
the Licensing Officer will be forced to rely solely on the criminal history record and other
information submitted in the application.
(g) Before granting or denying any new license or license renewal for which an
application has been made, the licensing authority or its agents may visit and inspect the
property in or from which the applicant proposes to conduct his or her business, the
proposed licensed premises.
Sec. 9-16-5. – Fees.
(a) Applicants shall pay an application processing fee of twenty-five dollars
($25.00).
(b) Each applicant shall pay an application investigation fee in the amount then
charged by the Pueblo Police Department for each person who will be investigated as
required by this chapter.
(c) Applicants and licensees shall pay the following licensing fees annually in
advance to the City of Pueblo upon granting of a new license or renewal of a license:
(1) For the issuance or renewal of an escort bureau license: five hundred
dollars ($500.00);
(2) For the issuance of a new escort or escort bureau runner license: five
hundred dollars ($500.00);
(3) For each renewal of an escort or escort bureau runner license: two
hundred fifty dollars ($250.00);
(4) Late renewal fee for an escort bureau license: five hundred dollars
($500.00);
(5) Late renewal fee for an escort or escort bureau license: one hundred
dollars ($100.00).
(d) The application fee is nonrefundable and in addition to any license fee
required by this Chapter. The license and renewal fees shall be nonrefundable, unless an
application is denied. City Council may change or amend these fees by Resolution.
Sec. 9-16-6. – Appeal of application denial.
(a) Written Findings. In the event that the Licensing Officer denies a license
application, the Licensing Officer shall prepare written findings of fact stating the reasons
or basis for the denial. A copy of the Licensing Officer’s findings shall be sent by certified
mail, return receipt requested, to the address of the applicant as shown in the application
within ten (10) days after the date of the Licensing Officer’s denial. The Licensing Officer's
decision to deny a license application shall become a final administrative decision of the
City on the fourteenth (14th) day following the date of the denial unless the applicant files
a timely request for appeal to the Mayor or his or her designee as provided in this section.
(b) Appeal Hearing. In the event that the Licensing Officer denies a license
application, an applicant shall have the right to a quasi-judicial hearing before the Mayor
or his or her designee for the purpose of appealing the Licensing Officer's administrative
decision. Any request for a hearing must be made in writing to the Mayor or his or her
designee within ten (10) days of the date of the mailing of the Licensing Officer's written
findings and denial of the license application. The hearing shall be conducted within
twenty-one (21) days of the Mayor's or his or her designee's receipt of the written request
for a hearing, unless a later date is requested by the applicant.
(c) Scheduling. Upon receipt of a timely request for a hearing, the Mayor or his
or her designee shall schedule a hearing and notify the applicant of the date, time, and
place of the hearing. The City may make such notification by telephone provided that a
written notice shall also be mailed or delivered to the applicant at the applicant's address
shown in the application. An attorney or other representative may represent an applicant
at the hearing. An applicant or the City may request a continuation or postponement of the
hearing date.
(d) Subpoenas. The Mayor or his or her designee shall have the power to
administer oaths, issue subpoenas, and when necessary, grant continuances. Subpoenas
may be issued to require the presence of persons and the production of papers, books,
and records necessary to the determination of any hearing which the Mayor or his or her
designee conducts. It is unlawful for any person to fail to comply with any subpoena issued
by the Mayor or his or her designee. Upon failure of any witness to comply with such
subpoena, the City Attorney or the applicant may petition the Municipal Court, setting forth
that due notice has been given of the time and place of attendance of the witness and the
service of the subpoena, requesting that the court, after hearing evidence in support of or
contrary to the petition, enter its order compelling the witness to attend and testify or
produce books, records or other evidence, under penalty of punishment for contempt in
case of willful failure to comply with such order of court.
(e) Conduct of Hearing. At the hearing, the Mayor or his or her designee shall
hear and consider such evidence and testimony presented by the City, the applicant, or
any other witnesses called by the City or the applicant relevant to the stated reason and
basis for the Licensing Officer's denial of the license application. The Mayor or his or her
designee shall conduct the hearing in conformity with quasi-judicial proceedings and shall
permit the relevant testimony of witnesses, cross-examination, and presentation of
relevant documents and other evidence. The hearing shall be recorded stenographically
or by electronic recording device. Any person requesting a transcript of such record shall
pay the reasonable cost of preparing the record.
(f) Written Order. Not less than fourteen (14) days following the conclusion of
the hearing, the Mayor or his or her designee shall send a written order by certified mail,
return receipt requested, to the applicant at the address as shown on the application. The
order shall include findings of fact and a final decision concerning the approval or denial
of the application. In the event that the Mayor or his or her designee concludes that the
application is approved, such approval shall constitute approval by the Licensing Officer,
and the applicant may seek issuance of a license in accordance with this Chapter.
(g) Appeal of Order. The order of the Mayor or his or her designee made
pursuant to this section shall be a final decision and may be appealed pursuant to
Colorado Rule of Civil Procedure 106. For purposes of any appeal, the Mayor's or his or
her designee's decision shall be final upon the earlier of the date of the applicant's receipt
of the order or four (4) days following the date of mailing.
Sec. 9-16-7. – Licensed premises.
(a) The licensed premises must be at a single, fixed, non-movable, discrete,
identifiable location. The licensed premises shall be under the sole control of the licensee,
through ownership or written agreement. The premises must be fully enclosed, and control
maintained at all times the licensee is on the premises. Should licensee’s companionship
be erotic in nature or have erotic elements, including erotic dancing or modeling, the
interior of the premises and escort activities shall be completely screened from outside
view in accordance with zoning and building requirements.
(b) No person shall obtain a license under this Chapter without first having
ownership of or lease in effect on the proposed licensed premises. Ownership or lease of
the proposed licensed premises may be conditioned on the applicant receiving a license.
(c) A licensed premises may not be located at the same geographic location as
a license that was previously revoked or had its renewal denied in the two (2) years
immediately preceding the filing date the application.
(d) A licensed premises cannot be used for an “adult use” or “adult
entertainment use” pursuant to Chapter 11 of Title 17 of the Pueblo Municipal Code.
Sec. 9-16-8. – License terms; renewal.
(a) All licenses granted pursuant to this Chapter shall be valid for a period of
one (1) year from the date of their issuance, unless earlier revoked or suspended. The
licensing authority may refuse to issue or renew any license for any disqualifying factor
under Section 9-16-3(e), including good cause. No license shall be renewed until the
licensee has paid all taxes due to the City and any complaints have been resolved.
(b) Application for the renewal of an existing license shall be made to the
licensing authority not less than forty-five (45) days prior to the date of expiration. The
Licensing Officer may accept a renewal application filed after this deadline upon payment
of the late renewal fee but shall in no case accept a renewal application filed less than
fourteen (14) days prior to the date of expiration. Licensees failing to file a renewal
application prior to this deadline shall be required to apply for a new license. The licensing
authority may cause a hearing on the application for renewal to be held. No such renewal
hearing shall be held by the licensing authority until a notice of hearing has been
conspicuously posted on the licensed premises for a period of ten (10) days and notice of
the hearing has been provided to the licensee at least ten (10) days prior to the hearing.
(c) No changes of location for licensed premises shall be allowed without the
consent of the licensing authority. Any attempted change of location for licensed premises
without the consent of the licensing authority shall render the applicable license void. If
the licensing authority finds a license void for such reason, the licensee shall not hold any
license available under this Chapter for a period of two (2) years from the date of the
finding.
(d) When a license has been issued to a husband and wife, the death of a spouse
shall not require the surviving spouse to obtain a new license. All rights and privileges
granted under the original license shall continue in full force and effect as to the survivor
for the balance of the license.
(e) The licenses provided pursuant to this Chapter shall specify the date of
issuance, the time period covered, the name of the licensee, and the premises licensed.
The license shall be conspicuously displayed at all times in the licensed premises so it
may be readily seen by persons entering the premises.
(f) Every applicant, licensee, agent, or employee of an applicant or licensee,
prior to commencing work, shall obtain a photographic identity card from the Pueblo
Police Department in a form prescribed by the licensing authority and shall carry the
identity card at all times while in or upon the licensed premises or while acting as an
escort, escort bureau, or escort bureau runner. The identity card shall at a minimum
include the type of license, the person’s photo and date of birth, and the address of the
licensed premises. The card shall also have a statement that human trafficking is illegal in
this state pursuant C.R.S. §§ 18-3-503 and 18-3-504; and the name, telephone number, and
internet website address of a local, statewide, or national organization that provides
assistance to victims of human trafficking and slavery.
(g) No escort bureau or escort bureau runner shall employ the services of any
person who has not obtained a valid identity card. Every licensed escort, escort bureau,
or escort bureau runner shall possess the identity card when providing services. The
identification card shall at all times be the property of the City and must be surrendered
upon renewal denial, suspension, revocation, or voluntary termination of the license.
Sec. 9-16-9. – Denial of renewal, suspension or revocation of license
(a) Denial of Renewal, Suspension or Revocation. The Mayor or his or her
designee may deny renewal, suspend, revoke, modify, or place conditions on the
continuation of an escort bureau license, escort license, or escort bureau runner license
upon a finding that the licensee:
(1) Has violated any of the provisions of this Chapter;
(2) Has engaged in a criminal act involving moral turpitude or illegal
sexual acts; or
(3) Has allowed or has permitted any other person to violate any of the
provisions of this chapter or engage in a criminal act involving moral turpitude or
illegal sexual acts.
(b) Complaint. A licensee shall be entitled to a quasi-judicial hearing before the
Mayor or his or her designee if the City seeks to deny renewal, suspend, revoke, modify,
or place conditions on a license based on a violation of this Chapter.
(c) Probable Cause. When there is probable cause to believe that a licensee has
violated or permitted a violation of this Chapter or other laws to occur, the City Attorney
or other Department Director may file a written complaint with the Mayor or his or her
designee setting forth the circumstances of the violation. The Mayor or his or her designee
shall send a copy of the complaint by certified mail, return receipt requested, to the
licensee at the address as shown on the license application, together with a notice to
appear before the Mayor or his or her designee for the purpose of a hearing to be
conducted at a specified date and time and at a place designated in the notice to show
cause why the licensee's license should not be suspended. Such hearing shall be held on
a date not less than fourteen (14) days following the date of mailing of the complaint and
notice to the licensee. No renewal hearing shall be held by the Mayor or his or her designee
until a notice of hearing has been conspicuously posted on the licensed premises for a
period of ten (10) days and notice of the hearing has been provided to the licensee at least
ten (10) days prior to the hearing. A licensee may be represented at the hearing by an
attorney or other representative.
(d) Conduct of Hearing. At the hearing, the Mayor or his or her designee shall
hear and consider such evidence and testimony presented by the Police Department or
other enforcement officers, the City, the licensee, or any other witnesses called by the City
or the licensee which are relevant to the violations alleged in the complaint. The Mayor or
his or her designee shall conduct the hearing in conformity with quasi-judicial proceedings
and shall permit the relevant testimony of witnesses, cross-examination, and presentation
of relevant documents and other evidence. The hearing shall be recorded either
stenographically or by electronic recording device. Any person requesting a transcript of
such record shall pay the reasonable cost of preparing the record. Subpoenas may be
issued in accordance with the provisions of Section 9-16-6.
(e) Written Findings. The Mayor or his or her designee shall make written
findings of fact from the statements and evidence offered and shall reach a conclusion as
to whether the alleged violations occurred. Such written findings and conclusion shall be
prepared and issued not less than fourteen (14) days following the conclusion of the
hearing. If the Mayor or his or her designee determines that a violation did occur which
warrants denial of renewal, suspension, revocation, modification, or conditioning of the
license pursuant to this section, he or she shall also issue an order denying renewal,
suspending, revoking, modifying, or placing conditions on the license. A copy of the
findings, conclusion, and order shall be hand delivered or mailed to the licensee by
certified mail, return receipt requested, at the address as shown on the license application.
(f) Appeal. The order of the Mayor or his or her designee shall be a final decision
and may be appealed pursuant to Colorado Rule of Civil Procedure 106. For purposes of
any appeal, the Mayor's or his or her designee's decision shall be final upon the earlier of
the date of the licensee's receipt of the findings, conclusion, and order or four (4) days
following the date of mailing of the Mayor's or his or her designee's decision.
(g) No Refund and Costs of Enforcement. In the event of suspension,
revocation, modification, conditioning, or cessation of business, no portion of the license
fee shall be refunded. Any person whose license is suspended, revoked, modified, or
conditioned under this section, shall be required to pay the costs incurred by the City to
enforce this ordinance, including but not limited to attorneys’ fees, expert witness and/or
consultant fees.
Sec. 9-16-10. – Persons prohibited as licensees.
(a) No license provided by this Chapter shall be issued to or held by:
(1) Any corporation, any of whose officers, directors, or stockholders
holding ten percent (10%) or more of the issued or outstanding capital stock thereof
are not of good moral character;
(2) Any partnership, association, or company, any of whose officers or
members holding ten percent (10%) or more interest therein are not of good moral
character;
(3) Any person employing, assisted by, or financed in whole or in part by
any other person who is not of good moral character;
(4) A peace officer or any of the local licensing authority's inspectors or
employees;
(5) Any person unless the person is of good moral character;
(6) Any person with a conviction or guilty plea to a charge based upon
acts of sexual misconduct or prostitution of any kind, regardless of the jurisdiction
in which the act was committed, within the last five (5) years.
(b) For purposes of determining good moral character, the licensing authority
may consider the criminal record of all applicants, 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.
Sec. 9-16-11. – Unlawful acts; violations.
(a) It is unlawful for any person during or in connection with the provision of
escort services to:
(1) Knowingly expose his or her genitals, anus, buttocks, pubic region,
or female breasts;
(2) Touch, or to encourage, facilitate, or aid another in touching the
genitals, anus, buttocks, pubic region, or female breasts of any person even if
completely and opaquely covered;
(3) Engage in, encourage, or request, or permit any person to engage in,
encourage, or request sexual acts;
(4) Provide a service that is an “adult use” or “adult entertainment use”
in accordance with Pueblo Municipal Code Section 17-11-1 et seq.;
(5) Operate an escort bureau or work as an escort or escort bureau
runner without a currently valid local license;
(6) Employ the services of any person who has not obtained a valid
license and photographic identity card;
(7) Work as an escort or escort bureau runner without obtaining and
carrying a valid identity card pursuant to this Chapter;
(8) Interfere with or refuse to permit any inspection of the premises of an
escort service by the Pueblo Police Department or agent of the City acting in
compliance with this Chapter;
(9) Allow the provision or procurement of any escort service to or for any
person under the age of eighteen (18) years without the written consent of such
person's parent or legal guardian. If any person who, in fact, is not eighteen (18)
years of age exhibits a fraudulent proof of age, reasonable reliance on such
fraudulent proof of age may constitute an affirmative defense to any actions
seeking the revocation or suspension of any license issued under this Chapter or
to any criminal action arising because a person is not at least eighteen (18) years
of age.
(b) For the purposes of this section, “in connection with” means any act which
furthers, advances, promotes, or has a continuity of purpose, and may occur before,
during, or after the provision of an escort service.
(c) It is unlawful and a Class 1 municipal offense to permit any person under the
age of eighteen (18) years to be employed as an employee in an escort bureau. If any
person who, in fact, is not eighteen (18) years of age exhibits fraudulent proof of age,
reasonable reliance on the fraudulent proof of age may constitute an affirmative defense
to any action seeking the revocation or suspension of any license issued pursuant to this
Chapter or to any criminal action arising because a person is not at least eighteen (18)
years of age.
(d) Each person licensed pursuant to this Chapter shall conduct the licensed
premises in a decent, orderly and respectable manner and shall not permit disturbances
or activity offensive to the senses of the average citizen, or to the residents of the
neighborhood in which the licensed premises is located. Each person licensed pursuant
to this part shall not violate, or permit to be violated, any local, state or federal law based
on acts of dishonesty, fraud, deceit, violence, weapons, substance abuse or narcotics,
sexual misconduct, or prostitution-related misconduct of any kind, whether or not the acts
were committed in this State. Licensees must immediately report all convictions,
dismissals, plea agreements, or other dispositions to the licensing authority.
(e) It shall be unlawful for any licensed escort bureau, escort bureau runner or
escort to engage in, authorize, solicit, request, command, or knowingly tolerate unlawful
acts. A licensee shall immediately report to the Police Department any unlawful or
disorderly act or conduct, or any disturbance committed on the licensed premises,
including any solicitation for prostitution.
Sec. 9-16-12. – Duties of escort bureau and escort.
(a) Every escort bureau shall refer all prospective escorts or escort bureau
runners to the licensing authority for licensing. Upon termination of employment of any
escort or escort bureau runner from an escort bureau, the escort bureau shall notify the
local licensing authority of such termination within five (5) days.
(b) The escort bureau or escort shall provide to each escort patron a written
contract for services. The contract shall clearly state the name and address of the 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. If services are to
be performed on the escort patron’s property, a statement that the escort patron agrees to
their property being used in such a way. The contract shall include a statement, printed in
bold block letters and no smaller than the impression of twelve-point type, 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 bureau. The contract shall be
signed by the escort bureau or escort and the escort patron, and a copy furnished to him
or her. The escort bureau shall also retain copies of all such contracts, and one copy of
each such contract executed in any calendar month shall be transmitted by the escort
bureau to the licensing authority no later than ten (10) days after the last day of such
month. The licensing authority shall treat such contracts transmitted to it as open public
records.
(c) Each escort bureau shall provide to each employee of the escort bureau an
oral and written notice in English, with a translation in the employee’s native language if
the employee is a non-native English speaker, that includes:
(1) A statement that human trafficking is prohibited in this state by the
provisions of C.R.S. §§ 18-3-503 and 18-3-504; and
(2) The name, telephone number, and internet website address of a local,
statewide, or national organization that provides assistance to victims of human
trafficking and slavery.
(d) A licensee shall have the affirmative duty to report to the Police Department
any unlawful or disorderly act or conduct, or any disturbance, including any solicitation
for prostitution.
Sec. 9-16-13. – Records; contracts.
(a) Every licensee shall keep a record of services rendered, describing the
services provided, the address where the services were rendered, the name and address
of the patron, the age of the patron, the name of the escort rendering the services, the date
and hour of the services, and the payment received for the services. Records shall be
maintained for a period of two (2) years from the date of service.
(b) The manager, principal, or owner of an escort bureau shall keep and
maintain records for all employees, independent contractors, escorts and escort bureau
runners. These records shall, at a minimum, contain the following: name, age, current
address and telephone numbers, photograph, description of the duties and
responsibilities of the person, a copy of any escort or escort bureau runner license held
by the person, and any other information reasonably required by the licensing authority.
A copy of all records required by this section must be kept on the licensed premises.
(c) It shall be the responsibility of the escort bureau licensee to notify the
licensing authority within five (5) days of the initial employment, discharge, termination,
suspension or resignation of any employee, independent contractor, escort or escort
bureau runner. Notice shall be in writing and include the information required to be kept
pursuant to this section and any specific reason or cause for the employee's termination
or suspension. A manager, principal, or owner of the escort bureau must sign the notice.
(d) It shall be the responsibility of any employee, independent contractor, escort
or escort bureau runner to surrender his or her license to the Licensing Officer within five
(5) days of discharge, termination, or resignation from an escort bureau.
(e) It shall be unlawful for any manager, principal, or owner of an escort bureau
to fail or refuse to provide the licensing authority with the information required to be kept
by this section.
Sec. 9-16-14. – Right of entry.
The Pueblo Police Department or any other authorized agent of the City may
conduct inspections of escort services to ensure compliance with the requirements of this
Chapter during regular business hours or during any time of apparent activity. It shall be
unlawful for any escort bureau to refuse entry and/or inspection.
Sec. 9-16-15. – Violations; penalty.
(a) Police officers, Code Enforcement, or other authorized representatives of a
City Department may enforce the provisions of this Chapter while performing their duties
and acting under proper orders or regulations, including the power to arrest and the
authority to issue summons and complaints for violations of this Chapter.
(b) Any person violating a provision of this Chapter is guilty of a Class 1
municipal offense. In addition to any other penalties, the municipal court trying such
offense may decree that any license theretofore issued under the provisions of this
Chapter be suspended or revoked, and may decree that no such license shall thereafter
be issued to any such person for a period not to exceed one (1) year.
(c) The penalties provided in this section shall not be affected by the penalties
provided in any other section of this Chapter, the Pueblo Municipal Code, or State law, but
shall be construed to be an addition to any other penalties.
(d) Any violation of law committed by a licensee, agent, or employee of a
licensee, or which any of the same permitted on the licensed premises or adjacent
grounds, shall be imputed to the licensee for purposes of determining whether a violation
occurred and imposing sanctions.
Sec. 9-16-16. – Severability.
If any paragraph or subparagraph of this Chapter is held invalid or unconstitutional
by a court of competent jurisdiction, such decision shall not invalidate the remainder of
this chapter and, to this end, the provisions of this chapter are declared to be severable.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of the Ordinance to effectuate the policies and procedures described
herein.
SECTION 3.
This Ordinance shall become effective thirty (30) days after the date of final action by the
Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on October 28, 2019.
Final adoption of Ordinance by City Council on November 11, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on November 14, 2019 .
□
Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 28, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Valerie Palumbo, Business Licensing Manager
Trevor D. Gloss, Assistant City Attorney
SUBJECT: AN ORDINANCE AMENDING TITLE IX OF THE PUEBLO MUNICIPAL CODE BY
THE ADDITION OF A NEW CHAPTER 16 RELATING TO ESCORT LICENSES
SUMMARY:
Attached for consideration is an ordinance creating Chapter 16 of Title IX of the Pueblo Municipal
Code relating to escort licenses.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Upon request for an application for a license to operate an escort service within a local
government’s jurisdiction, C.R.S. § 29-11.8-115 requires the local government to implement
standards and licensing provisions governing escort services. An application for a license to
operate an escort service within the City’s jurisdiction has been requested. The City is now
required to implement standards and licensing provisions governing escort services.
FINANCIAL IMPLICATIONS:
The ordinance will charge the following fees for escort licenses, which are limited by law: (i) five
hundred dollars ($500.00) for the issuance or renewal of an escort bureau license; (ii) five hundred
dollars ($500.00) for the issuance of a new escort or escort bureau runner license; and (iii) two
hundred fifty dollars ($250.00) for each renewal of an escort or escort bureau runner license.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If City Council does not approve this Ordinance, the City will be in conflict with C.R.S. § 29-11.8-
115 and legal action may be brought against the City.
RECOMMENDATION:
Not applicable.
Attachments: Proposed Ordinance