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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