RFCA - O-2009-9 REQUEST FOR COUNCIL ACTION

ORDINANCE: 0-2009-9

SUBJECT: Add Chapter 5.53 of the Lakewood Municipal Code pertaining to the licensing of escort services and amending Section 9.45.020 and Section 9.50.080 of Title 9 pertaining to public peace and safety.

RECOMMENDATION: City Council approve the proposed ordinance.

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

A concern was raised at the study session that the definition of escort service could be construed as encompassing computer dating services. To address this point, the definition of escort service has been amended to be a business that arranges meetings with escorts. Dating services are thereby excluded from the definition of escort services since dating services are not in the business of furnishing or arranging for clients to meet escorts. Escorts are paid companions.

Additionally, the draft version of the Ordinance presented at study session has been amended to make it clear that caregivers for elderly and disabled persons are exempt from the escort licensing requirements. The proposed Ordinance states that any business, agency, or person that provides escort services for at-risk adults when such services are provided as part of a social welfare and health program for such at-risk adults do not have to be licensed as escorts or escort services.

The major provisions of the proposed Ordinance would:

• Require that escorts, escort service runners, and escort services be licensed;

• Require all applicants for an escort service license, an escort license, or an escort service runner license to be photographed and fingerprinted and to submit a completed application form;

• Subject every applicant to a background investigation and make conviction of any sexual offense or any crime involving prostitution grounds for denial of the application;

• Establish procedures for the denial, suspension, or revocation of licenses;

• Require licensees to display the license within the place of business and require every licensed escort or licensed escort runner to carry or have readily available a City escort photographic identification card that would have to be presented upon demand of a peace officer or a designee of the City Clerk;

• Prohibit any escort, escort service runner, or escort patron during or in connection with the provision of escort services from touching or exposing intimate parts or engaging in, encouraging, requesting, or permitting any acts of sexual intercourse or masturbation;

• Require escorts to provide the City Clerk with a written contract for escort services for each patron as required by Section 12-25.5-112, C.R.S.; and

• Require a yearly renewal of the escort, escort service, or escort service runner licenses.

DATE OF FIRST READING: January 26, 2009

DATE OF SECOND READING: February 9, 2009

ORIGINATED BY: Police Department

STAFF PERSON RESPONSIBLE: Janet Young, Deputy City Attorney, 303-987-7102

DOCUMENTS ATTACHED: Ordinance O-2009-9
Redline Version of Ordinance

SUBMITTED BY:
Kevin Paletta, Chief of Police

REVIEWED BY:
Joni Inman, Director, Mayor's and City Manager's Office
Michael J. Rock, City Manager