Ordinance 89-037COLLIER COUNTY ORDINANCE NO. 89- 37
AN ORDINANCE RELATING TO ESCORT SERVICE BUSINESSES;
SETTING FORTH PURPOSE AND INTENT; PROVIDING TITLE,
~PPLICABILITY AND DEFINITIONS; PROVIDING FOR PERMIT
~ .REQUIREMENT AND APPLICATION; PROVIDING FOR LOCATION
· .~.-~'REQUIREMENT; PROVIDING FOR DISCLOSURE OF ESCORT
.."SERVICE BUSINESS RECORDS; SETTING FORTH PERMIT,
.. LICENSE AND PATRON AGE LIMITATIONS; SETTING FORTH
.;. PERMIT TERM AND FEE; PROVIDING FOR PERMIT AND
:':.:~LICENSE SUSPENSION, DENIAL OR REVOCATION;.PROVIDING
-:i!'~-'FOR LICENSE REQUIREMENT, APPLICATION, TERM AND FEE;
':'~'PROVIDING FOR NON-EXCLUSIVITY; PROVIDING FOR ENFORCE-
'~ENT; SETTING FORTH PENALTIES; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County, Florida has determined that the conducting of escort
service businesses in Collier County requires regulation by
ordinance d6e to the nature and extent of such businesses within
Collier County; and
WHEREAS, the Board of County Commissioners of Collier County
hereby finds that it is in the promotion of the public good, and
is necessary for the health, safety and welfare of the citizens
of Collier County that the regulations as established by this
Ordinance for escort service businesses be enacted.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF T~
COMMISSIONERS OF COLLIER COUNTY, that: ~:~ ~_ '11
SECTION ONE: PURPOSE AND INTENT. ~
It is the purpose and intent of Collier County to ~m~e
protect and improve the health, s.-fety and welfare q~--~th~. ~
citizens of Collier County by providing reasonable regu~'~ion of
escort service businesses to insure the safe and appropriate
operation of such businesses within Collier County.
It is further intended that all persons operating or engaged
in the escort service business be regulated by County ordinance
in order to avoid and prevent illegal conduct and activities in
conjunction with the operation of escort service businesses.
It is further intended that only those persons or entities
duly authorized by a Collier County permit and escort license
shall be permitted to conduct escort service businesses in
Collier County.
SECTION TWO: TITLE AND CITATION.
This Ordinance shall be known and may be cited as the
"Collier County Escort Service Ordinance".
SECTION THREE: APPLICABILITY.
This Ordinance shall apply to and be enforced in all
unincorporated areas of Collier County, Florida.
SECTION FOUR: DEFINITIONS.
A. "Convicted and/or Conviction" means any adjudication of
guilt by a court of law on any plea, verdict or plea of Nolo
Contendre.
B. "Customer/Client/Patron" means any person who engages,
hires or receives the services of an escort from an escort
service business in exchange for a fee, charge, commission or
consideration ~f any kind whatsoever.
C. "Employee" means an owner, investor, manager, escort,
office help or any other entity on the payroll, on commission, or
working as an independent contractor, subcontractor and/or
service provider whether paid directly, or indirectly, by the
Escort Agency, its client or agent.
D. "Escort" means any individual person who for a fee,
charge, commission, percentage, profit, or consideration of any
kind whatsoever, accompanies another individual, or individuals
to or about social functions, places of entertainment, or
amusement, or who may consort with others in or about any public
place, public resort, or private place or quarters.
E. "Escort License" means the specific County license
issued by the Collier County Tax Collector to an individual who
is acting as an employed escort in Collier County.
F. "Escort Service or Escort Agency" means any corpora-
tion, association, partnership, organization, agency, person or
group of persons or any entity who for a price, fee charge,
commission, percentage, profit, or any other valuable considera-
tion:
(1) Provides the name, telephone number and/or address
of any person (employee) to another person (client); or
(2) Provides an introduction of any person (employee)
to another person (client); or
(3) Arranges a meeting of any person (employee) with
another person (client), for the purpose of the escort accompany-
ing the client to social affairs, entertainment events or places
of amusement, or to consort with others in or about any public or
private locations.
G. "Permit" means the specific County permit issued by the
Collier County Tax Collector for the right to conduct activities
as an escort service business in Collier County.
H. "Permit }{older" means the legal entity to whom an
escort service business permit is issuer and who is, by
application for a permit, established as legally responsible for
the escort service business.
I. "Person" means an individual, association, firm,
partnership, corporation or other legal entity.
SECTION FIVE: PERMIT REQUIRED TO CONDUCT ESCORT SERVICE
BUSINESS.
No corporation, association, organization, agency, partner-
ship, person, or group of persons shall conduct, manage, carry on
or operate any escort service, within Collier County, Florida,
without having first obtained a permit for such purpose from the
Tax Collector of Collier County.
Upon issuance the permit shall be prominently displayed.on
the premises of the escort service business at all times.
The permit shall not be sold, transferred, assigned, leased,
encumbered or otherwise disposed of with or without considera-
tion, by the permit holder, and shall immediately become null and
uoid if any of the above events take place.
SECTION SIX: APPLICATION FOR PERMIT.
Each application for a permit shall be in writing, on a form
provided by the 3ollier County Tax Collector's office. The
information previJed thereon shall be sworn to by the applicant,
and shall include copies of documentation for verification where
applicable, i.e. driver's license as proof of date of birth.
Each application shall be processed only if it contains the
following information in full, with no omissions:
(1) The name and date of birth o~ the Applicant and any
other name the Applicant is now or has ever been known by or
used.
(2) The name(s) and date(s) of birth of any other person or
persons who may be involved in the ownership, management or
conduct of the escort service.
(3) The residence and business addresses of the Applicant.
(4) The residence and business addresses of any other
owners, managers or employees who may be involved in the
ownership, ~anagement or conduct of ~:he escort service.
(5) The address of the business location of the escort
service.
(6)
service.
(7)
Ail telephone numbers used or to be used by the escort
A statement concerning every owner, manager or
employee, clearly stating each person's past conviction of a
crime, the type of crime, the date, location and type of
conviction, and/or a statement of no criminal history.
(8) The name and address of the registered agent, if the
Applicant is a corporation.
SECTION SEVEN: LOCATION OF THE ESCORT SERVICE.
The escort service business shall not be located in ~'
private residence and must comply with all current Collier County
zoning regulations and ordinances. The escort service business
location shall be prominently identified and advertised on the
exterior of the business location, and may be advertised by any
other lawful advertising means as chosen by the owner of the
business. The Collier County Tax Collector shall be notified in
writing within three (3) business days of any change in location
of the escort ser',ice business.
SECTION EIGHT: ESCORT SERVICE BUSINESS RECORDS.
A. The permit holder shall maintain records of all business
transactions.
tion:
These records shall contain the following informa-
(1) Date and time of each transaction.
(2) Name of customer.
(3) Address of customer, both business and residence.
(4) Driver's license number of the customer and state
of issue.
(5) Telephone number of customer, both business and
residence.
(6) Name of the escort service employee involved in
the transaction.
It is the permit holder's responsibility to ensure that
sufficient and authentic proof of identification is furnished by
every customer.
B. A record of each transaction shall be placed on file at
the escort service business within one (1) business day of the
completion of the transaction.
C. The escort service shall maintain current and complete
records of all of its employees. These records shall, at a
minimum, include the following information:
(1) Name of Employee
(2) Residence Address
(3) Residence Telephone Number
(4) Other Current Employment Information Such As:
Business Address and Telephone
Number, Employer and Position
(5) Any Criminal Record - Yes or No; if yes, list
convictions.
(6) Physical Description of Employee to include such
information such as: gender (sex), race, hair,
eyes, weight and height.
It is the permit holder's responsibility to ensure that all
employees employed or otherwise engaged as an escort by the
permit holder's escort service are advised of the license
requirements of this Ordinance and are licensed to act as escorts
within Collier County, Florida.
D. The records required by this Ordinance shall be kept
and maintained at the business location of the permit holder.
E. In order to insure compliance with the provisions of
this Ordinance, the business records of the permit holder shall
be made available for reasonable inspection at the business
location of the escort service, upon request and without court
order to members of the Collier County Sheriff's office, the
Collier County Tax Collector's Office, or any other duly
authorized law enforcement agency.
SECTION NINE: AGE LIMITATION FOR PERMIT.
No permit shall be issued to any person under the age of
twenty-one (21) years. No permit holder shall employ any
individual under the age of twenty-one (21) years. No permit
holder shall provide an escort to any customer or patron under
the age of twenty-one (21) years.
SECTION TEN: TERM OF PER,lIT.
The permit issued pursuant to this Ordinance shall be valid
until September 30, 1989 and thereafter shall be sold by the
Collier County Tax Collector beginning September 1 of each year,
shall be due and payable on October 1 of each year and shall
expire at midnight on September 30 of the succeeding year, unless
otherwise previously revoked.
SECTION ELEVEN: PE~4IT FEE.
The initial fee for the annual permit shall be $30.00, which
shall include an appropriate amount to be retained by the Collier
County Tax Collector for administrative expenses. The fee may be
adjusted from time to time by resolution of the Board of County
Commissioners without the necessity for adhering to the general
ordinance amendment regulations.
SECTION ~{ELVE: PERMIT DENIAL/REVOCATION.
A. No escort service permit shall be issued to any
corporation, association, organization, agency, partnership,
person or group of persons if the applicant, or any person
helping to conduct, manage, carry on, operate or invest in the
service, has been: ~
(1) Convicted of a felony, or
(2) Convicted of any offense relating to prostitution
(Chapter 796, F.S.), lewdness or indecent exposure (Chapter 800,
F.S.), obscene literature, profanity (Chapter 847, F.S.), any
other offense involving sexual misconduct, or any offense
relating to a violation of the controlled substance abuse laws
(Chapter 893, F.S.).
B. A determination that any false information has been or
was provided on an application shall be grounds for denial or
revocation of a permit.
C. Conviction for any felony or for any offense as set
forth in Section Twelve (A) (2) above, by the applicant or any
person engaged in conducting, managing, carrying on~ operating or
investing in the service shall be grounds for denial or
revocation of a permit.
D. Failure to comply with any provision of this Ordinance
shall be grounds for revocation of any permit issued, upon
conviction, or upon a finding of violation by the Collier County
Code Enforcement Board.
E. An automatic suspension of the permit shall be made by
the Collier County Tax Collector after a review by the Collier
County Attorney's Office of information provided and certified to
be accurate by the Collier County Sheriff's Office or other duly
authorized law enforcement agency that one or more of the '
provisions of this Ordinance have been violated by the
a~plicant/permit holder.
The permit holder shall not operate its escort service
business while the permit is suspended and shall surrender same
to the Collier County Tax Collector or his designee after written
notific&tion of the violations(s) and upon written demand.
F. Any appeal of a permit suspension, denial or revocation
shall be made, ~n writing, to the Collier County Board of County
Commissioners within ten (10) business days of the denial,
revocation or suspension and the matter shall be heard within 30
days thereafter at a regular meeting of the Board of County
Commissioners with the Board acting as the final administrative
review agency of the suspension, denial or revocation of the
permit. At such hearing, the applicant/permit holder or an
authorized representative shall have the opportunity to be heard
concerning the suspension, denial or revocation of the permit,
and the decision of the Board of County Commissioners shall be
final.
After the expiration of the tun (10) day period for the
request for an appeal, no administrative right of action shall be
afforded to the petitioner if petitioner has not filed a written
appeal within that time.
SECTION THIRTEEN~ PEa.lIT NOT EXCLUSIVE.
Nothing herein shall relieve the applicant of the
responsibility to apply for and obtain any other license or
permit required by law, to engage in such business or occupation
within Collier County, Florida.
SECTION FOURTEEN: ESCORT LICENSE REQUIRED.
No individual person shall be employed or otherwise engaged
as an escort within Collier County, Florida, without having first
obtained a license from the Collier County Tax Collector to be so
employed or engaged.
SECTION FIFTEEN: APPLICATION FOR ESCORT LICENSE.
Each application to obtain a license to act as an escort
with Collier County shall be submitted, in writing, on a fo'tm
provided by the Collier County Tax Collector. The information
provided on each application shall be sworn to by the Applicant.
Each application shall contain the following information:
(1) The name of the Applicant and any other name the
Applicant is now or has ever been known by or used.
(2) The residence address of the Applicant and the
telephone number at that location.
(3) T~ date of birth of the Applicant (licensee must
be at least twenty-one (21) years of age).
(4) Physical description to include: race, gender,
height, weight, hair color, eye color.
(5) Social Security Number.
(6) Driver's License Number and State of Issue.
(7) Type and location of prior work experience for the
pzavious three (3) years.
(8) The name of the escort service(s) the Applicant
will be employed by or associated with.
(9) Whether the Applicant has ever been convicted or a
crime and, if so, the date and location of the conviction and the
type of crime.
In addition to the above application, the Applicant shall
also submit to having his or her fingerprints taken and allow a
photograph to be taken by the Collier County Sheriff's Office
Any costs associated with processing the fingerprints and
photograph shall be charged to and paid by the applicant. Said
fingerprints and photograph shall be forwarded from the Sheriff's
Office directly to the Collier County Tax Collector and shall be
attached to and form a part of the application.
Any change in any of the information contained on the
application shall be reported by the Applicant, in writing, to
the Collier County Tax Collector within three (3) business days.
SECTION SIXTEEN: TERM OF LICENSE.
The license issued pursuant to this Ordinance shall be valid
until September 30, 1989 and thereafter shall be sold by the
Collier County Tax Collector beginning September 1 of each year,
shall be due and payable on October 1 of each year and shall
expire at midnight on September 30 of the succeeding year, unless
otherwise previously revoked.
SECTION SEVENTEEN: ESCORT LICENSE FEE.
The initial fee for an annual escort license shall be
$100.00, which shall include an appropriate amount to be retained
by the Collier County Tax Collector for administrative expenses.
The fee may be adj~%sted from time to time by resolution of the
Board of County Commissioners without the necessity for adhering
to the general ordinance amendment regulations.
9
SECTION EIGHTEEN: AGE LIMITATION FOR PATRON.
No individual licensed pursuant to this Ordinance shall
transact business with or otherwise serve as an escort for any
person, cu~temer, or patron who has not yet reached the age of
twenty-one (21) years.
SECTION NINETEEN: ESCORT LICENSE DENIAL/REVOCATION.
A. No escort license shall be issued to any person if the
Applicant has been:
(1) Convicted of a felony, or
{2) Convicted of any offense relating to prostitution
{Chapter 796, F.S.), lewdness or indecent exposure (Chapter 800,
F.S.), obscene literature, profanity (Chapter 847, F.S.), any
other offense involving sexual misconduct, or any offense
relating to a violation of the controlled substance abuse laws
(Chapter 893, F.S.).
B. A determination that any false information has been or
was provided on the application shall be grounds for denial or
revocation of an escort license.
C. Conviction for any felony or for any offense as set
forth in Section Nineteen A. (2) by the Applicant for an escort
lic,~nse shall be grounds for denial or revocation of a license.
D. Failure to comply with any provision of this Ordinance
shall be grounds for revocation of any license issued, upon
conviction, or upon a finding of violation by the Collier County
Code Enforcement Board.
E. An automatic suspension of the license shall be made by
the Collier County Tax Collector after a review by the Collier
County Attorney's Office of information provided and certified to
be accurate by the Collier County Sheriff's Office or other duly
authorized law enforcement agency that one or more of the
provisions of this Ordinance have been violated by the license
holder.
F. Any a?~al of a license suspension, denial or revoca-
tion shall be made, in writing, to the Collier County Board of
County Commissioners within ten (10) business days of the
suspension, denial or revocation, and the matter shall be heard
within 30 days thereafter at a regular meeting of the Board of
County Commissioners with the Board acting as the final
administrative review agency of the suspension, denial or
revocation of the license. At such hearing, the applicant/
license holder or an authorized representative shall have the
opportunity to be heard concerning the suspension, denial or
revocation of the license, and the decision of the Board of
County Commissioners shall be final.
After the expiration of the ten (10) day period for the
request for an appeal, no administrative right of action shall be
afforded to the petitioner if the petitioner has not filed a
written appeal within that time.
SECTION TWENTY: LICENSE NOT EXCLUSIVE.
Nothing herein shall relieve the Applicant of the
responsibility to apply for and obtain any other license or
permit required by law to be so employed within Collier County,
Florida.
SECTION TWENTY-ONE:
ENFORCEMENT.
The authority to enforce the provisions of this Ordinance
shall be vested in the Collier County Tax Collector, the Sheriff
of Collier County, the Collier County Code Enforcement Board and
its Code Enforcement officials and any other duly authorized law
enforcement agency having jurisdiction in Collier County,'-
Florida.
SECTION TWENTY-TWO: PENALTIES.
Any corporation, association, organization, agency,
partnership, person, or group of persons found to be in violation
of any of the terms or conditions of this Ordinance shall be
deemed guilty of a misdemeanor and such violation shall be
punishable by a fine not exceeding Five Hundred Dollars ($500.00)
and/or sixty dayu {60) in jail for each day of violation. Each
violation shall Be considered a separate and distinct offense.
Each day of continued violation shall be considered a separate
and distinct offense.
SECTION TWENTY-THREE: CONFLICT AND SEVERABILITY.
~ J~-:~' dt~ c-[LES, Clerk
. ~ &','- ' "./7, .
'.'Approved.ag'?to-' form and
· /,;... ' l~a 1 'so f fi'Giency:
c.
Assistant County Attorney
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION TWENTY-FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
1989.PASSED AND DULY ADOPTED on this/3~day o:/&~~,/ ,
BOARD OF COUNTY COMMISSIONERS
BURT L. SAUNDERS, Chairman
12
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-37
which was adopted by the Board of County Commissioners on the
13th day of June, 1989, during Regular Sessioa.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of June, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of .~'
County,~-O-mmissioners -~
By: /s~irginla Hagri ~?.,
Deputy Clerk -'.,