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PHOENIX
ESCORTS AND ESCORT BUREAUS
James Hays Wants TaxPayers to Pay for His and CityWorkers' STDs

These Ordinances are presently in the Local Phoenix District Court for their Unconstitutionality. On February 19, 2003, US District Court Judge Rosenblatt was supposed to issue a Temporary Restraint Order on these Ordinances. According to the US District Court Rules of Procedures, there are only two reasons that such orders may not automatically be issued, and that is if the Motion is filed under Rule 12 (b) or Rule 56 of the Federal Rules of Civil Procedure. This Motion for Temporary Restraint Order was not filed under either one of those District Court Rules, but under Rule 65 (not 56). Thus the Motion for Temporary Restraint Order should have automatically been granted. Instead, Judge Rosenblatt required City Attorney James Hays to file a Response to the Motion for TRO on February 14, 2003. On that same day in a different courtroom, both Judge Rosenblatt and James Hays (Haas - typo on the other suit) were being sued for not providing a fair hearing before a previous ruling. The judge in the other case issued a ruling for the only case where both Judge Rosenblatt and James Hays are named defendants together on the same day, February 14, 2003. During the February 19, 2003 TRO Hearing, City Attorney James Hays committed several verifiable acts of perjury before the United States District Court. If you'd like to read how Judge Rosenblatt refused to hold a TRO Hearing and avoided the issues when such TROs are automatically supposed to be granted via Rule 65 of the Civil Rules of Federal Procedure and if you'd like to view sections of the Transcripts where City Attorney James Hays commits verifiable acts of perjury, please click below.

This case is will be appealed to the 9th Circuit Court of Appeals in an Emergency Act.

Portions of TRO Transcript Hearing 2/19/03: James Hays Perjury: Judge Rosenblatt Admittedly Avoiding TRO Issue

Sec. 10-87. Definitions.

As used in this Article:

A. APPLICANT - The person owning, operating, and/or conducting the business to be licensed, including all persons financially interested in the business, the manager(s) or other individual(s) principally in charge of the operation of the business and the responsible managing officer designated pursuant to this Article.
B. CITY CLERK - The City Clerk of the City Clerk Department of the City of Phoenix or her designee.
C. CONSIDERATION - Money or money's worth.
D. ESCORT - Any person who for monetary consideration in the form of a fee, commission or salary, is held out to the public as available for hire to consort with or to accompany another or others to social affairs, places of amusement or entertainment, within any place of public resort, or within any private quarters.
E. ESCORT BUREAU - Any person who for a fee, commission, profit, payment or other monetary consideration, furnishes, refers, or offers to furnish or refer escorts, or provides, or offers to introduce, patrons to escorts.
F. ESCORT BUREAU RUNNER - Any person, not an escort, who for a salary, fee, hire, reward, or profit, as the agent for either an escort bureau or a patron, contacts or meets with escort patrons or escort bureaus at any location other than the established open office, as defined hereunder, whether that person is employed by the escort bureau or any business, or is self-employed.
G. LICENSEE - A person who is the holder of a valid license under this ordinance. A licensee includes an agent, servant, employee or other person while acting on behalf of that licensee whenever such licensee is or would be prohibited from doing or performing an act or acts under this title.
H. OFFER TO PROVIDE ACTS OF SEXUAL CONDUCT - To offer, propose or solicit to provide sexual conduct to a patron. Such definitions include all conversations, advertisements and acts which would lead a reasonably prudent person to conclude that such acts were to be provided.
I. OPEN OFFICE - An office at the licensed escort bureau address from which escort business is transacted; to qualify as an open office it is required that:
(1) Business hours be established and posted and that the office be open to the public and patrons or prospective patrons during such business hours and that the office be accessible to business invitees, business license officials and law enforcement officers through a security system during all other hours that escorts are working.
(2) The office be managed by the owner or a management employee of the owner having authority to bind the bureau to escort and patron contacts and adjust patron and consumer complaints;
(3) All telephone lines and numbers listed to the escort bureau, or advertised as escort bureau numbers, terminate at the open office and at no other location.
(4) An index of all employees and escorts be kept in the open office;
(5) All business records be kept in the open office including records of escort calls and referrals, stating the name and address, including all hotel or motel room, of the patron, the date and time of the referral, name of escort sent and whether the referral resulted in an escort service and the toal fee received from the patron, if any.
J. PERSON - Any individual, or any firm, partnership, corporation or association of any kind.
K. PERSON FINANCIALLY INTERESTED - For the corporation, any person who is an officer or a director of any shareholder holding more than 5% of the shares thereof; and for a noncorporate business any person who shares in any financial gain attributable to the business as a proprietor or owner or on the basis of a percentage in excess of 5% of gross or 10% of net revenue.
L. SERVICE ORIENTED ESCORT - An escort who:
(1) Operates from an open office; and
(2) Does not employ or use an escort bureau runner; and
(3) Does not advertise that sexual conduct will be provided or work for an escort bureau which so advertises; and
(4) Does not offer, solicit, agree to provide, or provide sexual conduct.
M. SERVICE ORIENTED ESCORT BUREAU - An escort bureau which:
(1) Maintains an open office at an established place of business; and
(2) Does not use an escort bureau runner; and
(3) Does not advertise, offer, solicit, agree to, or provide sexual conduct to a patron; and
(4) Employs or provides only escorts who possess escort identification cards.
N. SEXUAL CONDUCT - Engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of arousing or gratifying sexual desire of another person.
O. SEXUAL GRATIFICATION - Sexual conduct as defined herein.
P. SEXUALLY ORIENTED ACTS - Sexual conduct as defined herein.
Q. SEXUALLY ORIENTED ESCORT - An escort who:
(1) Employs an escort bureau runner as an employee, agent or independent contractor; or
(2) Works for, as an agent, employee or independent contractor, or is referred to a patron by a sexually oriented escort bureau; or
(3) Advertised that sexual conduct will be provided, or works for as an agent, employee or independent contractor, or is referred to a patron by an escort bureau which so advertises; or
(4) Solicits, offers, agrees to provide or does provide acts or sexual conduct to an escort patron; or
(5) Accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort bureau.
R. SEXUALLY ORIENTED ESCORT BUREAU - An escort bureau which:
(1) Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided; or
(2) Uses as escorts persons known to have violated the law regarding prostitution.
(3) Does not maintain an open office; or
(4) Employs as an employee, agent or independent contractor, or uses an escort bureau runner; or
(5) Advertises that sexual conduct will be provided or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron; or
(6) Solicits, offers or agrees to provide or does provide acts of sexual conduct to a patron; or
(7) Employs, contracts with or provides or refers escorts who do not possess escort identification cards as required herein;
(8) Does not deliver contracts to every patron or customer; or
(9) Employs, contracts with, or refers or provides to a patron, a sexually oriented act.
S. SEXUAL STIMULATION - To excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined under "offer to provide acts of sexual conduct."

Sec. 10-88. Non-profit corporation, or organization exemptions.

An organization which is qualified for exemption from taxation of income under A.R.S. 43-1202, paragraph 1, 2, 4, 5, 6, 7, 10 or 11, and all professions, occupations and businesses which are licensed by the state of Arizona or any political subdivision thereof pursuantto a specific statute or ordinance, and all employees employed by a business so licensed, and which perform an escort or escort bureau function as a service merely incidental to the primary function of such organization, profession, occupation or business and which do not hold themselves out to the public as an escort or escort bureau, are exempt from licensing pursuant to this article. Any employment agency, licensed by the state which provides escorts as defined herein must, however, obtain a license as required by the chapter.

Sec. 10-89. Escort Bureau license required.

It shall be unlawful for any person to work or perform services as, conduct, manage, operate, or maintain an escort bureau unless licensed pursuant to this Article.
It shall further be unlawful for any person to operate a business which has been licensed under this article while the license for that business is suspended.
It shall also be unlawful for any person to work or perform services as, conduct, operate, manage, or maintain a sexually oriented escort bureau, regardless of license. A separate license is required for each location and name by which the escort bureau conducts business or advertises. Not withstanding any other provisions of this article, any person required to obtain a sexually oriented business license to operate an adult cabaret pursuant to the provisions of section 10-133(A)(1) is exempt from the requirements of this article for all activities for which a license is required pursuant to section 10-133(A)(1).

Sec. 10-90. License nontransferability.

The term of a license issued pursuant to the provisions of this Article is one year. All licenses issued pursuant to this Article are nontransferable.

Sec. 10-91. Application for escort bureau license; contents; required fee.

A. An applicant for an escort bureau license shall file an application with the City Clerk accompanied by a non refundable application fee.
B. Unless otherwise provided in this Article, the application shall contain the name and address of the activity and the following information about the applicant, any person financially interested in the activity to be licensed, any authorized local agents, and any managing employee of the activity to be licensed:
(1) The name, including any aliases, business trade names or styles;
(2) Present residence and business addresses and telephone numbers, as applicable;
(3) Each residence and business address for the five-year period immediately proceeding the date of the filing of the application and the inclusive dates of each such address;
(4) Arizona driver's license;
(5) Valid proof of age and that the applicant is at least eighteen (18) years of age;
(6) Height, weight, color of eyes and hair and date of birth;
(7) Two (2) current 2" x 2" photographs;
(8) The business, occupation or employment history for the three-year period immediately preceding the date of the filing of the application;
(9) Information as to whether such individual or business has ever been refused any similar license or permit or has had any similar license or permit issued to such individual or business in Phoenix or elsewhere revoked or suspended, and the reason or reasons therefor;
(10) All prior criminal convictions excepting minor traffic offenses;
(11) Fingerprints;
(12) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of incorporation or charter together with the state and date of incorporation, and the names, residence addresses, and dates of birth of each its current officers and directors, and each stockholder holding more than five(5) percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the names, residence addresses and dates of birth of each of the partners, including limited partners and profit interest holders. If the applicant is a limited partnership, the applicant shall furnish a copy of the certificate of limited partnership. If one or more of the partners is a corporation, the provisions of this subsection pertaining to the corporations shall apply. The corporation or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this Ordinance, but only one application fee shall be charged;
(13) A description of any service to be provided together with a declaration that the services to be provided shall no involve those of a sexually oriented escort or escort bureau;
(14) The names and residential addresses of all persons employed as escorts.
C. The City Clerk shall have a reasonable period of time in which to investigate the application and background of the applicant and process the application through various City Departments.
D. The City Clerk shall grant the license upon the following circumstances:
(1) The required fees have been paid;
(2) The application conforms in all respects to the provisions of this Article;
(3) The applicant has not made a material misrepresentation of fact in the application;
(4) That neither the applicant, if an individual; nor any person financially interested if a corporation; nor any of the partners, including limited partners, nor the holder of any profit interest, nor the manager or other person principally in charge of the operation of the existing or proposed escort bureau, nor any individual employed or contracted with to be an escort or to provide escort services has been convicted of, pleaded nolo contendere to or guilty to any felony, or to a misdemeanor involving moral turpitude, within five years prior to the issuance of the license. This section shall be inapplicable to an individual whose civil rights have been restored in accordance with law, unless the conviction involves a criminal violation of this article.
(5) The applicant has not had a license similar to the one issued pursuant to the provisions of this Article issued by another authority, suspended or revoked within the five-year period immediately preceding the date of the filing of the application.
(6) The escort bureau complies with all applicable laws of the City of Phoenix, County and State; and
(7) The applicant, manager or other person principally in charge of the operation of the business is at least eighteen (18) years of age.
(8) The applicant has not had a license issued pursuant to this Article suspended or revoked within the five-year period immediately preceding the date of filing of the application.
E. The City Clerk shall deny the license application if all of the requirements set forth in subsection (D) (1) through (8) of this subsection have not been met. In the event of denial, the applicant shall be notified by mail of the denial and the reasons therefore. The applicant may appeal such denial to the License Appeal Board pursuant to the provisions of Chapter 19 of the Phoenix City Code.

Sec. 10-92. Escort, unlawful to work as, exception.

It shall be unlawful for any person to work or perform services as an escort within the City of Phoenix unless employed by a licensed escort bureau or licensed as an escort bureau. It shall also be unlawful for any person to work or perform services as a sexually oriented escort regardless of license.

Sec. 10-93. Escort identification card.

Each escort bureau licensee shall be issued identification cards in its name and in the names of each person who shall engage in the activity of an escort on its behalf. This card must be carried on the person of any individual while such person is engaged in the activity of an escort within the City of Phoenix. Such identification card shall be displayed upon request of any Phoenix Police Officer or other law enforcement official.

Sec. 10-94. Escort bureau duties

A. The escort bureau shall provide to each patron a written contract and receipt of payment for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount of money such services shall cost the patron, and any special terms or conditions relating to the service to be performed.
B. The escort bureau shall maintain an open office at the licensed location. The address of that office shall be included in all patron contracts. Private rooms or booths where the patron may meet with the escort shall not be provided at the open office or at any other location by the escort bureau.
C. The escort bureau, in terms of licensing consequences, is responsible and liable for the acts of all its employees and subcontractors including but not limited to, telephone receptionists and escorts who are referred by that bureau while the escort is with the patron.

Sec. 10-94.A. Advertising without a license.

It is unlawful to advertise or hold out to the public the availability of an escort or escort bureau without obtaining a license therefore as provided in this article, whether the actual business of escorts or escort bureau as defined in this article is performed. The escort business license number must be prominently displayed in such advertisements.

Sec. 10-95. Information Update

Any changes in information required to be submitted by this Article must be given to the City Clerk within ten (1) days of any such change.

Sec. 10-96. Prohibited activities.

It shall be unlawful for a licensee to provide escort services as described in this Article to individuals under eighteen (18) years of age unless written authorization by a parent or legal guardian is issued to the escort when acting as such.

Sec. 10-97. Renewal of licenses

Any license issued pursuant to the provisions of this Article, which has not been suspended or revoked, may be renewed for a period of not to exceed one year on written application to the City Clerk made at least 45 days prior to the expiration date of the current valid license. The renewal application shall be on a form provided by the City Clerk and shall contain all of the information required by Section 10-91.

Sec. 10-98. Fees.

A non-refundable application fee in the amount of $85.00 shall accompany each application for an escort. A non-refundable application fee in the amount of $245.00 shall accompany each application for an escort service bureau. Upon approval an initial license fee of $50.00 shall be assessed. A renewal fee of $25.00 shall accompany each renewal application. A fee of $3.00 shall accompany each request for the issuance of an escort identification card.

Sec. 10-99. Revocation of license, grounds and procedure; appeal.

A. Any license issued pursuant to this Article shall be revoked upon any one or more of the following grounds:
(1) The licensee, any employee, agent, or any other person connected or associated with the license as a partner, director, officer, stockholder or manager, or any "person financially interested" as defined in Section 10-87(P), has violated any provision of this Article in conducting an activity licensed under the provisions of this Article.
(2) The licensee, any employee, agent or any other person connected or associated with the licensee as a partner, director, officer, stockholder or manager, or any "person financially interested" as defined in Section 10-87(P) has made a material misrepresentation of fact in the application for any license required in this Article.
(3) The licensee has been convicted, subsequent to the issuance of any license of a crime which is either a felony or a misdemeanor involving moral turpitude or has offered or agreed to or rendered the service of a sexually oriented escort.
(4) The licensee has violated a provision of this Article in conducting a licensed activity pursuant to this Article.
(5) The licensee is a corporation and is not or is no longer qualified to transact business in the State of Arizona.
B. To revoke a license, the City Clerk shall notify the licensee in writing by mail to the address as shown on the application or otherwise more recently of record, that said license or permit is revoked. The cause for such revocation shall be set forth in the notice.
C. Except as otherwise provided in this Article, the license shall terminate if the licensee fails to pay any license fee owed either when due or by the end of any renewal period.
D. Appeals from the revocation or termination of a license as provided for in this Article may be appealed to the License Appeal Board in accordance with the procedures in Article II of Chapter 19 of the Phoenix City Code.
E. A revoked license shall be surrendered to the City Clerk on demand at the expiration of the appeals process.

Sec. 10-100. Applicability of regulations to existing businesses.

The provisions of this Article shall be applicable to all persons and activities described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this Article into law. All such persons and businesses shall have sixty (6) days from said effective date hereof to comply with the provisions of this Article.

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