Sec. 10-87. Definitions.
In this Article, unless the context otherwise requires:
A. Applicant means the person applying for a license pursuant to this Article.
B. City Clerk means the City Clerk of the City of Phoenix or the City Clerk’s designee.
C. Designated agent means the individual designated by the applicant to receive City notices pursuant to this Article.
D. Employed means the state of being hired, engaged or authorized to provide any service on a full time, part time, or contract basis, whether the individual is denominated an employee, independent contractor or otherwise, and whether the individual is compensated.
E. Escort means 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.
F. Escort bureau means 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.
G. Escort bureau runner means 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.
H. Licensee means 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.
I. Manager means an individual authorized by the licensee to exercise overall operational control of the business, to supervise employees, or to fulfill any of the functions required of a manager by this Article.
J. Offer to provide acts of sexual conduct means to offer, propose or solicit to provide sexual conduct to a patron, including all conversations, advertisements and acts that would lead a reasonably prudent person to conclude that such acts were to be provided.
K. Open office means 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 manager of the owner having authority to bind the bureau to escort and patron contracts and adjust patron and consumer complaints.
3. All telephone lines and numbers listed to the escort bureau, or advertised as escort bureau numbers, must be on file with the City Clerk.
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 hotel or motel room, of the patron, the date and time of referral, name of escort sent and whether the referral resulted in an escort service and the total fee received from the patron, if any.
6. The business license be posted in a conspicuous place to patrons upon entry.
L. Person means any individual, firm, partnership, corporation or association of any kind.
M. Person financially interested means, for a corporation, any person who is an officer or a director or any shareholder holding more than five percent 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 five percent of gross or ten percent of net revenue.
N. Service oriented escort means an escort for whom all of the following are true:
1. Operates from an open office.
2. Does not employ or use an escort bureau runner.
3. Does not advertise that sexual conduct will be provided or work for an escort bureau that so advertises.
4. Does not offer, solicit, agree to provide, or provide sexual conduct.
O. Service oriented escort bureau means an escort bureau for which all of the following are true:
1. Maintains an open office at an established place of business.
2. Does not use an escort bureau runner.
3. Does not advertise, offer, solicit, agree to, or provide sexual conduct to a patron.
4. Employs or provides only escorts who possess escort identification cards.
P. Sexual conduct means 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.
Q. Sexual gratification means sexual conduct as defined herein.
R. Sexually oriented acts means sexual conduct as defined herein.
S. Sexually oriented escort means an escort for whom any of the following are true:
1. Employs an escort bureau runner as an employee, agent or independent contractor.
2. Works for, as an agent, employee or independent contractor, or is referred to a patron by, a sexually oriented escort bureau.
3. Advertises 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 that so advertises.
4. Solicits, offers, agrees to provide or does provide acts of sexual conduct to an escort patron.
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.
T. Sexually oriented escort bureau means an escort bureau for which any of the following are true:
1. Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided.
2. Uses as escorts persons known to have been convicted of any offense in Chapter 32 (Prostitution) of Title 13, Arizona Revised Statutes, Sections 23-52 or 23-53, Phoenix City Code, or of the same or similar offense in another state or jurisdiction, within the previous five years.
3. Does not maintain an open office.
4. Employs as an employee, agent or independent contractor, or uses an escort bureau runner.
5. Advertises that sexual conduct will be provided or that escorts that provide such sexual conduct will be provided, referred, or introduced to a patron.
6. Solicits, offers or agrees to provide or does provide acts of sexual conduct to a patron.
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.
9. Employs, contracts with, or refers or provides to a patron, a sexually oriented escort.
U. Sexual stimulation means 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." (Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-3683, § 26; Ord. No. G-3891, § 1; Ord. No. G-5035, § 1, 2007)
Cross reference—Definitions and rules of construction generally, § 1-2.