City Council Meeting:  October 12, 2010 Santa Monica, California

ORDINANCE NUMBER  (CCS)

(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGARDING MATCHMAKING AND ESCORT SERVICES

WHEREAS, since 1954, the Santa Monica Municipal Code has prohibited the operation of any “escort service, personal introductory service, marriage bureau, lonely hearts club, or other business of a like nature”; and

WHEREAS, with the advent of computer technology, personal introduction and dating services have expanded and become a common and reputable way to meet others for social interaction; and

WHEREAS, the business model of these services differs from escort services because persons using dating services are not compensated for their participation; and

WHEREAS, permitting bona fide matchmaking and dating services to operate within the City will benefit City residents and also benefit the City’s economy.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

          SECTION 1.  Section 3.36.060 of Chapter 3.36 of the Santa Monica Municipal Code is hereby amended to read as follows:

No person shall operate, in the City of Santa Monica, an escort service, personal introduction service, marriage bureau, lonely hearts club, or other similar business of a like nature in the City of Santa Monica that furnishes or offers to furnish persons who escort others for compensation.

          SECTION 2.  Section 6.14.060 of Chapter 6.14 of the Santa Monica Municipal Code is hereby amended to add subdivision (q) as follows:

(q) Matchmaking, dating, or personal introductory services.

(1)  Matchmaking, dating, or personal introductory (“matchmaking services”) are services which are offered or performed primarily to assist persons in becoming socially acquainted or meeting for social purposes.

(2)  Application for police permit.  Any applicant for a matchmaking service police permit must furnish the following:

(a)  The name of the business and the address where it is to be conducted.

(b)  The full name of the applicant.

(c)  The residence and business address(es) and telephone number(s) of the applicant for the last three (3) years.

(d)  A California driver’s license or identification number and social security number of the applicant.

(e)  Any criminal convictions of the applicant, excluding minor traffic offenses, stating the date, jurisdiction, nature, and sentence of each conviction.

(f)    Any other information reasonably required by the Chief of Police to determine the truth of the matters set forth in the application.  Such information may include, but is not limited to, fingerprints and, if the applicant is a corporation, information about officers, directors, or board members.

(3)  The following conditions shall apply to any police permit for a matchmaking service:

(a)  No matchmaking service may operate in the City without first obtaining a police permit.

(b)  No person or entity granted a police permit may use any name or conduct business under any designation other than that specified in the police permit.

(c)  When any change occurs regarding the information required on the application for a police permit, the permittee must give written notification of the change to the Chief of Police within ten days after such change.

          SECTION 3.  Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

          SECTION 4.  If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.  The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.

          SECTION 5.  The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.  The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.   This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:

_________________________

MARSHA JONES MOUTRIE

City Attorney