Was this in someone's home? Should she have refused entry?
There are cities and counties that require Escort license. I would like to ask escorts if they ever obtain an escort license. Can an escort have sex with the client with an escort license without offering or agreeing to exchange money for sex acts? It cannot be prostitution if there is no offer or agreement of payment for sex acts. It’s interesting that there are cities that do not express in their ordinance that prohibit escorts from having sex with their client.
Can escort license be a defense in court?
Sacramento City Code
5.04.010 Definitions
“Escort” means a person who, for pecuniary compensation, consideration, hire or reward, 1. escorts or accompanies others to or about social affairs, entertainment or places of amusement, or 2. keeps company with others about any place of public resort or within any private quarters.
“Escort bureau” means a business that, for pecuniary compensation, consideration, hire or reward furnishes or offers to furnish escorts.
4.34.010 Definitions—Adult-Related Establishment.
It is unlawful, a misdemeanor and a public nuisance for any person to operate an adult-related establishment as owner or otherwise, unless the owner thereof has first received an adult-related establishment permit. (Prior code § 28.06.061)
5.04.060 Application for massage technician or escort permit.
A. An application for a massage technician or escort permit shall be made to the chief of police on a form provided by the city clerk. Prior to submitting such application a non-refundable fee as established by resolution of the city council shall be paid to the department of finance to defray, in part, the cost of investigation and report required by this title. The department of finance shall issue a receipt to the applicant showing that such permit application fee has been paid. The issuance of such a receipt shall not authorize the giving of a massage or acting as an escort, until the necessary regulatory permit has been lawfully granted. The applicant shall provide the chief of police with the receipt or a copy thereof at the time of applying for a permit under this section.
and the consensus seems to be that going for one of these licenses is like painting a bull's eye on your back, so it's thanks but no thanks.
I doubt you could use the defense you suggest if the client turned out to be LE.
(still not a lawyer)
I've check on many municipals concerning escort licenses. Most municipals do not even have one escort that register or get licensed by the city, town, or county.
I think it is a good idea that escorts get licensed. They can claim in court they are escorting not doing prostitution.
Escort Licensing
Most cities make it virtually impossible to get and comply with escort licensing laws. Many cities laws have been designed by Christian morality lawyers, especially anti pleasure crusader Scott Bergthold and Community Defense Council which started the attack in Phoenix in 1999, and then Tampa, with goal to help 1000 cities in America combat adult pleasures.
Phoenix is probably typical
An escort needs an ID card to work under a licensed "escort bureau" Makes it easy to bust if do any kind or escort ad and have no ID.
Your bureau has to have a physical location open to the public with posted hours but can have a security system that must be accessible to law enforcement officers, during all other hours that escorts are working.
Any phones used in ads etc have to be on file with the City Clerk. License has to be easily seen by patrons walking in to an "open office" where detailed business records are kept.
You must provide a “contract” to all clients that state in details the service and costs.
Business records must include 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.
Incalls can be done at the bureau and outcalls logged in the business records will all these details.
It is illegal if a bureau"
Employs, contracts with, or refers or provides to a patron, a sexually oriented escort or any sexual conduct or solicits 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.
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.
It is unlawful to operate an escort bureau that has not been issued a separate license for each location at which the escort bureau conducts business or advertises.
It is unlawful for any person to work or perform services as, conduct, operate, manage, or maintain a sexually oriented escort bureau, regardless of license.
===================================
The Strong Enemy - Religious Righteous groups and individuals that have made a profession out of stamping out adult pleasure throughout the US with laws that have been upheld by court challenges.
The Law Office of Scott D. Bergthold
http://www.adultbusinesslaw.com/ has a national practice focused on the drafting and defense of municipal adult business regulations based on Christian moral values. A recognized leader in assisting cities and counties with sexually oriented business matters, the firm's goal is to leverage its expertise on behalf of municipal clients to provide constitutionally sound ordinances and effective resolution of industry challenges. His website lists 41 cities he has representing to be sure there is no pleasure sharing amongst adults. He was prime person testifying before the Phoenix city council representing then the national organization in 1999 to make swing clubs illegal in Phoenix as well as fighting to be sure strip clubs could be restricted in business hours etc at the 9th Circuit in CENTER FOR FAIR PUBLIC POLICY v. MARICOPA COUNTY ARIZONA http://caselaw.findlaw.com/us-9th-circuit/1308163.html
Bergthold has written volumes on strategies for combating sexually oriented businesses. His book "Local Regulation of Adult Businesses, 2011-12 edition (updated every few years) lists for $646 on amazon.com in paperback.
Bergthold graduated from Regent University of Law in 1997. Its mission statement suggests that Spencer is on the right track. It reads: “Our mission is to serve as a leading center of Christian thought and action providing an excellent education from a Biblical perspective and global context in pivotal professions to equip Christian leaders to change the world.”
Bergthold use to be in Phoenix as I wrote in 2000:
Enemy of Adult Entertainment - Powerful Group in Scottsdale to stamp out Adult Entertainment Across America
"Our" local idiot Scott Bergthold in the Press again. Now under a new name "Community Defense Council" Scott led the charge against adult sexual freedoms in Phoenix and Scott was quoted by Tampa newspapers related to the new restrictions in Tampa.
He use to call is band of anti sex warriors NATIONAL FAMILY LEGAL FOUNDATION. Now the name has changed to COMMUNITY DEFENSE COUNCIL"Protecting Children and their Neighborhoods".
See their website at http://www.communitydefense.org/ still active in 2012 to stamp out adult business across America.
don't need to prove sex for money. Usually have extreemly high fines. The whole purpose is to chase providers away.
An escort license does not grant permission to engage in prostitution but only social escorting anyway.
It's very similar to Massage practioners without license... easy to prove without proving sexual violations.
Escorts can show up at the door and police can arrest them without solicitation for prostitution. This makes it easiler. They know that sometimes escorts do not give in to their offers. So the police could just place them under arrest for no license.
A MASSAGE provider... recieved a inspector visit based on an ad... cited for no license, unmarked fire exits, no emergency lighting in a place of business, no crash bars (emergency unlocking) on the doors, zoning violation... Fines were in the thousands. The whole point was to drive such people out of the city.
Was this in someone's home? Should she have refused entry?
The member hasn't been on in a while to ask but I got the impression the inspector posed as a client, once inside, announced city inspection.
Fire safety laws ban locked doors, often require fire alarms in every room, even a bathroom. I know one athletic club who removed the door from an equipment storage area so to not need another fire alarm display. After the Station Nightclub Fire, new fire laws are very strict here.