Chapter
16A
LICENSE
AND BUSINESS REGULATIONS
Art.
I. Dealers in Used Goods, §§
16A-1—16A-39
Div.
1. Generally, §§ 16A-1—16A-25
Div.
2. License, §§ 16A-26—16A-39
Art.
II. Residential Development Tax, §§
16A-40—16A-55
Art.
III. Escorts, Escort Bureaus and
Introductory Services, §§ 16A-56—16A-74
Art.
IV. After-hours Establishments, §§
16A-75—16A-99
Art.
V. Tele-track Wagering Facility
Sites, §§ 16A-100—16A-111
Art.
VI. Adult-oriented Businesses, §§
16A-112—16A-139
Art.
VII. Teen Dance Halls, §§
16A-140—16A-159
Art.
VIII. Massage Establishments, §§
16A-160—16A-174
ARTICLE
I. DEALERS IN USED GOODS[1]
DIVISION
1. GENERALLY
Sec. 16A-1. Definitions.
The following words, terms and phrases
when used in this article shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Antiques
means goods and articles
which have a greater collectible, historic or nostalgic rather than utilitarian
value.
Antique
dealer means any person
operating a place of business that buys, sells or otherwise deals in antiques.
Additionally, to qualify as an antique dealer, such person must meet the
following additional requirements:
(1) Such person's inventory must consist of
more than fifty percent (50%) antiques by each licensed dealer;
(2) Such person must have a minimum of two (2)
years experience as an antique dealer or an employee thereof;
(3) Such person must furnish receipts for
property both sold, purchased or traded; and
(4) Such person must provide a written
guarantee that the article sold is what it purports to be.
Auction
house means any person
operating a place of business where property is received from other persons or
businesses, when such property is to be resold either publicly or privately for
cash, other property or other consideration to a third party by auction.
Pawnbrokers
means any person engaged
in conducting, managing or carrying on the business of pawnbroking, or the
business of loaning money for himself or for any other person, receiving as
security for the repayment thereof, pawns or pledges of personal property, or
the business of purchasing personal property and reselling or agreeing to
resell such articles to vendors, their personal representatives or their
assignees, at prices agreed upon at or before the time of such purchase,
whether such business be principal or sole business so carried on, managed or
conducted, or merely incidental to, in connection with or a branch or
department of some other business or businesses.
Scrap
dealer means any person,
engaged in the business of purchasing or obtaining material of any kind, such
as any vehicle parts or accessories, machinery, iron, copper, brass, lead,
zinc, tin, steel, aluminum and other metals, metal alloys, metallic cables,
wire, batteries, rope, rubber and other like materials which are purchased or
obtained from persons other than the original manufacturer or authorized
distributor selling the same for money, credit or exchange. The material purchased
or obtained is put to a use inconsistent with the original purpose of the
property; to be scrapped, dismantled, melted, pressed or otherwise disfigured,
and to be resold to others in the form so altered, or used by the purchaser in
its altered form. The provisions of this article shall not apply to any persons
engaged solely in recycling metal cans, paper, cardboard or glass.
Secondhand
dealer means any
person(s) engaged in conducting, managing or carrying on the business of
buying, selling, trading or exchanging, or otherwise dealing in secondhand
goods, wares, merchandise or articles, coins, jewelry, precious metals,
semiprecious stones and similar items, whether such business is the principal
or sole business so carried on, managed or conducted or is merely incidental
to, in connection with or a branch or a department of some other business. The term "secondhand dealer" shall
not be construed to include dealers or auctioneers in articles of property the
transfer of title to which is required by the laws of the state. Such is evidenced by written instrument and
recorded in the appropriate department of the state or county government.
(Code
1967, § 16A-l; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 90.22, § 1, 5-24-90)
Sec.
16A-2. Exemptions.
(a) Notwithstanding
any of the provisions of this article, isolated and causal transactions of the
kinds described in § 16A-1 shall be deemed exempt from the requirements of this
article.
(b) Notwithstanding
any of the provisions of this article, activities of the types described in §
16A-1 shall be exempt from the requirements of this article when conducted by
not for profit corporation, duly incorporated under the laws of
(c) Notwithstanding
any of the provisions of this article, activities of the types described in §
16A-1 involving books and other printed materials, clothing, phonograph
records, audio cassette tapes, compact discs, videotapes, video games, computer
software, digital video discs or like items shall be deemed exempt from the
requirements of this article.
(Code 1967,
§ 16A-2; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord. No.
89.21, 4-27-89; Ord. No. 96.27, 8-29-96; Ord. No. 2002.04, 1-17-02)
Sec.
16A-3. Reports of transactions required;
exceptions.
(a) Every person engaged in the business of
auction house, scrap dealer, pawnbroker or secondhand dealer shall make out and
deliver to the chief of police a true, complete and legible report of all goods
and articles received on deposit, in pawn, pledge, trade or exchange, or by
purchase. The report shall be made upon sheets furnished by the police
department, and shall be delivered within twenty-four (24) hours after receipt
of the property concerned. Each sheet shall contain for each item received:
(1) A complete description of the property,
including brand name and serial number, if any.
If more than one of any item, the number of the like-type items
received;
(2) The date and time when the property was
received;
(3) The signature of the person from whom the
property was received;
(4) The name (printed), address and date of
birth of such person. The reporting party shall require each person to show
proof of his name, address and age by exhibiting a valid driver's license,
State of Arizona identification card, armed forces identification card or
selective service registration certificate, and the number of such
identification certificate shall be recorded;
(5) The dealers name and the name of person
receiving the property; and
(6) A description of such person, consisting of
height, sex, weight, race, complexion, hair color and identifying marks, scars
or tattoos.
(b) Notwithstanding
the provisions of paragraph (a), the report described therein need not be filed
if a transaction in used goods constitutes a partial trade for new or used
merchandise of like kind. This exemption
applies only if the dealer maintains accurate records including a complete
description of the property (brand name, serial number and any other
identifying data) of the new or used merchandise sold and similar identifying
information insofar as the used good constituting the partial trade for such
new or used merchandise of like kind.
These records shall be open for inspection to members of the
(c) Notwithstanding
the provisions of paragraph (a), the report described therein need not be filed
with respect to transactions solely between merchants licensed under this
article or between merchants who would be required by this article to secure
licenses if their establishment were located in the city.
(d) Notwithstanding the provisions of paragraph
(a), the report described therein need not be filed for certain antique dealers
if the following conditions are met:
(1) More than five (5) secondhand dealers rent
or share common or contiguous space at the same business location; and
(2) For goods and articles received on deposit,
in pawn, pledge, trade or exchange, or by purchase excepting jewelry, precious
and semiprecious metals (including articles composed of or plated with precious
or semiprecious metals), precious and semiprecious stones and all on-site
pawns, pledges, trades, exchanges or purchases for which the normal reporting
requirements must be met.
(e) Notwithstanding
the provisions of paragraph (a), the report described therein need not be filed
for antique dealers if the following condition is met: For goods and articles
received on deposit, in pawn, pledge, trade or exchange, or by purchase
excepting jewelry, precious and semiprecious metals (including articles
composed of or plated with precious or semiprecious metals) and precious and
semiprecious stones for which the normal reporting requirements must be met.
(Code
1967, § 16A-5; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 89.64, 12-14-89; Ord. No. 90.22, § 2, 5-24-90; Ord. No. 96.47, 11-14-96)
State law references—Reports by precious metals dealers,
A.R.S. § 44-1602; reports by pawnbrokers, A.R.S. § 44-1622; records of scrap
metal dealers, A.R.S. § 44-1642; inventory to be submitted of items at jewelry
auctions, A.R.S. § 44-1674.
Sec.
16A-4. Holding period prior to resale or
exchange.
(a) No
article shall be sold or exchanged by any auction house, scrap dealer,
pawnbroker or secondhand dealer until it shall have been in the custody thereof
for ten (10) days after making out and delivering to the chief of police the
report required under § 16A-3. In the case of property consigned to an auction
house, such property shall not be sold or exchanged until it shall have been in
the custody thereof for five (5) days after delivery to the chief of police the
report required under § 16A-3. This subsection shall not apply to redemption of
pawned articles.
(b) The
holding period described in paragraph (a) shall not apply to nonfabricated
precious and semiprecious metals. An item shall be deemed nonfabricated for the
purpose of this chapter only if at the time of the transaction it is in ingot,
bullion or coin form.
(c) The
holding period described in paragraph (a) shall not apply to certain antique
dealers if the following conditions are met:
(1) More than five (5) antique dealers rent or
share common or contiguous space at the same business location; and
(2) For goods and articles received on deposit,
in pawn, pledge, trade or exchange, or by purchase excepting jewelry, precious
and semiprecious metals (including articles composed of or plated with precious
or semiprecious metals), precious and semiprecious stones and all on-site
pawns, pledges, trades, exchanges or purchases for which the normal ten-day
holding period shall be applicable.
(d) The
holding period described in paragraph (a) shall not apply to antique dealers if
the following condition is met: For goods and articles received on deposit, in
pawn, pledge, trade or exchange, or by purchase excepting jewelry, precious and
semiprecious metals (including articles composed of or plated with precious or
semiprecious metals) and precious and semiprecious stones which the normal
ten-day holding period shall be applicable.
(Code
1967, § 16A-7; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 89.64, 12-14-89; Ord. No. 90.22, § 2, 5-24-90)
State law references—Holding period for precious items, A.R.S.
§ 44-1602(D); holding period for pawned items, A.R.S. § 44-1625.
Sec.
16A-5. Transactions with minors.
(a) No
merchant, regardless of whether he is required to be licensed under the
provisions of this article, shall buy, pledge, pawn or otherwise accept
merchandise from any person under the age of eighteen (18) years, unless such
minor first produces a notarized letter, signed by the minor's parent or
guardian, granting permission to the minor to transfer an interest in the
property.
(b) It
shall not be a defense to an alleged violation of subsection (a) that the
merchant reasonably believed the minor to be eighteen (18) years or older
unless the minor produced an Arizona driver's license, or other identification
as specified in § 16A-3 and that identification purported to identify the minor
as someone eighteen (18) years of age or older.
(Code
1967, § 6A-8; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
State law reference—Pawnbrokers not to receive junk, metal or
mechanical tools from child under sixteen (16), A.R.S. § 44-1627.
Sec.
16A-6. Property connected with crime.
Upon notification by representatives of
the police department that goods and articles received are either the fruits of
a crime, or weapons or other items used to perpetrate a crime, no auction
house, scrap dealer, pawnbroker or secondhand dealer shall dispose of such
property. Interest, if charged, upon the pawn, pledge or item for resale, shall
cease to accrue as of the date of such notification. Upon receiving a receipt
from a representative of the police department, the auction house, scrap
dealer, pawnbroker or secondhand dealer shall turn over to the representatives
of the police department such items.
(Code
1967, § 16A-9; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Sec.
16A-7. Display of regulations.
Every person engaged in the business of
auction house, scrap dealer, pawnbroker or secondhand dealer shall prominently
display a copy of this article and required license in a conspicuous, place on
the premises of the business.
(Code
1967, § 16A-10; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Sec.
16A-8. Inspection of goods and records.
The business premises including stock
of goods and articles and all ledgers, books, records or memoranda required to
be kept by this article or state statute of any auction house, scrap dealer,
pawnbroker or secondhand dealer shall be open for immediate inspection during
regular business hours to representatives of the police department.
(Code
1967, § 6A-11; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Sec.
16A-9. Fingerprinting.
Every
owner or manager of an auction house, scrap dealer, pawnbroker or secondhand
dealer prior to conducting such business or the issuance of a license shall
submit a full set of fingerprints to the Tempe police department for the
purpose of obtaining a state or federal, or both, criminal records check
pursuant to A.R.S. § 41-1750 and Public Law (PL) 92-544. The Department of Public Safety is authorized
to exchange this fingerprint data with the Federal Bureau of
Investigation. Fingerprints must be
submitted on fingerprint cards provided by the financial services manager or
designee.
(Code
1967, § 6A-13; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 2002.04, 1-17-02; Ord. No. 2002.25, 8-1-02)
Sec.
16A-10. Employing convicted violators of
article.
No person engaged in the business of
auction house, scrap dealer, pawnbroker or secondhand dealer shall knowingly
permit a person whose license has been revoked under § 16A-28 to be employed in
any capacity at such establishment. The chief of police shall keep a list of
all persons convicted under this article and such names shall be available to
operators above. Such operators will be assumed to have constructive notice
thereof for purposes of prosecution under this article.
(Code
1967, § 16A-12; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Sec.
16A-11. Employing persons with criminal
record.
No person who has been convicted of any
offense, felony or misdemeanor involving moral turpitude within the five-year
period immediately prior to his application for either a license under this
article or employment in an establishment required by this article to be
licensed shall be issued a license to transact business pursuant to this
article or employed by any person licensed to transact business pursuant to
this article.
(Code
1967, § 6A-14; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Secs.
16A-12—16A-25. Reserved.
DIVISION 2. LICENSE
Sec.
16A-26. Required; duration; fee.
(a) It
shall be unlawful for any person to act within the city as an auction house,
scrap dealer, pawnbroker or secondhand dealer without first obtaining a license
to do so from the financial services manager or his authorized representative.
(b) The
license shall be issued for a calendar year or portion thereof, and a new
application shall be required for each subsequent calendar year.
(c) The
license fee shall be established by city council (see Appendix A).
(Code
1967, § 16A-2(a), (e), (f); Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5,
4-28-88; Ord. No. 2001.17, 7-26-01)
Sec.
16A-27. Application procedure; appeals
from denial.
(a) Any
person desiring a license to act as an auction house, scrap dealer, pawnbroker
or secondhand dealer shall file an application on forms provided for that
purpose. Application shall include such information as the police chief deems
necessary for the complete investigation of the character and qualifications of
the applicant.
(b) No
license shall be issued by the financial services manager or his authorized
representative without the approval in writing of the police chief. The police chief shall approve the issuance
of the license if the applicant has not been convicted of a felony or a
misdemeanor involving moral turpitude.
The recommendation of the police chief must be made within thirty (30)
days after the application is filed.
(c) Any
applicant whose license is denied may, within ten (10) days after being sent by
registered or certified mail notice of such denial, give written notice to the
financial services manager or his authorized representative of intention to
appeal to the city council. Appeals will
be heard by the city council at the next regularly scheduled meeting but no
sooner than five (5) working days from date of filing notice.
(Code
1967, § 16A-3(a), (c), (d); Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5,
4-28-88; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.04, 1-17-02)
Sec.
16A-28. Suspension; appeals.
(a) Notwithstanding any other provisions of
this article, the license of any auction house, scrap dealer, pawnbroker or
secondhand dealer shall be suspended for six (6) months upon a showing that an
operator or employee of such establishment has been convicted of violating any
of the provisions of this code or a city ordinance or any of the statutes of
the state regarding the conduct of the business of such an establishment more
than one time during a three-year period. Violations of this article or state
law by any person or his agents or employees regarding the operations of
businesses defined in this article shall be grounds to deny issuance or
renewals of the license required in this article.
(b) Conviction
under any provision of this article shall be deemed conclusive evidence of such
violation.
(c) Any
licensee whose license is suspended may, within ten (10) days after being sent
by registered or certified mail notice of such suspension, give written notice
to the financial services manager or his authorized representative of his
intention to appeal the suspension to the city council. Appeals will be heard by the city council at
the next regularly scheduled meeting but no sooner than five (5) working days
from the date of filing notice.
(Code
1967, § 16A-4; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 2001.17, 7-26-01)
Sec.
16A-29. Providing false information.
It shall be unlawful for any individual
to provide false information on reports required by any section of this article
or to provide false information on any license application.
(Code
1967, § 6A-6; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Secs.
16A-30—16A-39. Reserved.
ARTICLE
II. RESIDENTIAL DEVELOPMENT TAX[2]
Sec.
16A-40. Definitions.
The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Dwelling
unit means a room or
group of rooms within a building, containing cooking accommodations. An
apartment and a mobile home shall be considered a dwelling unit, but a hotel
room, a motel room or a travel trailer shall not be considered a dwelling unit
under the provisions of this article.
Mobile
home space means any lot
or space contained in a mobile home park, as defined by the Zoning and
Development Code.
(Code
1967, § 33-49; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 2004.42, 1-20-05)
Sec.
16A-41. Levy; exception.
(a) There is hereby levied and shall be
collected by the development services manager, for the purpose of defraying the
cost of acquiring sites and providing public improvements required by the city
as a result of residential development, an occupational fee or tax upon every
person constructing any dwelling unit or units establishing mobile home spaces
within the city. Fee shall be
established by city council (see Appendix A).
(b) A
development tax is not required for a caretaker's residence where allowed
pursuant to the Zoning and Development Code.
(Code
1967, § 33-50; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 88.82, 1-26-89; Ord. No. 97.20, 4-10-97; Ord. No. 97.04, 7-10-97; Ord. No.
2001.17, 7-26-01; Ord. No. 2004.42, 1-20-05)
Sec.
16A-42. Collection.
The fee or tax imposed by this article
shall be collected by the development services manager who shall be charged
with the administration of this article.
The fee for each dwelling unit shall be collected by the development
services manager prior to the issuance of a building permit for the
construction of any dwelling unit, and the fee with respect to any mobile home
space shall be collected prior to the issuance of a construction permit for the
development of a mobile home park. The
development services manager shall not issue a building permit or construction
permit until the fees required by this article have been paid.
(Code
1967, § 33-51; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01)
Sec.
16A-43. Capital improvement fund.
All funds collected by the development
services manager pursuant to this article shall be deposited in a nonlapsing
fund called "Capital Improvement Fund No. " and such fund
is hereby created. All funds deposited in the capital improvement fund shall be
used exclusively for purchases of sites and capital improvements.
(Code
1967, § 33-52; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01)
Sec.
16A-44. Dedication of sites in lieu of
tax.
If
a person proposes a subdivision which includes a plan and a program for a
complete community or neighborhood, including the dedication of adequate public
sites and improvements, the city council may, upon recommendation by the development
review commission, accept the dedication of such sites and improvements in lieu
of the tax levied by this article; provided, that the value of such space and
improvements, as determined by the city council, apportioned over the number of
dwelling units proposed to be erected and mobile home spaces to be developed is
substantially equal to the amount of tax levied by § 16A-41; and, if the
dedications referred to above do not substantially equal in value the amount of
taxes levied and measured as set forth in § 16A-41, as determined by the city
council, the city council may accept such dedications in partial payment of
such taxes and collect the remainder thereof in cash.
(Code
1967, § 33-53; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 2006.01, 1-5-06)
Sec.
16A-45. Penalties.
Any
person who shall construct a dwelling unit or develop a mobile home park
without payment of the prescribed fee or who shall violate any of the
provisions of this article shall be guilty of a misdemeanor.
(Code
1967, § 33-54; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Secs.
16A-46—16A-55. Reserved.
ARTICLE III. ESCORTS, ESCORT BUREAUS AND INTRODUCTORY
SERVICE3
Sec.
16A-56. Definitions.
For the purpose of this article, the
following terms shall have the meanings respectively ascribed to them in this
section unless the context clearly requires otherwise:
(1) City manager means the city manager or
his designee.
(2) Consideration
means payment, reward or anything regarded as a return given or suffered by one
for the act or promise of another.
(3) Escort means any person who for
consideration in any form or for a fee, commission or salary, acts as or 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.
(4) 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.
(5) Escort
bureau runner means any person, not an escort, who for consideration, on
behalf of or as the agent for either an escort, escort bureau or a patron,
contacts, transports or meets with escort patrons, escorts 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.
(6) Introductory
service means any person who, for consideration, offers to assist any
person in meeting any other person for social or personal purposes not
connected with or forming part of another lawful business or professional
activity.
(7) Licensee
means a person who is the holder of a valid license under this article. 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.
(8) Licensing
officer means the city financial services manager or his designee.
(9) Offer
to provide acts of sexual conduct means to offer, propose or solicit to
provide to or engage in sexual conduct with a patron, including but not limited
to all conversations, advertisements and acts which would lead a reasonably
prudent person to conclude that such acts were to be provided or engaged in.
(10) Open office means an office or premises
of the licensed escort bureau at an address from which escort business is
transacted and which meets the requirements of this article.
(11) Person
means any individual, or any firm, partnership, corporation or association of
any kind.
(12) Person
financially interested means a corporation, any person who is an officer or
a director or any shareholder holding more than five percent (5%) of the shares
thereof; and for a noncorporate business any person who shares in financial
gain attributable to the business as a proprietor or owner or on the basis of a
percentage in excess of five percent (5%) of gross or ten percent (10%) of net
revenue.
(13) Sexual
conduct means
a. 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; or
b. any service, including but not limited to
modeling, posing, performance, dance or other activity, conducted for any
consideration by a person who is nude during all or part of the time that such
person is providing the service.
"Nude" means without opaque non-flesh colored fabric fully
covering the human anus, pubic region, genitals or areola of a female breast.
(14) Sexual
gratification means sexual conduct as defined herein.
(15) Sexually
oriented acts means sexual conduct as defined herein.
(16) Sexually
oriented escort means an escort who:
a. Works for, as an agent, employee or
independent contractor, or is referred to a patron by a sexually oriented
escort bureau;
b. 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 which so advertises;
c. Solicits, offers, agrees to provide or
does provide acts of sexual conduct to an escort patron;
d. Accepts an offer or solicitation to
provide acts of sexual conduct for a fee in addition to the fee charged by the
escort bureau.
(17) Sexually
oriented escort bureau means an escort bureau which:
a. Engages in advertising to make the
prospective patron believe that acts of sexual conduct or sexual stimulation
will be provided;
b. Uses
as escorts persons known to have violated the law regarding prostitution;
c. Does not maintain an open office;
d. Advertises that sexual conduct will be
provided or that escorts which provide each sexual conduct will be provided,
referred, or introduced to a patron;