sr-101210-7aCity Council Meeting: October 12, 2010
Agenda Item: ~-" ~'
To: Mayor and City Council
From: Carol Swindell, Finance Director
Subject: Introduction and First Reading of Ordinance Amending Santa Monica
Municipal Code Relating to Matchmaking, Dating, or Personal Introductory
Services
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance to permit the operation of matchmaking, dating or personal introductory
services from locations within the City.
Executive Summary
The Municipal Code currently prohibits the operation of escort services, personal
introduction services, marriage bureaus, lonely hearts clubs, or other businesses of a
like nature in the City of Santa Monica. This prohibition, which dates to a 1954
ordinance, is not consistent with current widespread acceptance of matchmaking
services, most notably Internet based services as a means of social introductions.
Discussion
Currently, the City prohibits the operation of escort services, .personal introduction
services, marriage bureaus, lonely hearts clubs, or other businesses of a like nature.
Since its adoption in 1954, the-role of dating services in society has evolved, especially
with the use of onlirie dating and matchmaking services. The proposed ordinance would
allow personal introduction service, marriage bureau and lonely hearts club while
continuing to prohibit escort services. The proposed ordinance would also require a
police permit and a criminal background check to ensure the legitimacy of the business.
1
Financial Impacts & Budget Actions
The amount of business tax revenue from any new businesses which may locate in the
City cannot be estimated at this time.
Prepared by: Pamela McGarvey, Revenue Collections Administrator
Approved:
G2~
Carol Swindell
Finance Director
Forwarded to Council:
c ~~
Ro Gould
City Manager
Attachment: Ordinance
2
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:
1
No person shall operate, in the City of Santa Monica, an
escort service; --P~sonF;~astier~ servise+age
"~ ~ '^^°'~~ "°°~*° ^' ", or ether similar business e#--a-a+ke
,,.,+.. „ +"^ r,+., ^f c^^+^ nn^,,,^., 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.
2
(c) The residence and business address(es) and
telephone number(s) of the applicant for the last three (3)
e~ ars•
(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 matchmakin service ma o erate 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:
`~ ~n v
I ' ~' .- elf ~ ~'/ / ~'_
MAR A JONES It/IOUT E
City A orney
4