The following words, as used in this chapter, shall have the meaning ascribed to them in this section:

"Consideration" is money or money's worth.

"Crimes involving moral turpitude" means and includes charges of prostitution, patronizing a prostitute, promoting prostitution, indecent exposure, lewd and lascivious behavior, sodomy, promoting sodomy for hire, patronizing a person offering sodomy for hire, sexual battery, loitering for the purposes of solicitation, indecent liberties with a child, incest, adultery, bigamy, promoting obscenity, promoting obscenity to minors, displaying materials harmful to minors, and possession, sale or distribution of any illegal drug.

"Employee" means any and all persons including independent contractors who work in, at, or render any services to, the patrons of an escort service, or who render any services directly related to the operation of an escort service.

"Escort" means any person who is held out to the public as available for hire and who, for monetary consideration in the form of a fee, commission or salary, consorts with or accompanies, or who offers for monetary consideration, to consort with or accompany another or others to or about social affairs, places of entertainment or amusement within any place of public resort or within any private quarters.

"Escort service" means any person, as defined herein, which for a fee, commission, profit, reward, payment or other monetary consideration furnishes, refers or offers to furnish or refer escorts, provides or offers to introduce patrons to escorts, or arranges for escorts to accompany patrons to or about social affairs, places of entertainment or amusement, about any place of public resort or within any private quarters.

"Escort service runner" means any person, not an escort, who for a salary, fee, hire, reward or profits, as the agent for either an escort service or a patron, contacts or meets with escort patrons or escort services at any location other than the established open office, as defined hereunder, whether that person is employed by the escort service or any business, or is self-employed.

"Licensee" means a person who is the holder of a valid license under this chapter. 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.

"Offer to provide acts of sexual conduct" means to offer, propose or solicit to provide sexual conduct to a patron. Such definitions include all conversations, advertisements and acts which would lead a reasonably prudent person to conclude that such acts were to be provided.

"Open office" means an office that the licensed escort service address from which escort business is transacted. To qualify as an open office it is required that:

1. Business hours be established and posted, 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, 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 management employee of the owner having authority to bind the service to escort and patron contracts, and adjust patron and consumer complaints;

3. All telephone lines and numbers listed to the escort service or advertised as escort service numbers terminate at the open office and at no other location;

4. An index of all employees and escorts be kept in the open office, along with copies of the licenses of those employed to work as escorts or escort service runners, and said index shall be open to inspection at the request of any law enforcement officer who is on official duty;

5. All business records be kept in the open office, including records of escort calls and referrals, stating the name and driver's license number (or other form of picture identification) of the patron, as well as the state of issuance of the driver's license (or other picture identification). Such records shall also include the date and time of referral, name of the escort who accompanied the patron, whether the referral resulted in a contract, and the total fee received from the patron, if any. The business records described in this section shall be subject to inspection at the request of any law enforcement officer who is making said request for inspection pursuant to said officer's lawful duties as a law enforcement officer. The refusal of a licensee to allow such an inspection shall not be a criminal violation of this chapter nor shall it be considered grounds for suspending, revoking or otherwise taking punitive measures or action against the licensee or the escort service's license. However, in the event of such a refusal, such an inspection may be conducted upon the issuance of a valid search warrant, issued under the authority of K.S.A. 22-2501, and amendments thereto;

6. All of the business records required to be kept and maintained by an escort service licensed under this chapter shall be retained by the escort service for a minimum period of one year, and shall be subject to verification on a quarterly basis by the chief of police or the chief's duly authorized representative upon request. This quarterly examination of the records shall be permitted solely for the purpose of verifying that such records are being kept, and shall not be for the purpose of gathering information. Refusal by the licensee to allow examination of such records for the sole purpose of verifying that the licensee is in compliance with the record keeping requirements of this chapter shall not be deemed to be a criminal violation, however, if the refusal is unreasonable it may result in revocation or suspension of the escort service's license.

"Operator" means any person operating, maintaining or conducting the business of an escort service.

"Patron" means a customer or any person who contracts with an escort service for the purpose of hiring an escort, or for monetary consideration contracts with, or hires an escort.

"Person" means any individual, firm, corporation, company, partnership, limited partnership, joint venture or association of any kind.

"Service-oriented escort" means an escort who:

1. Operates from an open office; and

2. Does not employ or use an escort service runner; and

3. Does not advertise that sexual conduct will be provided, or work for an escort service which so advertises; and

4. Does not offer, solicit, agree to provide or provide sexual conduct.

"Service-oriented escort service" means an escort service which:

1. Maintains an open office at an established place of business; and

2. Does not use an escort service runner; and

3. Does not advertise, order, solicit, agree to provide or provide sexual conduct to a patron; and

4. Employs or provides only escorts who are licensed pursuant to this chapter.

"Sexual conduct" means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, anal copulation, or the touching of the sexual organs, pubic region, buttocks or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.

"Sexual gratification" means sexual conduct as defined in this section.

"Sexual stimulation" means to excite or arouse the prurient interest of another, or to offer or solicit acts of sexual conduct as defined in this section.

"Sexually oriented acts" means sexual conduct as defined in this section.

"Sexually oriented escort" means an escort who:

1. Employs as an employee, agent or independent contractor, an escort service runner; or

2. Works for, as an agent, employee or independent contractor, or is referred to a patron by, a sexually oriented escort service; or

3. Advertises that sexual conduct will be provided, or as an agent, employee or independent contractor, works for or is referred to a patron by an escort service which so advertises; or

4. Solicits, offers, agrees to provide or does provide acts of sexual conduct to an escort patron; or

5. Accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort service.

"Sexually oriented escort service" means an escort service which:

1. Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided; or

2. Uses as escorts persons known to have violated the laws regarding felonies or crimes of moral turpitude as defined herein; or

3. Does not maintain an open office; or

4. Employs as an employee, agent or independent contractor, or uses an escort service runner; or

5. Advertises that sexual conduct will be provided or that escorts which provide such sexual conduct will be provided, referred to introduced to a patron; or

6. Solicits, offers or agrees to provide or does provide acts of sexual conduct to a patron; or

7. Employs, contracts with, provides or refers escorts who do not possess escort licenses as required pursuant to this chapter; or

8. Does not deliver contracts to every patron or customer; or

9. Employs, contracts with, refers, or provides to a patron a sexually oriented escort. (Ord. G-819 § 2 (part), 1996)