HomeMy WebLinkAbout88-35 - Adding Chapter 5.90 of the Newport Beach Municipal Code Pertaining to Escort ServicesORDINANCE NO. 88 -35
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ADDING CHAPTER
5.90 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO ESCORT SERVICES.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: Chapter 5.90 of the Newport Beach Municipal Code
is hereby added to read as follows:
Chapter 5.90
Escort Service
Sections:
5.90.005 Findings and Purpose.
5.90.010 Definitions.
5.90.015 Escort Service Permit Required.
5.90.020 Application for Escort Service Permit.
5.90.025 Escort Service Permit, Issuance and Denial.
5.90.030 Employee Permit Required.
5.90.035 Application for Employee Permit.
5.90.040 Employee Permit Issuance and Denial.
5.90.045 Change of Business.
5.90.050 Fees.
5.90.055 Existing Escort Services.
5.90.060 Transfer and Duration of Permits.
5.90.065 Employment of Persons Under the Age of Eighteen (18)
Prohibited.
5.90.070 Age of Customer.
5.90.075 Inspection.
5.90.080 Daily Register.
5.90.085 Prohibited Activities.
5.90.090 Suspension, Revocation, Denial and Appeal.
5.90.095 Application Barred for One (1) Year.
5.90.100 Violation and Penalty.
5.90.105 Severability.
Section 5.90.005. Findings and Purpose.
The City Council finds and declares as follows:
A. The permit requirements and restrictions imposed by this
Ordinance are necessary to protect the health, safety and welfare
of the citizens of Newport Beach; and
B. There has been an increase in the incidence of acts of
prostitution, pimping and pandering and robbery by use of
debilitating narcotics in Escort Services and the establishment
of standards for issuance of permits and restriction on operation
— J'o>>ld serve to reduce the risk of illegal activity; and
— -NOW C. The restrictions and requirements contained in this
• Chapter reduce the burden on the police department and permit the
deployment of the police personnel such that more serious crimes
may be prevented and more important laws be enforced; and
D. The regulations and restrictions contained in this
Ordinance tend to discourage Escort Services from degenerating
into houses of prostitution and the means utilized in this
Ordinance bear a reasonable and rational relationship to the goals
sought to be achieved.
Section 5.90.010. Definitions.
For the purpose of this Chapter, the following words and
phrases shall mean and include:
A. Chief of Police: Chief of Police of the City of Newport
Beach or his or her designee.
B. City Manager: City Manager of the City of Newport Beach
or his or her designee.
C. Employee: Any and all persons who work in or about or
render any services whatsoever to the patrons or customers of an
Escort Service.
-- D. Escort: Any person who, for a fee, commission, hire,
award or profit, accompanies other persons to or about social
affairs, entertainments or places of amusement or consorts with
others about any place of public resort or within any private
quarters. Excluded from this definition are any persons employed
by any business, agency or person excluded from the definitions of
"Escort Service" below.
E. Escort Service: Any business, agency or person who,
for a fee, commission, hire, reward or profit, furnishes or offers
to furnish names of persons, or who introduces, furnishes or
arranges for persons, who may accompany other persons to or about
social affairs, entertainments or places of amusements, or who may
consort with others about any place of public resort or within any
10wilWrivate quarters. Excluded from this definition are any
businesses, agencies or persons which provide Escort Services for
• older persons as defined in California Welfare and Institutions
Code Section 9406, when such services are provided as part of a
social welfare and health program for such older persons.
`a
F. Operator: Any person operating an Escort Service,
including but not limited to the owner or proprietor of the
premises upon which it is located, and the lessee, sublessee, or
mortgagee in possession.
G. Person: An individual, firm, partnership, joint venture,
Am% association, social club, fraternal, organization, joint stock
mMpw— company, corporation, estate, trust, business trust, receiver,
trustee, syndicate, or any other group or combination acting as a
unit, excepting the United States of America, the State of
California, and any political subdivision thereof.
Section 5.90.015. Escort Service Permit Required. No person
shall operate an Escort Service within the City of Newport Beach
without first having obtained an Escort Service Permit pursuant to
Sections 5.90.020 and 5.90.025 of this Chapter and securing the
necessary business license as required by this Code.
Section 5.90.020. Application for Escort Service Permit.
A. Any person desiring an Escort Service Permit shall file a
__written application on the required form with the City Manager who
--all refer all such applications to the Chief of Police for an
T investigation. The applicant shall accompany the application with
the appropriate filing fee as established by Resolution of the
City Council.
B. For purposes of this Section, applicant shall mean the
owner of the proposed Escort Service, if a sole proprietorship;
one general partner, if a partnership; one officer or director, if
a corporation; and one participant, if a joint venture.
C. The application shall contain or be accompanied by the
following information:
1. The type of ownership of the business, i.e., whether
by individual, partnership, corporation or otherwise.
AMAM 2. The precise name under which the Escort Service is to
'"PF 'MW be conducted.
• 3. The complete address and all telephone numbers of the
Escort Service.
C
4. A complete list of the names and resident addresses
of all proposed employees in the Escort Service and the names and
resident address of the manager or managing employee proposed to
be principally in charge of the operation of the Escort Service.
5. The following personal information concerning the
applicant:
a. Name and complete residence address.
b. Two previous addresses immediately prior to the
present address.
C. Written proof of age.
d. Height, weight, color of hair, eyes and sex.
e. Two (2) front faced portrait photographs at
least two inches (211) by two inches (211) in size taken by the
City Manager.
f. The Escort Service or similar business history
and experience of the applicant, including but not limited to,
whether or not such person in previously operating an Escort
Service or similar business in this city or other city under
icense or permit, has had such license or permit denied, revoked,
1"441"v
or suspended and the reasons therefor.
g. All criminal convictions, except minor traffic
violations, including date and place of each such conviction and
reasons therefor.
h. A complete set of fingerprints taken by the
Police Department.
6. Authorization for the City, its agents and employees
to seek verification of the information contained in the
application.
7. Such other information and identification as deemed
necessary by the Chief of Police.
i8. A statement in writing signed and dated by the
_applicant that he or she certifies under penalty of perjury that
isall of the information contained in the application is true and
correct.
4
Section 5.90.025. Escort Service Permit Issuance and Denial.
A. Upon receipt of a written application for a permit, the
Chief of Police shall conduct an investigation in such a manner as
he or she deems appropriate in order to ascertain whether such
permit should be issued as requested. The Chief of Police shall
recommend approval, conditional approval, or denial of the
_ application to the City Manager within forty -five (45) days of
filing of the application. Said forty -five (45) day period may be
continued for an additional thirty (30) days if necessitated by
occurrence of events beyond the control of the Chief of Police.
The City Manager may issue such permit as requested unless the
City Manager makes any of the following findings:
1. Any person that will be directly engaged or employed
in the Escort Service has been convicted of a violation of Health
& Safety Code Section 11550 or a violation of Penal Code Sections
2661, 315, 316, 318 or 647(b), or has been convicted in any other
state of any offense which, if committed or attempted in this
IMMANIkk state, would have been punishable as one or more of the above -
-= I�ioned offenses, or that any such person is required to
T register under the provisions of Penal Code Section 290.
2. Any person that will be directly engaged or employed
in the Escort Service has been convicted of any offense involving
the sale of a controlled substance specified in Health & Safety
Code Sections 11054, 11055, 11056, 11057 or 11058 or the
possession for sale and /or possession of a controlled substance
specified in the Health & Safety Code Sections 11054, 11055,
11056, 11057 or 11058 either in an Escort Service or while
employed by an Escort Service or has been convicted in any other
state of any offense which, would have been punishable as one or
more of the above - mentioned offenses.
AMAM 3. Any person that will be directly engaged or employed
'qW'"01OF in the Escort Service, has committed an act which, if done by a
• permittee under the Chapter, would be grounds for suspension or
revocation of the permit.
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4. Any person that will be directly engaged or employed
in the Escort Service has had a permit or license to operate an
Escort Service business revoked by the granting authority.
5. Any person that will be directly engaged or employed
64 in the Escort Service has been convicted of any act involving
dishonesty, fraud, or deceit with the intent to substantially
benefit himself, herself or another or substantially injure
another or an act of violence, which act or acts are substantially
related to the qualifications, functions or duties of the Escort
Service.
6. The operations of the Escort Service would, if
allowed, constitute a public nuisance.
7. The applicant has knowingly made a false, misleading
or fraudulent statement of fact to the City in the permit
application process.
8. The application does not contain the information
required by Section 5.90.020.
9. The applicant has not satisfied the requirements of
?�? s Chapter.
10. The premises where the Escort Service business will
be conducted does not comply with all applicable laws, including
but not limited to, the building, planning, housing and fire codes
of the City of Newport Beach.
B. All Escort Service permit holders shall comply with the
following conditions and any other conditions specified by the
City Manager on issuance of the Escort Service permit:
1. No person granted a permit as herein provided shall
operate under any name or conduct business under any designation
not specified in his or her permit.
2. The Escort Service permit holder shall only employ
AM906ersons who have obtained and then possess a valid Employee
MEVRRWPermit issued pursuant to this Chapter. Every Escort Service
• Permit holder shall report to the City Manager and the Chief of
Police any change of employees, whether by new or renewed
employment, discharge or termination, the report to contain the
name of the employee and the date of the change. The report shall
be made within five (5) days of the change. The Escort Service
permittee shall take all reasonable steps to ensure the return to
the City Manager of the Employee Permit of all employees no longer
employed at the Escort Service.
3. The Escort Service permit holder shall conspicuously
,.qlw � display the Escort Service Permit in an easily accessible public
place within the Escort Service.
4. The Escort Service shall not refuse service on the
basis of a customer's sex, race, color, religion, ancestry,
national origin or other arbitrary factor proscribed by the Unruh
Civil Rights Act, Civil Code Section 51, et seq.
5. The Escort Service shall have a manager on the
premises at all times during when the Escort Service is open.
The operator of each Escort Service shall file a statement with
the Chief of Police and City Manager designating the person or
persons with power to act as a manager at the operator's Escort
__Service. Whenever the Escort Service is open and the operator is
T ---t, the designated manager(s) shall be responsible for
ensuring compliance with Sections 5.90.025B(1), (3) and (6) of
this Chapter. The manager of each Escort Service shall take
necessary steps to ensure that copies of the Employee Permit for
each on -duty employee shall be conspicuously displayed in an
easily accessible public place within the Escort Service.
6. The Escort Service shall comply with all provisions
of this Chapter and the applicable provisions of the Newport Beach
Municipal Code.
Section 5.90.030. Employee Permit Required.
No person shall work in or about an Escort Service in the City
of Newport Beach or perform any services in the City of Newport
each for a customer of an Escort Service wherever located without
140"MWfirst securing an Employee Permit issued pursuant to Section
• 5.90.035 and 5.90.040 of this Chapter.
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Section 5.90.035. Application for Employee Permit.
A. Any person desiring an Employee Permit shall file a
written application on the required form with the Director of
Finance who shall refer all such applications to the Chief of
Police for investigation. The applicant shall accompany the
pplication with the appropriate filing fee set by Resolution of
the City Council.
B. The application shall contain or be accompanied by the
following information:
1. A statement of the exact location of which the
applicant will be working as an employee of an Escort Service,
including the full street address and all telephone numbers
associated with said location, and the name and address of the
Escort Service.
2. The following personal information concerning the
applicant:
(a) Name, complete residence address and telephone
number;
0 (b) Previous addresses immediately prior to the
present address of the applicant;
(c) Written proof of age;
(d) Height, weight, color of hair, eyes and sex;
(e) Two (2) front -faced portrait photos at least two
inches (211) by two inches (211) in size taken by the City Manager;
and
(f) The Escort Service or similar business history
experience of the applicant, including but not limited to,
whether or not such person, in previously performing Escort
Services or being employed by an Escort Service or similar
business in this city or other city under license or permit, has
ad such license or permit denied, revoked or suspended and the
reasons therefor.
• 3. All criminal convictions, except minor traffic
violations, including date and place of each such conviction and
reasons therefor.
D
4. A complete set of fingerprints taken by the Police
Department.
5. Authorization for the City, its agents and employees
to see verification the information contained in the application.
6. A statement in writing signed and dated by the
applicant that he or she certifies that under penalty of perjury
_ � that all information contained in the application is true and
correct.
7. Such other information and identification as deemed
necessary by the Chief of Police.
Section 5.90.040.
Employee
Permit Issuance
and
Denial.
A. Upon receipt
of a
written application
for
a permit, the
Chief of Police shall conduct an investigation in such manner as
he or she deems appropriate in order to ascertain whether such
permit should be issued as requested. The Chief of Police shall
make a recommend approval, conditional approval or denial of the
application within forty -five (45) days of filing of an
application to the City Manager. Said forty -five (45) day period
ASWIft
=y be continued for an additional thirty (30) days if
necessitated by the occurrence of events beyond the control of
the Chief of Police. The City Manager shall issue such permit as
requested unless the City Manager makes any of the following
findings:
1. The applicant has been convicted of a violation of
Health & Safety Code Section 11550 or a violation of Penal Code
Section 2661, 315, 316, 318 or 647 (b) , or has been convicted in
any other state of any offense which, if committed or attempted in
this state, would have been punished as one or more of the above -
mentioned offenses or that the applicant is required to register
under the provisions of Penal Code Section 290.
2. The applicant has been convicted of any offense
involving the sale of a controlled substance specified in Health
• and Safety Code Sections 11054, 11055, 11056, 11057, or 11058, or
the possession for sale and /or possession of a controlled
substance specified in the Health & Safety Code Sections 11054;
E
11055, 11056, 11057, or 11058 either in an Escort Service or while
employed by an Escort Service has been convicted in any other
state of any offense which, if committed or attempted in this
state, would have been punishable as one or more of the above-
mentioned offenses.
3. The applicant has committed an act, which, if done by
a permittee under this Chapter, would be grounds for suspension or
revocation.
4. The applicant has had a permit license to operate an
Escort Service or to work in or about an Escort Service revoked by
the granting authority.
5. The applicant has been convicted of an act involving
dishonesty, fraud, or deceit with the intent to substantially
benefit himself, herself or another or substantially injure
another or an act of violence, which act or acts are substantially
related to the qualifications, functions, or duties of an employee
of the Escort Service.
,w 6. The applicant has knowingly made a false, misleading,
r fraudulent statement of fact to the City in the permit
application process.
7. The application does not contain the information
required by Section 5.90.035.
8. The applicant has not satisfied the requirements of
this Chapter.
B. All employees of the Escort Service shall comply with the
following conditions and any other conditions specified by the
City Manager on issuance of the Employee Permit.
1. No person granted a permit as herein provided shall
operate under any name or conduct business under any designation
not specified in his or her permit.
2. The employee of the Escort Service shall carry a
photo identification card prepared and issued by the City Manager
• on the person when working pursuant to permit. If an employee
changes his or her business address, he or she shall, within seven
(7) days after such change occurs, obtain from the City Manager a
new photo identification card and advise the Police Department, in
writing, of the new business address.
3. Every employee shall conspicuously display the
Employee Permit in an easily accessible public place within the
Escort Service.
Section 5.90.045. Change of Business.
_ Every Escort Service permit holder shall report immediately to
the Chief of Police any and all changes of ownership or management
of the Escort Service including, but not limited to changes of
manager or other persons principally in charge, stock holders
holding more than ten percent (10 %) of the stock of the
corporation, officers, directors, and partners, any and all
changes of name, style or designation under which the business is
to be conducted, and all changes of address or telephone numbers
of the Escort Service business. A change of location of any
premises may be approved by the Chief of Police and the Director
of Finance provided that there is compliance with all applicable
regulations of the City of Newport Beach.
AMAM
MNMW Section 5.90.050. Fees.
The City Council shall establish by Resolution, and from time
to time, amend fees for the administration of this Chapter. Fees
required by this Chapter shall be in addition to any required
under any other Chapter of this Code.
Section 5.90.055. Existing Escort Services.
A. Commencing on the date of adoption of this Chapter,
permits are to be issued in accordance with the provisions of this
Chapter. Existing Escort Services may continue in effect until
one hundred and eighty (180) days after adoption of this Chapter.
Within one hundred and eighty (180) days, existing Escort Services
shall apply for an Escort Service Permit pursuant to Sections
90.015 and 5.90.020 of this Chapter.
B. Persons currently employed by an Escort Service may
• remain in such employment until one hundred and eighty (180) days
from the date of adoption of this Chapter. Within one hundred and
11
eighty (180) days, each such person shall apply for an Employee
Permit pursuant to Sections 5.90.030 and 5.90.035 of this Chapter.
C. Reasonable extensions of the time period specified above
shall be granted by the City Manager upon a proper showing and
upon a timely request therefor.
Section 5.90.060. Transfer and Duration of Permits.
A. No permit issued hereunder shall be transferrable to any
other person or establishment; provided, however, an additional
location or change of location of an Escort Service will be
allowed upon thirty (30) days prior written notice to the Chief of
Police and City Manager and the payment of the appropriate
transfer fee.
B. All Escort Service permits and employee permits shall be
issued for a period of twelve (12) months and shall expire twelve
(12) months from its issuance.
C. Applications for the next insuring permit shall be filed
with the City Manager before the expiration of the existing
permit. Such renewal applications must be filed no later than
nirty (30) days prior to the expiration of the Permit to permit a
lapse of the permit.
D. Each applicant for renewal shall file such information as
may be required by the Chief of Police to update the information
required for his or her original permit application. The
applicant shall accompany the application for renewal with the
appropriate filing fee.
Section 5.90.065. Employment of Persons Under the Age of
Eighteen (18) Prohibited.
It shall be unlawful for any owner, proprietor, manager or
other person in charge of any Escort Service to employ any person
who is not at least eighteen (18) years of age.
Section 5.90.070. Age of Customer.
It shall be unlawful for any owner, proprietor, manager or
. other person in charge of an Escort Service to allow any person
under the age of eighteen (18) years to patronize an Escort
Service as a customer or patron.
12
Section 5.90.075. Inspection.
The Police Department may, from time to time during business
hours, inspect each Escort Service that operates within the City
of Newport Beach for the purposes of determining that there is
compliance with the provisions of this Chapter.
Section 5.90.080. Daily Register.
,qW Every person who engages in, conducts, or carries on the
operation of an Escort Service shall keep a daily register,
approved as to form by the Police Department, containing the
following information:
(a) The identification of all employees employed by such
establishment together with a duplicate of each of the Employee
Permit of each employee;
(b) The hours of employment of each employee for each day; and
(c) The names of all patrons, including true full names,
residential addresses, including street, city and state, hours of
employment of Escort Service, name of escort or employee providing
Escort Services, location and place where Escort Services took
.lace and fee charged.
Said daily register shall at all times during business hours be
subject to inspection by the Police Department only for the
limited purpose of determining that said daily registers are being
maintained in compliance with the provisions of this Section and
shall be kept on file for two (2) years on the premises. Any
evidence so obtained shall not be admissible for any purpose other
than proof of compliance or noncompliance with this Section. The
Police Department is authorized to inspection said daily registers
for other purposes or to obtain information therefrom only if they
have first obtained a warrant.
Section 5.90.085. Prohibited Activities.
No person who is a patron of an Escort Service shall place or
cause to be placed in the daily register a false name or address.
•
0*1
Section 5.90.090. Suspension, Revocation, Denial and Appeal.
The City Manager may refuse to renew a permit or may revoke or
suspend an existing permit on the grounds that the applicant or
permit holder has failed to comply with the permit conditions or
Am%other requirements of this Chapter. No suspended permit may be
renewed. If a suspended permit lapses during the suspension
'qW period, a new application must be made at the end of the
suspension period. In any such case, the applicant or permit
holder shall have the right to appeal to the City Council in the
time and manner set forth in this section.
When the City Manager concludes that grounds for suspension,
revocation or refusal to renew a permit exist, the City Manager
shall serve the applicant or permit holder, either personally or
by certified mail addressed to the business address of applicant
or permit holder, with a Notice of Intent to Suspend, Revoke or
Refuse to Renew Permit. This Notice shall state the reasons for
the proposed revocation, the effective date of the revocation if
__no appeal is filed by applicant or permit holder, and the right of
„P applicant or permit holder to appeal to the City Council and
the decision of the City Manager to suspend, revoke or refuse to
renew the permit. The right to appeal to the City Council shall
terminate upon the expiration of fifteen (15) days following the
personal service or deposit of the Notice of Intent to Suspend,
Revoke, or Refuse to Renew Permit in the United States Mail,
whichever shall occur first.
The City Council of the City of Newport Beach may preside over
the hearing on appeal or, in the alternative, appoint a hearing
officer to conduct the hearing, receive relevant evidence and to
submit to the City Council findings and recommendations to be
considered by the City Council of the City of Newport Beach. The
AMA&ity Council of the City of Newport Beach shall render its
decision within forty -five (45) days from the date of the hearing
• or, in the event that a hearing officer has been appointed, within
forty -five (45) days from the date on which the City Council
14
receives the findings and recommendations of the hearing officer.
The decision of the City Council shall be final.
Section 5.90.095. Applications Barred for One (1) Year.
A. Whenever any application is filed for a permit under this
Am&Chapter and said application has been denied by the City Manager,
or a permit issued under this Chapter has been revoked, and no
MW � appeal has been taken to the City Council or when any appeal from
such denial or revocation has been taken to the City Council and
said City Council has concurred in the judgment or order of denial
or revocation, said application for said permit, or for a like
permit for the same location or by the same applicant shall not be
heard by the City Manager until the expiration of one (1) year
from the date of the previous denial or revocation of said permit
or application.
B. There shall be no appeal to said City Council for failure
or refusal to hear any such application or appeal within said one
(1) year.
—_ C. For the purposes of this Section, "same applicant" shall
=n a corporation having substantially the same shareholders as a
prior corporate applicant, or a partnership having substantially
the same membership as a prior partnership applicant. "Same
applicant" shall also mean any officer, director, shareholder or
partner of a prior corporate or partnership applicant.
D. When any permit is denied solely by reason of Sections
5.90.025 A8, 5.90.025 A10 or 5.90.040 A7 preventing the granting
of said permit, and the requirements of said Sections are
subsequently satisfied, the one (1) year prohibition against
reapplication will not apply.
Section 5.90.100. Violation and Penalty.
A. Every person, whether acting an individual, owner,
AsinLmployee of the owner, operator or employee of the operator, or
'WF"NWwhether acting as a mere helper for the owner, employee or
• operator or whether acting and a participant or worker in any way
who operates an Escort Service within the City without first
obtaining a permit and paying for a license to do so from the City
15
or violating any provision of this Chapter, shall be guilty of a
misdemeanor.
B. Any owner, operator, manager or permittee in charge or in
control of the Escort Service who knowingly employs a person who
is not in possession of a valid employee permit as an employee of
the Escort Service is guilty of a misdemeanor.
C. Any Escort Service operated, conducted, or maintained
contrary to the provisions of this Chapter shall be, and the same
is hereby declared to be unlawful and a public nuisance and the
City may, in addition to or in lieu of prosecuting a criminal
action hereunder, commence an action, or proceeding for the
abatement, removal and enjoinment thereof in the manner provided
by law. The City may take such other steps and apply to such
courts as may have jurisdiction to grant such relief as well as
abate or remove such Escort Service and restrain and enjoin any
person from operating, conducting or maintaining an Escort Service
contrary to the provisions of this Chapter.
Section 5.90.105. Severability.
If any section, subsection, subdivision, paragraph, sentence,
_clause or phrase of this Chapter, or application thereof to any
person or circumstances, is for any reason held to be
unconstitutional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this
Chapter or any part thereof. The City Council hereby declares
that it would have passed such section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared
unconstitutional or invalid or ineffective.
_ Section 2: The Mayor shall sign and the City Clerk shall
'48"Op'attest to the passage of this Ordinance. The City Clerk shall
• cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption.
Section 3: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 12th day of September , 1988, and adopted on the 26th day of
September , 1988, by the following vote, to -wit:
AYES, COUNCILMEMBERS Turner, Plummer,
Hart, Cox, Strauss, Sansone, Maurer
NOW NOES, COUNCILMEMBERS
ATTE
CITY CLERK
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