HomeMy WebLinkAbout2007-063
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2007-063
Being a by-law to license, regulate and govern adult entertainment businesses
in the Municipality of Clarington
and to repeal By-laws 99-123 and 99-130
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes
municipalities to pass by-laws to licence, regulate and govern adult entertainment
establishments;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington
deems it advisable to enact a by-law to regulate and govern adult entertainment
establishments within the Municipality;
NOW THEREFORE the Council of the Corporation of the Municipality of
C/arington enacts as follows:
1.0 TITLE
This by-law may be referred as the Adult Entertainment By-law.
2.0 DEFINITIONS
In this by-law, unless a contrary intention is indicated:
"Adult Entertainment Parlour" means any premises or part thereof in which
is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations;
"Attendant", in reference to an Adult Entertainment Parlour, means any
person other than an Owner or Operator who provides Services designed
to appeal to erotic or sexual appetites or inclinations at an Adult
Entertainment Parlour;
"Applicant" includes a person seeking a licence, or renewal of a licence or
a person whose licence is being considered for revocation or suspension;
"Chief of Police" means the Chief of Police of the Regional Municipality of
Durham or the Deputy Chief acting in place of the Chief;
"Clerk" means Municipal Clerk of the Corporation of the Municipality of
Clarington or the Deputy Clerk acting in place of the Clerk;
"Committee" means the General Purpose and Administration Committee
of the Council of The Corporation of the Municipality of Clarington;
"Council" means the Council of The Corporation of the Municipality of
Clarington;
"Fire Chief' means the Fire Chief of the Municipality of Clarington Fire
Department or his designate acting in place of the Chief;
"Health Unit" means the Durham Regional Health Unit;
"His" shall be read with such changes of number or gender as the context
requires;
"Main Stage" means, in relation to an Adult Entertainment Parlour, the
principle setting, scene or area upon which performances, services or an
event or a series of events are presented, exclusive of patron seating
areas.
"Medical Officer of Health" means the Medical Officer of Health of the
Health Unit or his representative;
"Municipality" shall mean The Corporation of the Municipality of
Clarington;
"Owner", in reference to an Adult Entertainment Parlour, means a person
who, alone or with others, has the right to possess or occupy an Adult
Entertainment Parlour or actually does possess or occupy an Adult
Entertainment Parlour and includes a lessee of an Adult Entertainment
Parlour or of premises upon which an Adult Entertainment Parlour is
located. The terms "own", "ownership", and words of like import or intent
shall have corresponding meanings;
"Operator", in reference to an Adult Entertainment Parlour, means a
person who, alone or with others, operates, manages, supervises, runs or
controls an Adult Entertainment Parlour and shall be an individual and not
a partnership or a corporation. The terms "operate", "operation" and words
of like import or intent have corresponding meanings;
"Person" includes an individual, a sole proprietorship, a partnership, an
unincorporated association, a trust, a body corporate, a natural person,
and "Persons" has a corresponding meaning;
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"Provide" when used in relation to services includes to furnish, perform, or
give such services and "providing" and "provision" have corresponding
meanings;
"Public Sound Amplifying Equipment" means a public address system,
loud speaker, sound equipment or any similar device intended to be used
on a highway or public lands or intended to be broadcast onto a highway
or public lands from lands adjacent thereto, but shall not include radio
equipment installed in a vehicle and intended only for the use of the
occupants of such vehicle or warning devices on emergency vehicles or
horns or any device used for traffic safety purposes;
"Services", in reference to an Adult Entertainment Parlour, includes
activities, facilities, performances, exhibitions, viewing and encounters, but
does not include the exhibition of film approved under the Theatres Act:
"Services designed to appeal to erotic or sexual appetites or inclinations",
in reference to an Adult Entertainment Parlour, includes services of which
a principal feature or characteristic is the nudity or partial nudity of any
person; and services in respect of which anyone or more of the words
"nude", "naked", "topless", "bottomless", "sexy", "table dancing", "lap
dancing", or any other word or any picture, symbol or representation
having like meaning or implication is used in any advertisement;
"Sexual Contact" includes the kissing, fondling, or sucking of breasts or
genitalia, digital penetration, fellatio, cunnilingus, masturbation, ejaculation
or intercourse.
3.0 EXPLANATION OF REASON FOR LICENSING AND IMPOSITION OF
CONDITIONS
3.1 The Municipality's reasons for licensing and imposing conditions under
this By-law respecting Adult Entertainment Parlours and the owners,
operators of and attendants in Adult Entertainment Parlours is to protect
the health of members of the public who patronize Adult Entertainment
Parlours from disease that may be communicated to them by Adult
Entertainment Parlour Attendants, to protect the Attendants from disease
that may be communicated to them by Patrons of Adult Entertainment
Parlours, and to protect the safety of members of the public who may
Patronize Adult Entertainment Parlours and Adult Entertainment Parlour
Attendants.
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4.0 LICENCE REQUIRED
4.1 No person shall, either directly or indirectly, carry on as an Adult
Entertainment Owner, Operator or Attendant without first having obtained
a licence therefore as required in this By-law. Failure by such a person to
comply with this section constitutes an offence.
4.2 A person who receives a licence as an Adult Entertainment Owner,
Operator or Attendant shall comply with the regulations set out in this
by-law. Failure to comply with the regulations constitutes an offence.
4.3 An agent, trustee or representative of persons carrying on as an Adult
Entertainment Owner, Operator or Attendant shall also be personally liable
for the compliance of his principal, beneficiary or persons he represents in
connection with this by-law. Failure by such a person to comply with this
section constitutes an offence.
4.4 There shall be a separate application for a licence for each classification
or category of business operated and once issued the licence cannot be
transferred.
5.0 PROCEDURE
5.1 Any person required to obtain a licence pursuant to this by-law shall apply
in writing on the appropriate application form as provided by the Clerk for
each business classification or category as well as any required
approvals, inspections or documentation required by the provisions of this
by-law or as deemed necessary by the Clerk.
5.2 The Clerk may require affidavits in support of an application.
5.3 The Clerk shall not issue a licence or renewal of a licence until:
a) All required approvals and inspections have been obtained by the
applicant:
b) Required documentation has been provided; and
c) Business licence fees have been paid in full.
5.4 The Clerk, upon receipt of the application for a licence may make, cause
to be made, or request, any additional documents, investigations or
inspections to be made in respect of such application for a licence as the
Clerk deems appropriate or in the interest of the general public, and any
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costs incurred for such inspections or documents shall be at the
applicant's expense.
5.5 If the investigation discloses that:
a) the applicant's premises or place of trade are the object of an order
to comply made under the Property Standards By-law, or an order
made under current building codes or discloses non-compliance
with the Zoning By-law or any parking requirements of the
Corporation;
b) the applicant's premises or place of business requires corrective
action to comply with an order of the Medical Officer of Health to
ensure the safety public;
c) the applicant's premises or place of business requires corrective
action to comply with an order of the Fire Chief to ensure the fire
safety;
d) the applicant is incompetent in a manner that affects the safety,
health or welfare of the public;
e) the applicant has been found to have discriminated against a
member of the public contrary to The Human Rights Code;
f) the applicant is financially obligated to the Municipality in some
manner other than for current taxes;
g) the applicant is in breach of this or some other Municipal by-law or
law of Ontario or Canada:
h) the applicant has been convicted or an offence pursuant to a similar
by-law in another municipality: or
j) the applicant has a prior Criminal record for which he has not
received a Pardon,
the Clerk shall deny the application.
5.6 Notwithstanding section 5.50), if more than seven years have elapsed
since the final disposition date of the Criminal Record, and it is, in the
opinion of the Clerk, of a minor nature, the Clerk may approve the
application.
5.7 An applicant who has been denied a Licence by the Clerk pursuant to
Section 5.5 may request that his application be heard by the Committee to
request that Council, in its discretion, issue the Licence in question. Upon
request, the Clerk shall refer the matter to the Committee.
5.8 The Committee shall hold a hearing in the presence of the applicant, and
the rules in Section 17 apply with necessary modifications.
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5.9 In considering an application under Section 5.6, Council may impose any
conditions it sees fit as a requirement of obtaining, continuing to hold or
renewing a licence, including any condition which would otherwise
contravene any other provisions of the By-law.
5.10 Except as otherwise herein provided, licences shall be issued for a period
of one year and shall come into effect on January 1 of each calendar year
and expire on December 31 of the year issued and the licence fee as set
forth in Schedule "B" shall not be reduced in the event that the first period
for which the licence is issued is less than one calendar year.
6.0 RENEWALS
6.1 Applications for renewal of a licence issued pursuant to this by-law shall
be submitted in the same form and manner as a new application and the
application process shall be as set out in Section 5 of this by-law.
6.2 Notwithstanding Section 6.1, where a licence has been issued as a result
of a decision of Council, if all the relevant facts and conditions have
remained the same, the Clerk may issue the licence.
7.0 LICENCE FEE
7.1 The fee for obtaining a licence or renewal of a licence shall be as set out
in Schedule "B" of this by-law. In the event that a licence is revoked or
suspended, no licence fee is refundable.
8.0 DUPLICATE LICENCE
8.1 A duplicate licence may be issued by the Clerk to replace any licence
previously issued which has been lost, stolen or destroyed, upon written
application by the licensee and upon payment of a fee of $25.00.
9.0 POSTING LICENCES
9.1 Every person licensed pursuant to this by-law shall post the said licence in
a conspicuous place at their place of business and every person so
licensed shall, when requested by any person authorized by Council,
produce the licence for inspection. Failure by a licensee to comply with
this section shall constitute an offence.
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10.0 DESIGNATED AREAS
10.1 Subject to sections 10.2 and 10.3, an Adult Entertainment Parlour shall
not be located and no Person shall own or operate or cause or permit to
be operated an Adult Entertainment Parlour within the geographic limits of
the Municipality of Clarington unless the Premises are located on land
within either Area A or Area B shown on the maps contained in Schedule
"A" attached to and forming part of this By-law.
10.2 Subject to section 10.3, there shall be no more than one Adult
Entertainment Parlour located within Area A and no more than one Adult
Entertainment Parlour Owner's Licence issued for Premises located within
Area A, and no more than one Adult Entertainment Parlour located in Area
B and no more than one Adult Entertainment Parlour Owner's Licence
issued for Premises located within Area B, both Areas as shown on the
maps contained in Schedule "A" hereto.
10.3 An Adult Entertainment Parlour shall not be located and an Adult
Entertainment Parlour Owner's Licence shall not be issued respecting an
Adult Entertainment Parlour which is located within 100 metres of any
school under the jurisdiction of either the Kawartha Pine Ridge District
School Board or the Peterborough Victoria Northumberland and
Clarington Roman Catholic Separate School Board.
11.0 PARTNERSHIPS AND CORPORATIONS AND UNICORPORATED
ASSOCIATIONS
11.1 A partnership, corporation, association or combination thereof shall be
considered as a single applicant for an Adult Entertainment Parlour
Owner's Licence at one place of business.
11.2 On any application by a partnership, the licence shall be issued in the
name under which business is carried on by the applicant.
11.3 An application by a partnership shall include a statutory declaration in
writing, signed by all the members of the partnership which shall include
the mailing address of the partnership, the full names and addresses of
the ordinary residences of all partners and a declaration that the persons
therein listed are the only members of the partnership.
11.4 Any application by a corporation shall state the full name or names under
which it carries on or intends to carry on ownership of the business and
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shall contain copies of the articles of incorporation or other incorporating
documents.
11.5 An Application by a corporation shall include a statutory declaration in
writing signed by an officer of the corporation which shall state the full
names and addresses of the officers and directors of the corporation.
11.6 A change in composition of the members of a partnership or in the officers
and/or directors of a corporation shall be reported to the Clerk within
fifteen days. Failure to comply with this section constitutes an offence.
12.0 CHANGE OF ADDRESS
12.1 Every change of mailing address or telephone number of any person
licensed under this bylaw shall be reported to the Clerk within fifteen days.
Failure by a licensee to comply with this section constitutes an offence.
13.0 INSPECTIONS DURING REASONABLE TIMES
13.1 The Clerk, the Chief of Police, the Medical Officer of Health, the Fire
Chief, a Municipal Law Enforcement Officer or any person acting under
the authority of these persons or any person authorized by Council may at
reasonable times during business hours inspect:
a) Any premises or place where a trade which is subject to this by-law
is carried on or any such person has reasonable or probable
grounds to believe such a trade is being carried on; and
b) Any goods, equipment, books, records or documents used or to be
used by the applicant or licensee under this by-law.
13.2 It constitutes an offence for any person to obstruct or permit the
obstruction of an inspection or of any person assisting in an inspection as
set out in Section 13.1 of this By-law.
14.0 NO TRANSFER
14.1 It constitutes an offence for any person to transfer or assign a licence
issued under this by-law.
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15.0 NO VESTED RIGHT
15.1 No person shall enjoy a vested right in the continuance of a licence and
upon issuance, renewal, cancellation or suspension, a licence shall
remain the property of the Municipality.
16.0 LICENSEES TO USE NAME ON LICENCE
16.1 It shall constitute an offence for a person licensed to carry on a trade
under this by-law to advertise or carry on such trade under any other
name than the one endorsed on their licence.
17.0 REVOCATION AND SUSPENSION
17.1 Council may revoke, suspend, impose any conditions upon, or refuse to
issue or renew any licence to any person under this by-law.
17.2 The Clerk is authorized to suspend any licence issued to any person
under this by-law pending a review by Committee.
17.3 Committee may, in exercising the discretion mentioned in Section 17.1,
consider any matter raised under paragraph 5.5 or any other matter that
relates to the general welfare, health or safety of the public.
17.4 Hearing by Committee:
17.4.1 A Notice of Hearing shall be mailed to the applicant at least five (5)
days prior to the date of the Hearing advising the applicant of the
date, place and time fixed for such hearing. Such Notice shall be sent
to the last known address of the applicant and to any other person
who has applied to be heard with regard to this matter.
17.4.2 At such hearing Committee shall receive a written report from the
Clerk and from such other officers or employees of the Municipality or
other such persons who may be involved in the matter being
considered by Committee.
17.4.3 Committee shall not make a decision under Section 17.1 without first
affording the person or applicant the opportunity to be heard before
the Committee.
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17.4.4 After such opportunity to be heard is afforded the person or applicant,
Committee may make any decision in respect of which the hearing
was held or the opportunity for hearing afforded without holding a
further hearing or affording further opportunity for a hearing in such
matter.
17.4.5 Where the Committee conducts a hearing in respect of any matter in
this subsection, the rules set out in The Statutory Powers Procedure
Act shall apply to the Committee and those sections do not apply to
Council in the exercise of its power of decision in respect to such
matter.
17.5 Report by Committee:
17.5.1 At the conclusion of the hearing conducted by the Committee
mentioned in Section 17.4, the Committee shall, as soon as
practicable, make a written recommendation, if any, to Council with
reasons on the merits of the application in respect of which the
hearing has been conducted.
17.5.2 After considering the report of the Committee, Council may thereupon
in respect of such application do any act or make any decision that it
might have done, passed or made had it conducted the hearing itself.
17.5.3 Notice of the decision of Council may be given by serving a copy of
the decision personally on the applicant or by mailing a copy thereof
by prepaid registered mail to the person or applicant at his last known
address and, upon such mailing, any revoked, suspended or refused
licence shall be deemed to be revoked, suspended or refused, as the
case may be.
17.5.4 Unless otherwise specified, Council's decision shall come into effect
immediately upon personal service or five days after being sent by
registered mail.
18.0. SCHEDULES SHALL APPLY
18.1 Every person applying for or holding a licence under this by-law shall be
subject to all relevant regulations contained in the schedules hereinafter
set out and such schedules form part of this by-law.
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18.2 Notwithstanding Section 17 of this By-law, the making of a false or
intentionally misleading recital of fact, statement or representation in any
licence application, may result in the immediate revocation of a licence or
refusal to issue or renew a licence, by the Clerk.
19.0 APPLICATION FOR ADULT ENTERTAINMENT PARLOUR
LICENCES - OWNER, OPERATOR, ATTENDANT
19.1 Every person applying for an Adult Entertainment Parlour Owner,
Operator or Attendant licence or for the renewal thereof, shall attend in
person and not by agent, at the Municipal Clerk's Department and shall
complete the prescribed forms and shall furnish two pieces of personal
identification one of which must be as set out in section 19.4 of this By-
law, and such other information as the Clerk may direct. In the case of an
Adult Entertainment Parlour owned by a partnership, the attendance
required by this paragraph shall be by one of the partners and in the case
of a corporate owner, the attendance shall be by an officer or director of
the corporation.
19.2 Every person applying for an Adult Entertainment Parlour Operator or
Attendant licence or for the renewal thereof, shall attend at a place
designated by the Clerk, for the purpose of having his/her photograph
taken. A copy of the photograph shall be filed with the Municipality.
19.3 Every person applying for an Adult Entertainment Parlour Owner,
Operator or Attendant licence or for the renewal thereof, shall provide to
the Municipality proof of his/her age. No licence shall be issued unless
the Clerk is satisfied that every Owner, Operator or Attendant is of the full
age of eighteen (18) years.
19.4 The following types of personal identification and proof of age are
prescribed for the purposes of this By-law:
a) A valid driver's licence issued by the Province of Ontario or other
Provincial or State government which contains a photograph of the
person to whom the licence is issued;
b) An Ontario Health Card with photograph or a Health Card issued by
another Province provided it contains a photograph of the person to
whom the card is issued, together with an original Birth Certificate;
c) A currently valid Canadian or other national passport;
d) A Canadian citizenship card which contains a photograph of the
person to whom the card is issued; or
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e) A Canadian Armed Forces identification card.
20.0 APPLICATION FOR ADULT ENTERTAINMENT
PARLOUR LICENCES - OWNER. OPERATOR
20.1 Where an Owner intends to be, or is also the Operator of an Adult
Entertainment Parlour, he or she shall require both an Owner and
Operator licence.
20.2 Every applicant for an Owner's licence shall, at the time of making
application or at time of renewal, file with the Municipality a precise
description of the real property upon which the Adult Entertainment
Parlour is to be located, together with information as to exactly what parts
of the premise are to be utilized for this purpose. The application shall
also include working drawings of the physical premises of the proposed
Adult Entertainment Parlour with details of any stage doors, walls, seating
areas and partitions and shall clearly identify the area to be designated as
the Main Stage.
20.3 Each Adult Entertainment Parlour shall have no more than one designated
Main Stage.
20.4 The Owner's licence shall only apply to that part of the building as
depicted on the working drawings, which shall be annexed to and shall
form part of the licence.
20.5 No person shall create, cause or permit, any alteration or deviation from
the approved working drawings of a licenced Adult Entertainment Parlour
without first having received the Municipality's approval for the said
alteration or deviation. Failure to comply with this paragraph constitutes
an offence. In addition to any other penalty imposed by the court, failure to
obtain the Municipality's approval prior to such alteration or deviation shall
result in automatic suspension of the Owner's licence.
20.6 Every Owner must report a change in composition of the officers and
directors referred to in section 11 of this By-Law, within fifteen days of the
change. Failure to comply with this paragraph constitutes an offence. In
addition to any other penalty imposed by the court, failure to report
pursuant to this section shall result in automatic suspension of the
Owner's licence.
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20.7 Notwithstanding section 12 of this By-law, every Attendant must report a
change of mailing address or telephone number to the Municipality within
two business days of the change. Failure to comply with this paragraph
constitutes an offence. In addition to any other penalty imposed by the
court, failure to report pursuant to this section shall result in an automatic
suspension of the Attendant's licence.
20.8 Every Owner, Operator and Attendant shall post their Adult Entertainment
Parlour licence in a conspicuous place in the interior of the Adult
Entertainment Parlour, plainly visible and legible to any person upon
entering the said premises. Failure to comply with this paragraph
constitutes an offence.
21.0 LISTS OF SERVICES AND FEES
21.1 Every applicant for an Owner's licence shall, at the time of making
application or at time of renewal, and prior to any Services being offered,
file with the Municipality a copy of a list of all Services provided for a fee at
the Adult Entertainment Parlour. This list shall include all of the respective
fees charged for services, if any, including admission fees and any other
payment charged in respect of entry to the Adult Entertainment Parlour. If
any charge is based on a computation of time, the hourly rate shall be
shown on the lists. Failure to comply with this paragraph constitutes an
offence.
21.2 It shall constitute an offence for an Owner, Operator or Attendant to
cause, permit, allow, or provide Services at or in respect of an Adult
Entertainment Parlour other than those Services described on the list filed
with the Municipality in accordance with section 21.1 of this By-law, or
amendments filed thereto.
21.3 It shall constitute an offence for an Owner, Operator or Attendant, with
respect to any Services provided at an Adult Entertainment Parlour, to
charge, demand, ask for, require or accept, or permit or allow to be
charged, demanded, asked for, required or accepted, any amount of
money other than that set out in a list filed with the Municipality in
accordance with section 21.1 of this By-law, or amendments thereto.
21.4 Every Owner or Operator shall post a copy of the list of services and fees
referred to in this section, in a conspicuous place in the interior of the
Adult Entertainment Parlour, plainly visible and legible to any person upon
entering the said premises.
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22.0 KEEPING OF BOOKS AND RECORDS
22.1 Every Operator shall keep proper daily records and books of account of all
business transacted in, by or in respect of the Adult Entertainment Parlour
operated by him/her, which books shall:
a) give the amount of gross receipts for all Services provided,
including all receipts for admission fees and other charges and
receipts in respect of entry to or Services provided in the Adult
Entertainment Parlour;
b) show the name and licence number of every Attendant providing
Services, including the date of commencement and the date of
termination of contract or employment, as well as every date any
Attendant provides Services in the Adult Entertainment Parlour;
c) indicate the amount of salary or commission paid to each
Attendant; and
c) list all amounts paid by the Owner to the Operator, if any, or by the
Operator to the Owner, in respect of the Adult Entertainment
Parlour.
22.2 Failure by the Operator to comply with section 22.1 of this Schedule
constitutes an offence.
22.3 Every Attendant shall give to the patron an itemized bill for Services,
listing the Service to be provided and the price to be paid for each, before
any Services are provided to the patron. Failure to comply with this
paragraph constitutes an offence.
22.4 The Attendant shall provide a copy of each of the bills prepared under
section 22.3 of this By-law to the Operator prior to leaving the premises.
Failure to comply with this paragraph constitutes an offence.
24.5 It shall constitute an offence for an Operator to cause, permit or allow an
Attendant to provide Services contrary to section 22.3 of this by-law.
22.6 Every Owner shall retain and keep a copy of each bill, receipt, record or
book referred to in section 22.1 of this By-law for at least one year after
the Services referred to therein were performed or after the record was
made. Failure to comply with this paragraph constitutes an offence.
22.7 The Municipality or any person authorized to enforce this By-law shall at
all times be given access to such records, upon request. Failure to
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comply with this paragraph constitutes an offence.
22.8 Every Operator shall deliver to the patron a receipt for the fee, charge or
payment paid for admission to the Adult Entertainment Parlour, if any.
Failure to comply with this paragraph constitutes an offence.
22.9 It shall constitute an offence for an Owner to cause, permit or allow any
Operator or Attendant to perform Services or to conduct business contrary
to the provisions of this By-law.
23.0 IMPOSITION OF CONDITIONS ON LICENCE
23.1 The Clerk may, at any time, review an Adult Entertainment Parlour licence
and may, rather than suspend the licence, attach to the licence conditions
consented to by the licensee. Where conditions to a licence are attached
under this section, failure to comply with the conditions shall result in
automatic suspension of the licence.
23.2 Where the conditions referred to in section 23.1 are not agreed to by the
Iicencee, the Clerk shall cause the matter to be referred to Committee and
the rules of Section 17 shall apply with appropriate modifications.
24.0 GENERAL REGULATIONS - OWNERS, OPERATORS, ATTENDANTS
24.1 It shall constitute an offence for an Owner of an Adult Entertainment
Parlour to cause, permit or allow any person other than a licensed
Operator to operate such Adult Entertainment Parlour.
24.2 An Operator licensed in respect of an Adult Entertainment Parlour shall be
in attendance in the licensed premises at all times that the Adult
Entertainment Parlour is open to the public. It shall constitute an offence
for an Owner or Operator to do any of the following:
a) permit the Adult Entertainment Parlour to remain open for business
without an Owner or Operator present,
b) permit any Attendant to enter or remain on the premises without an
Owner or Operator present, or
c) permit any Attendant to provide any Service at the Adult
Entertainment Parlour without an Owner or Operator present.
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24.3 It shall constitute an offence for an Attendant to provide Services or to
enter or remain in the licensed Adult Entertainment Parlour during the
hours that the Adult Entertainment Parlour is open to the public, unless a
licensed Operator is also in attendance at the premises.
24.4 It shall constitute an offence for an Owner or Operator of an Adult
Entertainment Parlour to cause, permit or allow any person other than a
licensed Attendant to perform Services in the Adult Entertainment Parlour.
24.5 It shall constitute an offence for an Owner or Operator of an Adult
Entertainment Parlour to cause, permit or allow an Attendant who is under
the age of eighteen (18) years to perform the Services of an Attendant in
his/herlits Adult Entertainment Parlour.
24.6 It shall constitute an offence for an Owner or Operator to cause, permit or
allow the door to any room or cubicle in an Adult Entertainment Parlour, to
be equipped or constructed with a locking device of any kind, except for a
toilet cubicle.
24.7 Subject to section 24.8 of this By-law, it shall constitute an offence for an
Owner, Operator or Attendant to use or permit to be used any camera or
other photographic or recording device in, upon or at an Adult
Entertainment Parlour by any person, other than a person empowered to
enforce this By-law or any other legislation or regulation governing the
premises.
24.8 Section 24.7 of this By-law does not prohibit an Owner or Operator from
placing permanently mounted security cameras in, upon or at an Adult
Entertainment Parlour. Every Adult Entertainment Parlour which has
permanently mounted security cameras in place, shall post signs in clearly
visible places inside the premises indicating that such cameras are in use.
If installed, the Owner and Operator are required to keep security tapes,
unaltered from their original recorded form and in good viewing order, for a
period of not less than three months from the date of recording and shall
make them available for inspection upon request by a person authorized
to enforce the provisions of this By-law. It shall constitute an offence for
an Owner or Operator to cause, permit or allow security cameras to be
used contrary to this paragraph.
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24.9 All Services provided by an Attendant shall be clearly visible from the Main
Stage of the Adult Entertainment Parlour, without obscuration or
obstruction by any thing, including, but not limited to: walls, curtains, glass,
enclosures, structures, fog, or inadequate lighting. It shall constitute an
offence for an Owner, Operator or Attendant of an Adult Entertainment
Parlour to cause, permit, allow, or provide Services contrary to this
paragraph.
24.10 It shall constitute an offence for an Owner or Operator to permit or allow any
person under the age of eighteen (18) to enter or remain in the Adult
Entertainment Parlour.
24.11 It shall constitute an offence for an Owner or Operator to permit or allow
drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur
on the premises or in the adjacent washrooms, liquor and food preparation
areas and storage areas under the control of the Owner or Operator.
24.12 It shall constitute an offence for an Owner, Operator or Attendant to cause,
permit, allow or provide any Services in the Adult Entertainment Parlour at
any time between the hours of 2:00 o'clock in the morning of any day and
11 :00 o'clock in the morning of the same day.
24.13 Every Owner or Operator shall ensure that all patrons of the Adult
Entertainment Parlour shall vacate the Parlour by 2:45 in the morning.
24.14 During the hours of business of an Adult Entertainment Parlour, or at any
time at which an Attendant is in attendance at an Adult Entertainment
Parlour, the Owner or Operator shall ensure that the door or doors or other
principal means of access into the Adult Entertainment Parlour by the public
are kept unlocked so that anyone may enter or exit the Adult Entertainment
Parlour without hindrance or delay. Failure to comply with this paragraph
constitutes an offence.
25.0 CONDUCT OF SERVICES PROVIDED - "NO TOUCHING"
25.1 It shall constitute an offence for an Owner or Operator of an Adult
Entertainment Parlour, to cause, permit or allow any Attendant while
he/she is performing Services as an Attendant, to have Sexual Contact
with another person, or to touch or be touched by or to have physical
contact with any other person in any manner whatsoever involving any
- 17 -
part of that person's body, whether or not the touching is skin to skin.
25.2 It shall constitute an offence for an Attendant performing or providing
Services in an Adult Entertainment Parlour, during the course of that
entertainment, to have Sexual Contact with another person, or to allow
any other person to touch any part of his or her body or to touch any part
of any other person's body, whether or not the touching is skin to skin.
25.3 It shall constitute an offence for a patron attending the facilities of an Adult
Entertainment Parlour, during the course of that entertainment, to touch any
part of an Attendant's body, whether or not the touching is skin to skin.
25.4 Every Owner or Operator of an Adult Entertainment Parlour shall post a
copy of the "no touching" regulations as set out in section 25.3 of this By-
law in a clearly conspicuous place in the interior of the Adult Entertainment
Parlour, plainly visible and legible to any patron upon entering the said
premises. Failure to comply with this section constitutes an offence.
26.0 ADVERTISEMENT
26.1 It shall constitute an offence for an Owner or Operator to use or permit the
use of a public address system, sound equipment, loud speaker or similar
devices outside of an Adult Entertainment Parlour for the purpose of
promoting the Adult Entertainment Parlour.
26.2 It shall constitute an offence for an Owner or Operator to cause or permit
any person, while outside the premises of the Adult Entertainment Parlour,
to shout, speak to, distribute handbills to or solicit persons passing by,
with the intent to promote the Adult Entertainment Parlour.
26.3 It shall constitute an offence for a person, while outside the premises of
the Adult Entertainment Parlour, to shout, speak to, distribute handbills to
or solicit persons passing by, with the intent to promote the Adult
Entertainment Parlour.
26.4 Every Owner or Operator shall include in every advertisement of his/her/its
business the Owner's legal name as shown on his/her/its licence and the
name, if any, under which the Owner carries on the Adult Entertainment
Parlour business as shown on his/her/its licence. Failure to comply with
this paragraph constitutes an offence.
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79.0 OFFENCE AND PENALTY PROVISIONS
19.1 Every person who contravenes any of the provisions of this By-law is
guilty of an offence and upon conviction is liable to the penalties
prescribed by the Municipal Act, S.D. 2001, c.25, as a mended, for each
offence.
27.2 Where a corporation is convicted of an offence pursuant to the provisions
of this By-law, the maximum penalty that may be imposed upon the
corporation shall be as prescribed in the Municipal Act, S.D. 2001, c.25 as
amended, for each offence.
28.0 SEVERABILITY
28.1 In the event any provisions of this by-law are deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions shall remain in full force and effect.
28.2 By-laws 99-123 and 99-130 of the Municipality of Clarington are hereby
repealed.
28.3 This By-law shall come into full force and effect on the date of its passing
by Council.
By-law read a first and second time this19taay orarch 2007.
By-law read a third time and finally passed this19thday of March 2007.
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MVN1CIPAL CLE'RK
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SCHEDULE "B"
LICENCE FEES
ADULT ENTERTAINMENT PARLOUR OWNER
$3000.00
$1000.00
$250.00
ADULT ENTERTAINMENT PARLOUR OPERATOR
ADULT ENTERTAINMENT PARLOUR ATTENDANT
- 20-