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HomeMy WebLinkAboutCLD-006-07 Cl~n REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 5, 2007 Report #: CLD-006-07 File #: 6P/~ - ()30- OJ. By-law #: d- an 7 - 6 h ~ Subject: ADULT ENTERTAINMENT BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-006-07 be received for information; 2. THAT the By-law attached to Report CLD-006-07 be forwarded Council for approval. Submitted by: "- ~_.'\ LR~~_.LC.)~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD 006-07- PAGE 2 of2 BACKGROUND In 1999 the Municipality of Clarington passed an Adult Entertainment By-law. At that time the Municipal Act placed a time limit on the "life" of the by-law. Since its passage, staff have reviewed the By-law and have prepared some minor changes to deal with current trends. The majority of the By-law was found to be operationally effective. The fees are not unreasonable for the business involved and appear to be in line with those charged by other municipalities. The major change has been in permitted location. The current by-law allows only two locations, 54 King Street East Bowmanville and 1540 Highway 2 in Courtice. These are the sites of the former Castle Hotel and the T anglewood. Both of these properties have changed ownership and ceased their use as adult entertainment parlours. In order to provide consistency with other similar licenced establishments and to conform to the Zoning By-law, the new By-law will allow for only two locations. One of these will be in the Courtice industrial area and one in the Bowmanville industrial area. This will be consistent with the permitted areas for Body Rub Parlours. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- 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; - ? - "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. - ::\ - 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 -4- 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 5.5(j), 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. - !'i - 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. - fi - 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 -7- 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. - R - 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. - ~ - 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. - 10 - 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 - 11 - 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. - 1? - 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. - 1 ~ - 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 - 14 - 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 licencee, 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. -1fi- 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/her/its 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. - 1 n - 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. - 1 R - 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 this day of 2007. By-law read a third time and finally passed this day of 2007. MAYOR MUNICIPAL CLERK - Hl- SCHEDULE "B" LICENCE FEES ADULT ENTERTAINMENT PARLOUR OWNER $3000.00 $1000.00 $250.00 ADULT ENTERTAINMENT PARLOUR OPERATOR ADULT ENTERTAINMENT PARLOUR ATTENDANT -?o -