HomeMy WebLinkAboutCD-26-99
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REPOR.T #2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
COUNCIL
19JULY 1999
CD-26-99
File # P () Y. p(' E
Res. # ( - '17 9 ~ 99
By-law # CfC; -/-<,3
Date:
Report #:
Subject:
Municipal Licencing By-law - Adult Entertainment Parlours
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Recommendations:
It is respectfully recommended to Council:
1. THAT Report CD-26-99 be received;
2. THAT the proposed Municipal Licencing By-law, including Schedule A and Schedule
B, attached hereto, be passed;
3. THAT By-law 97-36 be repealed;
4. THAT the short form wording and set fines set out in Attachment '2: of this Report be
approved; and
5. THAT the owners of the Castle Hotel and the Tanglewood Tavern be advised of
Council's actions.
BACKGROUND
In 1996 the Municipal Act was amended to require municipalities to ensure that their
licencing by-laws were kept current. Section 257.2(5) provided that a licencing by-law of
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a local municipality would expire five years after coming into force. The necessity to
review and replace all the municipal licencing by-laws by the end of 2001 has caused
staff to reconsider the Municipality's approach to business licencing. For some time,
staff have been working on a centralized municipal licencing by-law. Such a by-law
would eliminate unnecessary duplication and streamline the application process.
The by-law will continue to be amended as more by-laws are reviewed and updated. In
its initial form the by-law contains definitions for the various businesses and trades which
are currently licenced by the Muni~ipality. The first of these businesses to be added as
a Schedule to the by-law are the adult entertainment parlours, their owners, operators
and attendants.
Also included in this Report is a proposed list of offences and out of court fines for this
by-law. This will require approval from the Attorney General's office before it can be
implemented.
HIGHLIGHTS
Staff propose moving all the licencing issues into one centralized Licencing By-law with
separate schedules to deal with each individual trade or business which the Municipality
licences. This will create a basic standard for all businesses. In preparing this by-law
staff have reviewed similar by-laws from other municipalities and compared them to
requirements contained within the various current by-laws. In order to simplify the
processing of licences all the major requirements have been made consistent to all
businesses, trades and callings. Requirements such as a Criminal Record check and
appeal procedures which are currently part of the Taxi By-law and the Hawkers and
Pedlars by-law will become standard. The various matters for which a municipal licence
is required will be made schedules to the Licencing By-law. Special requirements for
each particular business will be addressed in the individual schedules.
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The first of the schedules to the by-law will list the fees and licencing requirements for
each business. This schedule, Schedule A, is set out so as to provide a quick reference
of licencing requirements. This will be amended as each new business schedule is
added to the by-law
LICENCING ADULT ENTERTAINMENT PARLOURS
In 1997 Council passed a by-law to regulate activities in adult entertainment parlours.
Information from the Durham Regional Police Services shows that problems have
continued despite the by-law. For several months staff have been working with the
Durham Regional Police Service on the development of a new by-law to licence and
regulate adult oriented commercial enterprises, performers, employees, managers and
establishments. The intent of the police initiative is to present a uniform set of rules and
requirements across the Region.
INPUT FROM OTHER SOURCES
The Durham Regional Police Service, and the Legal Services Branch of the City of
Oshawa participated in the development of the original draft model by-law. This model
contains the original provisions of Clarington's by-law as well as provisions similar to
those contained in by-laws of the Cities of Toronto, London, Hamilton, Richmond Hill,
Barrie, Vaughan, Mississauga and the Township of Scugog. The model formed the
basis of Oshawa's new Adult Entertainment Parlour By-law which was passed on June
7,1999.
ANALYSIS
There ar~ currently two adult entertainment parlours in Clarington. These are located at
the Castle Hotel in Bowmanville and the Tanglewood Tavern in Courtice. The two
current sites are legal non-conforming uses according to the Municipality's Zoning By-
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law. The proposed By-law will allow these two operations to continue at their current
location until such time as they cease operation. Once either operation shuts down and
loses its non-conforming status it will be removed as a Iicencable site. After that time,
any new applications for an Adult Entertainment Parlour will have to conform to the
Official Plan and the Zoning By-law. The setback requirements will prevent the two
parlours from operating out of the same building or same set of buildings.
Although the number of adult entertainment parlours has not changed, the Regional
Police report that the industry itself has been growing. Specific concerns of the police
include an influx of adult entertainment industry workers from other municipalities.
Regulation and enforcement in these other municipalities have pushed workers from
those communities into less regulated municipalities. Signifjcantly, the Regional Police
report many of the displaced workers are those persons unable to obtain a licence in
other cities. Typically a person with criminal convictions for immoral theatrical
performances, keeping common bawdy-house offences in relation to prostitution, or
persons under legal age have continued to work in cities with fewer regulations.
Despite the Municipality's 1997 by-law requiring that performances be in clear view of
the stage and prohibiting touching or "lap dancing" by performers in adult entertainment
parlours, there has been no significant reduction in offences investigated. It should be
noted that the atmosphere within adult entertainment parlours is conducive to
disobedience of the law by the attendants. The dancers have an incentive to make
more money for themselves if they provide services which extend beyond what is legally
permitted. This situation can be further aggravated by the passive collaboration of the
owners and operators.
Within the past year the Regional Police have charged two underage attendants in other
establishments within the Region. The Police also indicate an increase in minors
involved in prostitution related to adult entertainment indicating a migration of underage
persons to less regulated municipalities.
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Organized crime has traditionally been closely associated with the Adult Entertainment
industry in Ontario and drugs, alcohol and morals offences typically increase within a
community with the close involvement of organized crime. The Police report that
organized criminal activity is increasing in relation to the adult entertainment industry and
they are therefore strongly recommending updated adult entertainment by-laws within
the Region.
Staff have met and reviewed the proposals with representatives of the Regional Police
through the Durham By-law Enforcement Working Group. This Group is made up of
Enforcement staff from across the Region who meet on a regular basis to discuss issues
of common concem to all the member municipalities. One of the goals of this Group is to
work towards uniformity of standards and, where possible, consistency of by-laws across
the Region.
NEW INITIATIVES
The proposed by-law, short form wordings and set fines incorporate the following new
provisions:
. Creates three new licensed categories: Adult Entertainment Parlour Owners;
Operators; and Attendants
. Sets licence fees for Adult Entertainment Parlour Owners, Operators and Attendants
at $3,000 for Owners, $1,000 for Operators and $250 for Attendants.
. Requires identification of all licensees and issuance of photo identification to
Operator and Attendant licence holders.
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. Requires the description of the Main Stage area in the application by a floor plan
drawing suitable to the Municipality.
. Lists all officers and directors of any corporation with a direct or indirect interest in the
Adult Entertainment Parlour.
. Requires a list of services provided by the establishment including prices for services
to be filed with the Municipal Clerk.
. Requires the keeping of records for the provision of services by Attendants and
amounts paid by patrons.
. Provides means for revocation, suspension or refusal to issue or renew a licence.
. Places the onus for the lawful operation of the business on the Owner and Operator.
. Limits the hours within which adult entertainment services may be provided between
11 :00 am to 2:00 am. in accordance with the hours set out in the Liquor Licence Act.
. Limits the number of Adult Entertainment Parlours within the Municipality to two.
. The age limit for attendants and patrons in line with the age limits prescribed by the
Liquor Licence Act.
. Limits the form of advertising associated with Adult Entertainment Parlours.
. Creates short form wording and set fines for ease of police investigations, charging
offenders and streamlining the court appearance process.
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. The draft by-law (Attachment 'A') also includes existing by-law provisions.
Currently neither the owners, operators nor attendants are required to obtain a licence.
By licensing these categories of business, the Municipality identifies and regulates the
persons with corporate control, managerial control and those persons providing services
within each premises. Licensing ultimately aids in the enforcement and prevention of by-
law offences and criminal activity.
The identification of all licensees and officers and directors has been added in order to
better understand the structure and controlling interest of a corporation as well as
ensure compliance with all provisions of the by-law by means of proper identification.
When the controlling interest of companies is understood, it allows for more in-depth
investigation into the operation of its business. By requiring all involved parties to be
identified, someone whose licence has been denied or suspended is prevented from
acquiring another licence under a different company name. The restriction on underage
attendants is better enforced if all attendants carry identification bearing their pictures
and other personal data. Arrangements have been made with the Regional Police for
them to provide the identification photographs of the applicants.
The current by-law requires all performances to be within piain view of the main stage.
The addition of the requirement to provide a floor plan with the licence application and to
limit the establishment to one main stage allows police to identify where the main stage
is located and closes any defense associated with a movable main stage and the
concealment of services.
The current by-law prohibits physical contact between customers and attendants while
they are performing. This has been further clarified by stating that contact does not
have to be direct skin to skin. There have been cases where the Defendants have
argued that they did not believe they were committing an offence because the customer
was not also naked. This change does not limit or prohibit benign touching of a non-
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sexual nature between a customer and an attendant in any way; it only regulates the
conduct of the parties while the attendant is performing.
The requirement for a list of services to be kept on file with the Municipality, the display
of a list of services with prices and the provision of a receipt by attendants, will enable
the police to track the proceeds of crime where applicable, however this is a side benefit
and not the primary purpose. More importantly it also serves a Municipal purpose. It
provides a means to ensure that only those "services" listed in the licence application
are being performed. Posting the list in a conspicuous place along with the associated
fees will assist in improving both the attendants and the patrons general understanding
of the services that may be requested by the patrons before they are requested.
Patrons will be less inclined to try to induce the attendants to provide unauthorized
services by offering them additional sums of money. Knowing that they are limited in
what they are allowed to offer and that it can be verified through the receipts, attendants
may be less willing to provide unauthorized services. The requirement for an itemized
bill for services before the provision of the services will more specifically ensure that an
attendant and patron direct their minds to the issue of the specific authorized services
and fees at the time that the service is offered. This is not intended to diminish the
owner or operator's responsibility to ensure compliance with the provisions of the by-law.
Rather, the requirement for an itemized bill and its delivery before the provision of
services is intended to augment the accountability of attendants and patrons. This
eliminates any uncertainty or confusion on the part of either party as what services were
and were not to be supplied.
The proposed by-law places an onus on the Owner and Operator to ensure that only
permitted services are provided. The requirement that each Attendant deliver a copy of
every bill prior to leaving the premises and the corresponding requirement to maintain
those bills for at least one year will assist an Operator in ensuring that only permitted
services were rendered and only permitted fees paid for the services. These
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requirements will provide an effective management tool for Operators that will assist
them in their efforts to ensure compliance with the provisions of the by-law.
The requirement that the Operator's records and books identify every Attendant and
every date that any Attendant provides services and the corresponding requirement that
the records and books indicate the amount of salary or commission paid to each
Attendant are considered essential in order to properly reconcile the operator's records.
An Operator properly supervising an Adult Entertainment Parlour will be better able to
determine whether there is a reasonable correlation between the number of bills
submitted by an Attendant and the services that the Attendant is observed to have
provided during the course of a particular evening. Further information respecting the
legal relationship between an Operator and an Attendant will assist in prosecutions of
Operators who have been less than diligent in ensuring compliance with the provisions
of the by-law.
The requirement that an Operator retain books and records for a period of one year and
afford access to such books and records will greatly assist the Municipality in the
efficient and effective enforcement of this by-law. Experience in other municipalities has
shown numerous instances where an Operator or Owner has avoided prosecution by
claiming ignorance of illegal activity. The by-law will ensure the Owner and Operator
take responsibility for the daily operation of the premises and conduct of Attendants.
Similar to the Taxi By-law, an appeal before Council remains the right of a licensee or
applicant whose licence had been revoked, suspended, or refused.
There are currently no limits on the hours of operation of an Adult Entertainment Parlour.
The Schedule will create specific hours within which all services must take place. This
provision is recommended by the Regional Police in order to make the operation of the
Adult Entertainment services compatible with hours of service in the Liquor Licence Act.
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As a result, adult entertainment services should be limited to the hours of 11 :00 am to
2:00 am.
The age restriction for an Attendant in an Adult Entertainment Parlour will compliment
the provisions of the Liquor Licence Act. In addition, the age restriction on entrance has
been amended to conform to provisions of the Criminal Code of Canada. These
amendments were recommended by the Regional Police in order to avoid successful
Charter of Rights challenges based on discrimination by age.
Staff are also recommending amendments to the Municipality's Sign By-law. The
amendments deal directly with advertising associated with Adult Entertainment Parlours
to fully regulate sign content in order to prevent inappropriate displays, hawking or
offensive advertising. The amendment will also restrict the use of public address
systems, distribution of handbills or advertisements without identification of the licensee.
The details of the proposed amendments are set,out in Report PO 88-99.
The short form wording and set fines (Attachment 'B') allow police to conduct
investigations and issue offence notices or "tickets" to offenders at the time of the
offence. The offender then has the option of immediately paying the fine or contesting
the charge similar to a traffic ticket. Experience with other by-laws which incorporate
short form wording and set fines has shown greater efficiencies in the prosecution of
offences and collection of fines. The proposed set fines are consistent with those being
sought in the City of Oshawa and other jurisdictions.
FINANCIAL IMPLICATIONS
The Municipal Act provides that when establishing licence fees for adult entertainment
parlours, Council shall take into consideration administration and enforcement costs
involved in the by-law. The recommended licence fees have been calculated with this in
mind.
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The provisions of the draft by-law requiring detailed documentation of Iicencees and
continued maintenance of records will mean a significant increase to current licensing
administration. This would include processing, issuance, annual renewal and
maintenance of records associated with approximately seventy-five Attendants, four
Operators and two Owners licences, according to the staffing estimates given by the
Regional Police. It is estimated the cost for administration and enforcement of the Adult
Entertainment industry licensing could total approximately $28,750. Enforcement of the
by-law will primarily be the responsibility of the Durham Regional Police.
The recommended fees provide for full cost recovery through the following suggested
licence fees: Adult Entertainment Parlour Owners, $3,000; Operators, $1,000; and
Attendants, $250.
CONCLUSION
The Adult Entertainment industry involves lucrative prOVIsion of adult services in
association with liquor licensed establishments. Police across Ontario have identified
sophisticated criminal activity intimately involved with this industry. The
recommendations in this report reflect legitimate municipal concerns and will allow
enforcement which should assist in preventing immoral or unscrupulous activity and
allow for swift preventative action by the Regional Police. The proposed by-law will
come into effect 30 days after its passage to allow the Owners, Operators and
Attendants to acquire their required licences.
Both interested parties have been supplied with a copy of the proposed by-law and this
report.
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RECOMMENDATIONS
After careful consideration staff recommend the following:
1. That the proposed Municipal Licencing By-law, including Schedule A and Schedule
B, attached thereto, be passed;
2. That By-law 97-36 be repealed
3. .That the short form wording and set fines set out in Attachment '~' of this Report be
approved
4. That the owners of the Castle Hotel and the Tanglewood Tavern be advised of
Council's actions.
Reviewed by
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Franklin Wu
Chief Administrative Officer
Attachments:
1. Proposed Municipal Licencing By-law, Schedule A and Schedule B
2. Proposed short form wordings and set fines
Interested Parties
997539 ONTARIO LIMITED
54 KING STREET EAST
BOWMANVILLE
L 1C 1 N3
WALJAN HOLDINGS COMPANY LIMITED
TIA YE OLOE TANGLEWOOD TAVERN
1540 HIGHWAY NO.2
COURTICE, L 1 E2R6
:'ttdchrnent III
Report CD-26-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 99- J.n
Being a by-law to license, regulate and govern certain businesses
in the Municipality of Claringtan
WHEREAS The Municipal Act R,S.O. 1990 c. M 45 authorizes municipalities to
licence, regulate and govern certain businesses;
NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as
follows:
1.0 TITLE
This by-law may be known as the licensing By-law.
2.0 DEFINITIONS
In this bY-law, unless a contrary intention is indicated:
"Adult Entertainment Parlou(' 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;
"Auctioneer" shall mean a person who sells or puts up for sale goods,
wares, merchandise or effects by public auction, but shall not include a
sheriff or bailiff offering for sale goods or chattels seized under his
authOrity;
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"Broker" shall mean a person who accepts bookings for any taxicab or
limousine and such broker shall be licenced as a broker notwithstanding
that such broker holds licences for a vehicle or as a driver, but this
definition shall not be construed to constitute any person requiring a
licence for accepting fares while operating a vehicle:
"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;
"Hawker/Peddler" means a person who goes from place to place, or to a
particular place with goods, wares or merchandise for sale or who carries
and exposes samples, patterns or specimens of any goods, wares or
merchandise that are to be delivered in the Municipality afterwards;
"Health Unit" means the Durham Regional Health Unit;
"His" shall be read with such Changes of number or gender as the context
requires;
"limousine" shall mean a motor vehicle which does not bear any
identification other than the Provincial motor vehicle licence, which does
not have a taximeter and which is kept or used for hire for the conveyance
of passengers solely on an hourly baSIS but shall not include a taxicab in
respect for which a licence has been issued under the provisions of this
by-law to the owner, a bus, an ambulance or a hearse;
"Main Stage" means, in relation to an Adult Entertainment Parlour, the
prinCiple setting, scene or area Upon which performances, services or an
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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;
"Manifest" shall mean a daily reCOrd prepared by a taxicab driver of all
trips made by said driver showing time and place of Origin, destination,
number of passengers and the amount of the fare for each trip;
"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 Adu~ Entertainment Parlour is
located. The terms "own", "ownership", and words of like import or intent
shall have correspOnding meanings;
"Operato~', in reference to an Adu~ 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 fumish, 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
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occupants of such vehicle or waming devices on emergency vehicles or
horns or any device used for traffic safety purposes;
"Refreshment Cart" shall mean a push cart or simiiar wheeied non-
motorized portable vehicle from which hot dogs, hamburgers,
refreshments and the iike are prepared and sold for consumption by the
pUblic but shall not include a refreshment cycle;
"Refreshment Cycle" shall mean a non-motorized bicycle or tricycle from
which ice cream products and the like are sold for consumption by the
pubiic;
"Refreshment Vehicle" shall mean a vehicle from which refreshments are
soid for consumption by the pUblic:
"Tariff Card" shall mean a card issued by the Municipality for display in
each taxicab which contains the rates of fare then in force;
"Taxicab" shall mean a motor vehicle kept or used for hire for conveyance
of passengers, which vehicle has seating for not more than seven
passengers, but shall not include a limousine in respect of which a licence
has been iSSUed to the owner thereof under the proviSions of this by-law, a
bus, an ambulance or a hearse;
"Taximeter" shall mean a meter IOstrument or device attached to a taxicab
which measures mechanically the distance driven and the waiting time
Upon which the fare is based;
"Services", in reference to an Adult Entertainment Parlour. includes
activities, facilities, perfonmances, 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 meanrng or implication is used in any advertisement;
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"Sexual Contact" includes the kissing, fondling, or sucking of breasts or
genitalia, digital penetration, fellatio. cunnilingus, mastUrbation, ejaculation
or intercourse:
"Trade" includes business, calling or occupation and "carrying on a trade"
shall include any act of:
a) selling any goods or services;
b) soliciting business or offering or exposing goods or services for sale or
lure;
3.0 LICENCE REQUIRED
3.1 For every trade set out in Schedule "A" of this by-law, there shall be taken
out by every person carrying on such trade a licence from the Municipality
authorizing him to carry on his trade and no person shall, either directly or
indirectly, carry on a trade, either for profit or not, for which a licence is
required by this by-law without first having obtained a licence therefore.
Failure by such a person to comply with this section constitutes an
offence.
3.2 A person who receives a licence for a trade set out in Schedule "A" to this
by-law must comply with the regulations set out in all other schedules to
this bY-law, as applicable to the trade being carried on. Failure to comply
with the regulations in the applicable Schedule(s) constitutes an offence.
3.3 An agent, trustee or representative of persons carrying on a trade in the
Municipality for which a licence is required 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.
3.4 A separate application for a licence shall be completed for each location
from which a trade is earned on, provided that a warehouse incidental to
the conduct of a trade and used only for such purpose shall not be
considered a separate location of the trade. Failure of an agent, trustee or
representative of persons carrying on a trade in the Municipality for which
a licence is required to comply wIth this section constitutes an offence.
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3.5 There shall be a separate licence obtained for each location from which a
trade is carried on and for which an application has been received and
approved and such licence cannot be transferred.
3.6 There shall be a separate application for a licence for each classification
or category of business operated and licence to be issued and such
licence cannot be transferred.
4.0 PROCEDURE
4.1 Any person required to obtain a licence pursuant to this by-law shall apply
in wrrting on the appropriate application form as provided by the Cieri< and
shall deposrt with the Cieri<, at the time of application, an application fee of
$25.00 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 Cieri<.
4.2 The Cieri< may require affidavits in support of an application.
4.3 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.
4.4 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
Cieri< deems appropriate or in the interest of the general public, and any
costs incurred for such inspections or documents shall be at the
applicant's expense.
4.5 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
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with the Zomng By-law or any parking requirements of the
Corporation;
b) the applicant's premIses or place of business requires corrective to
an order of the Medical Officer of Health to ensure the safety public;
c) the applicant's premises or place of business requires ccrrective to
an order of the Fire Chief to ensure the fire satety;
d) the applicant is inccmpetent 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 has previously had his licence or any certificate of
qualifications under The Apprenticeship and Tradesmen's
Qualifications Act, SUspended or revoked;
g) the applicant is financially obligated to the Municipality in some
manner other than for current taxes;
h) the applicant is in breach of this or some other Municipal by-law or
law of Ontario or Canada:
i) 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.
4.6 An applicant who has been denied a Licence by the Clerk pursuant to
Section 4.5 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.
4.7 The Committee shall hold a hearing in the presence of the applicant, and
the rules in Section 15 apply with necessary modifications.
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4.8 In considering an applicatIon under Section 4.6, 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.
4.9 If the aH facts and conditions are the same, the Clerk may renew the
licence.
4.10 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 "A" shall not be reduced in the event that the first period
for which the licence is issued is less than on calendar year.
5.0 RENEWALS
5.1 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 shaH be as set out in Section 4 of this by-law.
5.2 Notwithstanding Section 5.1, where a licence has been iSSUed as a result
of a decision of Council, if aH the relevant facts and conditions have
remained the same, the Clerk may issue the licence.
6.0 LICENCE FEE
6.1 The fee for obtaining a licence or renewal of a licence shaH ~e as set out
in Schedule "A" of this by-law. In the event that a licence is revoked or
Suspended, no licence fee is refundable.
6.2 There shaH be an application fee of $25.00 to be submitted at the time of
filing of the completed application. This fee shaH be non-refundable, but
wiH be applied towards the licence fee for a successful application.
7.0 DUPLICATE LICENCE
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
8.0 POSTING LICENCES
8.1 Where a licensee carries on business or trade from a fixed place of
business, the licensee shall post the licence obtained under this by-law in
a conspIcUOus place at such fixed place of business and every person so
licensed shall, when requested by any person authonzed by Council,
produce the licence for Inspection. Failure by a licensee to comply with
this section shall constitute an offence.
8.2 Where the licensee travels from place to place to perform his trade, he
shall carry his licence with him when engaged in the OCcupation for which
the licence is issued and every person so licensed shall, when so
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.
8.3 Where a licensee is issued a plate obtained under this by-law bearing an
identifying number, the licensee shall securely affix the plate to the rear of
the vehicle for which it was issued in a conspicuous position. Failure by a
licensee to comply With this section constitutes an offence.
9.0 PARTNERSHIPS AND CORPORATIONS
AND UNICORPORATED ASSOCIATIONS
9.1 A partnership, corporation, association or combination thereof shall be
considered as a single applicant for anyone trade at one place of
business.
9.2 On any application by a partnership, the licence shall be issued in the
name under which business IS carried on by the applicant.
9.3 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 m'mes and addresses of
the ordinary residences of all partners and a declaration that the persons
therein listed are the only members of the partnership.
9.4 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
shall contain copies of the articles of incorporation or other Incorporating
documents.
10
9.5 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.
9.6 A change 10 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.
10.0 CHANGE OF ADDRESS
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 constrtutes an offence.
11.0 INSPECTIONS DURING REASONABLE TIMES
11.1 The Clerk, the Chief of Police, the Medical Officer of Health, the Fire Chief
or any person acting under these persons or any person authorized by
Council may at reasonable times during business hours inspect:
11.2 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;
11.3 Any goods, equipment, books records or documents used or to be used
by the applicant or licensee under this by-law: and
11.4 It constitutes an offence for any person to obstruct or permrt the
obstruction of such inspection.
12.0 NO TRANSFER
It constitutes an offence for any person to transfer or assign a licence
issued under this by-law.
13.0 NO VESTED RIGHT
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.
11
14.0 LICENSEES TO USE NAME ON LICENCE
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 his or her or its licence.
15.0 REVOCATION AND SUSPENSION
15.1 Councli may revoke, SUspend. impose any conditions upon, or refuse to
issue or renew any licence to any person under this by-law.
15.2 The Clerk is authorized to SUspend any licence issued to any person
under this by-law pending a review by Committee.
15.3 Council may, in exercising the discretion mentioned in Section 15.1,
consider any matter raised under paragraph 4.5 or any other matter that
relates to the generai welfare, health or safety of the public.
15.4 Hearing by Committee:
a) A Notice of Hearing shall be mailed to the applicant at least fifteen
(15) 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.
b) At such hearing Committee shall receive a written report from the
Clerk and from such other officers or employees of the Municipality
who may be Involved in the matter being considered by Committee.
c) Committee shall not make a decision under Section 15.1 without
first affording the person or applicant the opportunity to be heard
before the Committee.
d) 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 wilhout
holding a further hearing or affording further opportunity for a
hearing in such matter.
12
e) 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.
15.5 Report by Committee:
a) At the conclusion of the hearing conducted by the Committee
mentioned in Section 15.4, the Committee shall, as SOon as
practicable, make a written recommendation, If any, to Council with
reasons on the ments of the application in respect of which the
hearing has been conducted.
b) 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 ~ conducted
the hearing itself.
c) 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 certified 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.
16.0. SCHEDULES SHALL APPLY
16.1 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 fonm part of this by-law.
16.2 Notwithstanding Section 15 of this By-law, the making of a false or
intentionally misleading recital of fact, statement or representation in any
licence application, may resuit in the immediate revocation of a licence or
refusal to issue or renew a licence, by the Clerk.
13
17.0 PENALTIES
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 Provincial Offences Act. R.S.O. 1990, C.P. 33, for each offence.
18.0 SEVERABILITY
18.1 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.
18.2 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 19'" day of July, 1999.
BY-law read a third time and finally passed this 19'" day of July, 1999.
MAYOR
MUNICIPAL CLERK
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Schedule "B" to By-law 99- 123.
ADULT ENTERTAINMENT PARLOURS
1.0 APPLICATION FOR ADULT ENTERTAINMENT PARLOUR
LICENCES - OWNER, OPERATOR, ATTENDANT
1.1 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 1.4 of this
Schedule, 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.
1.2 Every person applying for an AduK Entertainment Parlour Operator or
Attendant licence or for the renewal thereof, shall attend at a place
designated by the Municipal Cierk, for the purpose of having his/her
photograph taken. Three photographs of the applicant's face will be
forwarded to the Clerk's Department, one of which shall be attached to
and form part of the licence and the others shall be filed with the
Municipality. Upon application for renewal, the applicant shall have new
photographs taken.
1.3 Every person appiying 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 years.
1.4 The following types of personal identification and proof of age are
prescribed for the purposes of this Schedule:
2
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 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
e) A Canadian Armed Forces identification card.
2.0 APPLICATION FOR ADULT ENTERTAINMENT
PARLOUR LICENCES - OWNER, OPERATOR
2.1 Where an Owner intends to be, or is also the Operator of an Adutt
Entertainment Parlour, he or she shall require both an Owner and
Operator licence.
2.2 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 reai 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.
2.3 Each Adult Entertainment Parlour shall have no more than one designated
Main Stage.
2.4 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.
2.5 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 obtain the Municipality's approval prior to
such alteration or deviation will invalidate the Adult Entertainment Licence.
2.6 Every Owner must report a change in composition of the officers and
directors referred to in section 9.4 of this By-law, within fifteen days of the
change. Failure to report pursuant to this section shall result in automatic
suspension of the Owner's licence.
2.7 Notwithstanding section 10 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 report pursuant to this section
shall result in an automatic suspension of the Attendant's licence.
2.8 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.
3.0 LISTS OF SERVICES AND FEES
3.1 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.
3.2. It shall constitute an offence for an Owner, Operator or Attencant 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 3.1 of this Schedule, or
a mend ments fi led thereto.
4
3.3 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 3.1 of this Schedule, or amendments thereto.
3.4 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. Failure to comply with this paragraph
constitutes an offence.
4.0 KEEPING OF BOOKS AND RECORDS
4.1 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.
4.2 Failure by the Operator to comply with section 4.1 of this Schedule
constitutes an offence.
4.3 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 wrth this
paragraph constitutes an offence.
4.4 The Attendant shall provide a copy of each of the bills prepared under
section 4.3 of this Schedule to the Operator prior to leaving the premises.
Failure to comply with this paragraph constrtutes an offence.
4.5 It shall constitute an offence for an Operator to cause, permit or allow an
Attendant to provide Services contrary to section 4.3 of this Schedule.
4.6 Every Operator shall retain and keep a copy of each bill, receipt, record or
book referred to in section 4.1 of this Schedule for at least one year alter
the Services referred to therein were perfomned or alter the record was
made. 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 comply with this paragraph constitutes an offence.
4.7 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.
4.8 It shall constitute an offence for an Owner to cause, pemnit or allow any
Operator or Attendant to perfomn Services or to conduct business contrary
to section 4.1 of this Schedule.
5.0 REVOCATION, SUSPENSION OR
REFUSAL TO ISSUE OR RENEW LICENCE
The Clerk may at any time review an Adult Entertainment Parlour licence
and may, rather than suspend the licence, attach to the licence condrtions
consented to by the licensee. Where conditions to a licence are attached
under this paragraph. failure to comply with the conditions shall result in
automatic suspension of the licence.
6
6.0 GENERAL REGULATIONS - OWNERS. OPERATORS, ATTENDANTS
6.1 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.
6.2 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, unless this paragraph
is complied with:
a) permit the Adult Entertainment Parlour to remain open for business;
b) permit any Attendant to enter or remain on the premises, or
c) permit any Attendant to provide any Service at the Adult
Entertainment Parlour.
6.3 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.
6.4 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.
6.5 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.
6.6 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.
6.7 Subject to section 6.8 of this Schedule, 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.
6.8 Section 6.7 of this Schedule 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.
6.9 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.
6.10 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.
6.11 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.
6.12 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 moming of any day and
11 :00 o'clock in the moming of the same day.
6.13 Every Owner or Operator shall ensure that all patrons of the Adu~
Entertainment Parlour shall vacate the Parlour by 2:45 in the moming.
6.14 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 wrthout hindrance or delay. Failure to comply with this paragraph
constrtutes an offence.
6.0 LIMIT ON NUMBER OF AND LOCATION
OF ADULT ENTERTAINMENT PARLOURS
7.1 Notwithstanding the provisions of the Municipality's Zoning By-law, it shall
constitute an offence for a person to own or operate an Adu~
Entertainment Parlour in the geographic area of the Municipality of
Clarington, except within either of the two following defined geographic
areas:
a) the area located at part of Lot 12, Concession 1. former Township
of Darlington and municipally known as 54 King Street East
Bowmanville; or
b) the area located at part of Lot 33, Concession 2 of the former
Township of Darlington, municipally known as 1540 Highway No.2
Courtice.
7.2 It shall constitute an offence for an Attendant to provide Services in an
Adult Entertainment Pariour in the geographic area of the Municipality of
Clarington, except within the defined geographic area set out in section
7.1 of this Schedule.
9
7.3 There shall be no more than two Adult Entertainment Parlour Owner
licences issued by the Municipality at anyone time.
7.4 An Adult Entertainment Parlour licence shall not be issued for any Adult
Entertainment Parlour which is located or proposed to be located within
100 metres from any existing licensed Adutt Entertainment Parlour.
8.0 CONDUCT OF SERVICES PROVIDED - "NO TOUCHING"
8.1 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
part of that person's body, whether or not the touching is skin to skin.
8.2 It shall constitute an offence for an Attendant performing or providing
Services in an Adult Entertainment Parlour, during the course ofthat
entertainment, to have Sexual Contact wrth 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.
8.3 It shall constitute an offence for a patron attending the facilities of an Adutt
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.
8.4 Every Owner or Operator of an Adult Entertainment Parlour shall post a
copy of the "no touching" regulations as set out in section 8.3 of this
Schedule 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 constrtutes
an offence.
9.0 ADVERTISEMENT
9.1 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.
10
9.2 It shall constitute an offence for an Owner or Operator to cause or permrt
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.
9.3 It shall constrtute an offence for a person, while ouiside 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.
904 Every Owner or Operator shall include in every advertisement of his/her/its
business the Owner's legal name as shown on his/herlits licence and the
name, if any, under which the Owner carries on the Adult Entertainment
Parlour business as shown on his/herlits licence. Failure to comply with
this paragraph constitutes an offence.
9.5 Regulations with respect to Adult Entertainment Parlour signs may be
found in Municipality of Clarington Sign By-law No. 97-157.
10.0 OFFENCE AND PENALTY PROVISIONS
10.1 It shall constitute an offence for any person to contravene any provision of
this Schedule to this By-law and upon conviction that person shall be
liable to a fine not exceeding $25,000.00 or to imprisonment for a term not
exceeding one year or to both, pursuant to section 329 of the Municipal
Act, R.S.O. 1990, c.MA5.
10.2 Where a corporation is convicted of an offence under this Schedule to this
By-law, the maximum penalty that may be imposed upon the corporation
is $50,000.00 pursuant to section 329 of the Municipal Act. R.S.O. 1990,
c.MA5.
11.0 SEVERABILITY
11.1 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.
11.2 By-law 97-36 of the Municipality of Clarington is hereby repealed.
11
11.3 This Schedule shall come into full force and effect 30 days after its
passing by Council.
By-law read a first time this 19~ day of July, 1999.
By-law read a second time this 19th day of July, 1999.
By-law read a third time and finally passed this 19th day of July, 1999.
MAYOR
MUNICIPAL CLERK
Attachment 112
Report CD-26-99
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