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HomeMy WebLinkAbout94-104 \r. , , ,. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94-104 being a By-Law to Regulate the Display and Sale of Adult Magazines and Adult Films/Videotape WHEREAS Subsection 225(1) of The Municipal Act, R.S.O. 1990, Chapter M.45, provides that by-laws may be passed by the Councils of all municipalities for licensing, regulating, governing, classifying and inspecting adult entertainment parlours or any class or classes thereof; AND WHEREAS Subsection 225(9) of The Municipal Act, R.S.O. 1990, Chapter M.45, defines an "adult entertainment parlour" as any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations; AND WHEREAS, Subsection 225(9) of The Municipal Act, R.S.O. 1990 Chapter M.45, defines "goods" as including books, magazines, pictures, slides, film, phonograph records, pre-recorded magnetic tape and any other reading, viewing or listening matter; AND WHEREAS, the Council of the Corporation of the Municipality of Clarington considers it desirable to pass a by-law to regulate the display of adult magazines and adult videotapes; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: DEFINITIONS: 1. In this By-law, (a) "adult magazine" means any book or magazine designed to appeal to erotic or sexual appetites or inclinations through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by: (i) the portrayal of one or more persons involved or engaging in specified sexual activities; or, (ii) by an emphasis on the display of human specified body areas. (b) "adult film or videotape" means any film or videotape designed to appeal to erotic or sexual appetites or inclinations through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by; (i) the portrayal of one or more persons involved or engaging in specified sexual activities; or (ii) by an emphasis on the display of human specified body areas; ", (c) (d) - 2 - "adult film or videotape area" means a room which is separate and distinct from any other part of the premises or an identifiable part of any premises, which room or identifiable part is devoted principally to the provision of adult films or videotapes, or of such films or videotapes and any other goods designed to appeal to erotic or sexual appetites or inclinations, and where the adult film or videotape area is not a separate and distinct room, it includes the area within three metres of any adult film or videotape; "operator" means every person; (i) who provides in any premises or part thereof, in pursuance of a trade, calling, business or occu- pation, either or both adult magazines or adult films or videotapes; or, (ii) who operates any premises or part thereof in which either or both adult magazines or adult films or videotapes are so provided; (e) "specified body areas" means one or more of the fdl10wing: (f) GENERAL : (i) in the case of a female person, her nipples or areolae; and, (ii) in the case of all persons, the genitals, perineum or the anus. "specified sexual activities" means one or more of actual or simulated sexual intercourse, masturbation, urination, defecation, ejaculation, sodomy, including bestiality, anal intercourse, oral sexual intercourse, direct physical stimulation of unclothed genital organs, and flagellation or torture in the context of a sexual relationship or activity. 2. Every operator who provides adult magazines in any premises or part thereof, or who operates such premises or part thereof, shall comply with the following regulations in respect of such premises or part thereof: ( a) (b) no adult magazine shall be displayed at a height of less than 1.5 metres above floor level, unless such magazine is in a part of the premises to which the public is not permitted physical access; and, every adult magazine offered for public sale or publicly displayed in such premises, or part thereof, shall be placed behind an opaque barrier of a size and nature which shall ensure that the cover of such magazine while being so displayed, except for the name thereof, cannot be seen by any member of the public. 3. Every operator who provides adult films or videotape in any premises or part thereof, or who operates such premises or part thereof, may provide an adult or videotape area in such premises or part thereof, according to the following regulations: .. - 3 - (i) no operator shall permit any person under the age of eighteen years to enter or remain in any adult film or videotape area in which any adult films or videotapes are provided; and, (ii) every operator shall post and keep posted at every approach to such adult film or videotape area, signs sufficient to indicate clearly to every person approaching or entering such area and to every person in such area, that no person under the age of eighteen years is permitted to enter or remain in such area. 4. (1) Every operator who provides adult films or videotapes in any premise or part thereof, other than an adult film or videotape area, or who operates premises or part thereof, in which films or videotapes are provided, shall comply with the following regulations in respect of such premises or part thereof: (i) no adult films or videotapes or cover or container thereof shall be displayed at a height of less than l.5 metres above floor level, unless such films or videotapes are in a part of the premises to which the public is not permitted physical access; and, (ii) all adult films or Yideotapes offered or displayed for provision in such premises or part thereof shall be placed behind an opaque barrier of a size and nature which shall ensure that the cover or container of every such film or videotape while being offered or displayed, except for the name thereof, may not be seen by any member of the public. (2) Any operator who, in respect of any premises or part thereof operated by him in which he provides or in which is provided adult films or videotapes, provides an adult film or videotape area in accordance with the requirement of Section 3 of this by-law in respect of all such films or videotapes provided therein, shall not be required to comply with Subsection 4(1) of this by-law. 5. No operator who provides adult magazines or adult films or videotapes in any premises or part thereof, or who operates such premises or part thereof shall sell, rent or otherwise provide an adult magazine or an adult film or videotape to any person under the age of eighteen years. PENALTIES: 6. Any person who contravenes any of the provisions of this by-law is guilty of an offence. ... . - 4 - SEVERABILITY: 7. Should any part of this by-law be declared by a Court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this by-law shall not be affected thereby, the intent of Council being that each provision of the by-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. By-law read a first and second time this 11 thday of July 1994 By-law read a third time and finally passed thisllth day of July 1994 1Il~~) c;I$~/d MAYOR ~ DEPUTY ~d~ CLE -7