HomeMy WebLinkAbout99-123 ♦ t w
s
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 99- 123
Being a by-law to license, regulate and govern certain businesses
in the Municipality of Clarington
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 This by-law may be known as the Licensing By-law.
DEFINITIONS
2.0 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;
"Applicant" includes a person seeking a licence, or renewal of a licence or
a person whose licence is being considered for revocation or suspension;
"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;
"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;
r •
� t
t
2
"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 hold 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 that 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;
r •
t
3
"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.
"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;
"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;
"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 individual and not a
partnership or a corporation. The terms "operate", 'operation" and words
of like import or intent have corresponding meanings;
"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;
"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
4
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;
"Refreshment Cart" shall mean a push cart or similar wheeled non-
motorized portable vehicle from which hot dogs, hamburgers,
refreshments and the like 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
public;
"Refreshment vehicle" shall mean a vehicle from which refreshments are
sold 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 instrument 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, 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 any one 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;
I
5
"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 carried 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.
} I
6
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
on the a pp y
in writing appropriate application form as provided by the Clerk and
shall deposit with the Clerk, 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 Clerk.
4.2 The Clerk 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
Clerk 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
7
with the Zoning 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 corrective to
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;
the applicant has previously had his licence or any certificate of
qualifications under The Apprenticeship and Tradesmen's
Qualifications Act, suspended or revoked;
9) 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
1) 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.
i
i
8
4.8 In considering an application under Section 4.6, Council may impose an
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 all 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 shall 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 all 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 shall be 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 shall be an application fee of $25.00 to be submitted at the time of
filing of the completed application. This fee shall be non-refundable, but
will 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 authorized 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 any one 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 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.
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 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.
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 constitutes 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 ersons or any y 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 permit 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 Council 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 general 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 without
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 Committ ee 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.
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 it 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 form 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 result 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 19th day of July, 1999.
By-law read a third time and finally passed this 19th day of July, 1999.
* MAYOR
/ U L CLERK
• I
SCHEDULE "A" TO BY-LAW 99-123
By-law Schedule Licence Class Fee Requirements for licence
Adult Entertainment Parlour Owner $3000.00 . must apply in person
Schedule "B" . applicant must be the owner and not an agent
• must be at least 18 years of age
• provide two pieces of approved personal identification
• separate licence for each establishment
• Criminal record check
Property Standards and Zoning clearance
• inspection of premises by Medical Officer of Health
• list of fees for services to be provided
o precise description of real property to be used for adult entertainment parlour
• working drawings of physical property clearly identifying the main stage
• where owner is a partnership or corporation, the applicant shall provide statutory
declaration in writing listing the full names and addresses of all persons involved
• where owner is a corporation, the applicant shall provide list of all names under which it
carries on or intends to carry on business and copies of articles of incorporation
Adult Entertainment Parlour Operator $1000.00 . must apply in person
Schedule "B" • must be at least 18 years of age
• provide two pieces of approved personal identification
. - Criminal record check
Adult Entertainment Parlour Attendant $250.00 . must apply in person
Schedule "B" . must be at least 18 years of age
• provide two pieces of approved personal identification
• Criminal record check
• *Indicates minimum requirements for licence. Municipal Clerk or Council may require additional information.
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 Adult Entertainment Parlour Operator or
Attendant licence or for the renewal thereof, shall attend at a place
designated by the Municipal Clerk, 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 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 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 Adult
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 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.
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.
3
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 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 3.1 of this Schedule, or
amendments filed 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.
5
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 with 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 constitutes 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 after
the Services referred to therein were performed or after 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, permit or allow any
Operator or Attendant to perform 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 conditions
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.
7
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 morning of any day and
11:00 o'clock in the morning of the same day.
6.13 Every Owner or Operator shall ensure that all patrons of the Adult
Entertainment Parlour shall vacate the Parlour by 2:45 in the morning.
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 without hindrance or delay. Failure to comply with this paragraph
constitutes 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 Adult
Entertainment Parlour in the geographic area of the Municipa!ity 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 Parlour 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 any one 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 Adult 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 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.
8.3 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.
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 constitutes
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 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.
9.3 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.
9.4 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.
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.M.45.
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.M.45.
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 19th 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
M CLERK