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Home My WebLink AboutCD-22-94 �N THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File#'M , 1 Date: July 4, 1994 Res. #C�(�11��I � `� By-Law# Report#: CD-22-94 File#: Subject: PLACEMENT OF ADULT READING MATERIAL IN LOCAL STORES Recommend o"'is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-22-94 be received; 2 . THAT the attached by-law be forwarded to Council for passage. BACKGROUND: At a meeting held May 9, 1994, Council passed Resolution C-322-94, requiring the By-law Enforcement Division to examine the need for a by- law to regulate the placement of adult reading material in local stores. Staff have examined this issue and the related matter of adult videotapes and prepared this report. The Municipal Act grants all municipalities the authority to pass by- laws licensing, governing, regulating, classifying and inspecting adult entertainment parlours . (Section 225 (1) ) . At present, the intention of the By-law is to regulate only those areas where adult magazines, films or videotapes are offered for sale or rental. Should it become necessary in the future, the Municipal Act does allow for the licensing of these businesses . Many municipalities have enacted by-laws regulating adult books, magazines and videotapes . Among the material staff have collected on this matter are the By-laws of the City of Oshawa, Town of Whitby, Metropolitan Toronto and the City of London. Each of these By-laws closely parallels the enabling legislation in the Municipal Act. 6 U I AP,ER R A ecv s 7—6 PRINTED EW RECYCLED PAPER CD-22-94 - 2 - July 4, 1994 In the past staff have received enquiries about the display of both adult magazines and videotapes. The proposed by-law incorporates regulations for both these matters . The By-law will require that adult books, magazines and videotapes be placed at least 1 .5 meters above the floor level and behind an opaque barrier or in a separate room or area to which access can be controlled or limited. As previously stated, the subject of control or restriction of adult magazines and videotapes is one which has been addressed by many municipalities . The intention of the By-law is not to censor or prohibit material but, rather, to legitimately restrict physical and visual access by children to such material. Respectf submitted, Reviewed by, att' Bar e, A.M.C.T. W. H. Stockwell Cler Chief Administrative Officer PLB/LC/MH i 6 u 2 I a: t: .... .;5 i.. J w r.. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON L f 1 BY-LAW 94 Y Being a By-law to Regulate the Display and Sale of Adult Magazines ce.>:.':- and Adult Films/Videotapes WHEREAS pursuant to Subsection 225(1) of The Municipal Act, R.S.O. 1990, Chapter M.45, -laws that by may be passed b the =' .> :- Councils Y f of all municipalities for licensing, regulating,class ifying and inspecting adult entertainment parlour s or any class or classes thereof; r. Mfu AND WHEREAS pursuant to Subsection 225(9) of The Municipal Act, R.S.O. 1990, Chapter M.45, defines an "adult entertainment as any premises or part thereof in which is provided, in parlour P , 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 w fir..: ....... ......:..' of Clarington enacts as follows: r DEFINITIONS: va: In this By-law, (a) "adult magazine" means any book or magazine designed to to erotic or sexual appetites etites or through the Pictorial, pp inclinations g P , photographic or other graphic ? ., depiction of subject matter distinguished or character- ized 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 L J �f •" .; g pictorial, photographic or other graphic depiction of subject distinguished or characterized by; ti ; ' (i) the portrayal of one or more persons involved or engaging in specified sexual activities; or z 1 (ii) by an emphasis on the display of human specified ;•;:::: ':;<<•::'::;.` ...;•::.;,�:.:;'::'';::':.;•;;:•: body areas ; 1. L :.:..Lf...L.....:....:'.�::::::.. are: :•;ti x4 2 — (a) "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 j such films or videotapes and any other goods designed to appeal to erotic or sexual appetites or inclinations, :. ;.:::,;;:.;:.:; ;;_s,:::>1 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; (d) "operator" means every person; -1:irw25 Vic`..........i ;;; .....- :::<::<;' (i) who provides in an rem ��' y premises or part thereof, in pursuance of a trade, calling, business or occu- ; ., , pation, either or both adult magazines o films or videotapes; g r adult , (ii) who operates any premises or part thereof of in which either or bot h adult magazines or adult films or videotapes are so rovide A d, ( ) specified body areas means one or more of the v rf ::::::::::::•: •>:•:;::, followin : g (i) in the case of a female person, her nipples or r:;•. i areolae; and, (ii) in the case of all persons, the a A , genitals, perineum or the anus. (f) "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, a direct physical stimulation of unclothed genital organs, and flagellation or torture in the context of a sexual < : _'�. `- relationship or activity. GENERAL: 2. Ever ,..:; y operator who provides adult magazines in an remises or part thereof, or who operates such y A -�-°-- A premises or part thereof, -< ......:.....::.' shall comply with the following regulations in respect of such .w premises or part thereof: ::.:.:.. (a) 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 Perm physical access and ::r: ::::•;::::':;:::;;•;::::'::; f , ::.rl :• .: .. (b) every adult magazine offered for public sale or publicly Y� a 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 :'::.Tt,;lam• ::.:. being so displayed, except for the name thereof, cannot be seen by any member of the public. _ A 3. Every operator who provides adult films or videotape in any premises or part thereof, or who operates such premises or art thereof, may ?I.. >` A , y provide an adult or videotape area in "F . A part thereof; according to the following �I.•.:x.t.:; :.• such remises or regulations: r- 01 4 - - i (i) no operator shall an ermit • ht P Y 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 i are provided; and, - ( ) every operator shall post and keep posted. P P at every <`•: ;:':;.;:;' -:= approach to such adult film or videotape p area, signs sufficient to indicate clearly to every person approaching or entering such area and to every person x in such area, that no person under the age of eighteen r years is permitted to enter or remain in such area. 4. (1j 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 p premises or ti part thereof, in which films or videotapes are provided, shall comply with the following regulations in respect of_ .. h premises or part thereof: i no adult It films 0 r videotapes t a pe s o r cover o r container thereof shall be displayed at a height of less than 1.5 metres above floor level, unless such films or videotapes are i p n a art of the premises ices t P to which the public is not permitted physical rF.;•:':•:•::::':;. :'::• access; and ' all adult films or videotapes offered red or displayed provision for?..: `? p n in such premises or part thereof shall be placed behind an opaque ba :::�: ::::.�:: -:•._..::::.:: a size � and nature which shall ensure that the cover or SLY . 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. h f!L _'i (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 <;;?;• 'r.';.;;y:; - an adult film or videotape Y!L!! area in accordance with the kr : requirement of Section 3 of this by-law in respect of i all such films or videotapes provided therein, shall u i not be required to comply with Subsection 4(1) of this 4 41ZL l;�tf ,14 f ,4 by-law. Me No operator who provides adult magazines or adult films or videotapes in an W; ";;�; ::`>::::::� :;`. P y premises or part thereof, or who operates � p tes .:.;':>: ' 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: s �! 6. Any person who contravenes any of the provisions of this - by-law is guilty of an offence. J 1 w�Y, 0 l : 6= J .... ............ z : - 4 - r SEVERABILITY: W.. .... l:t , 7. Should any part of this by-law be declared by a Court of f 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 day of 19 By-law read a third time and finally passed this day of 19 v MAYOR w�-'::• •;:-� CLERK « y' «Y i l Y:�flFi: :•mow . 1 :fllY..........':::':: ;.. .. ...:.-t................. .wfj{