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HomeMy WebLinkAboutChapter 502 - Adult Entertainment Parlours LICENCE Chapter 502 ADULT ENTERTAINMENT PARLOURS Article 1 INTERPRETATION 502.1.1Adult books and videos -defined 502.1.2Adult entertainment parlour -defined 502.1.3Adult goods -defined 502.1.4Application -defined 502.1.5Attendant -defined 502.1.6Chapter -defined 502.1.7City -defined 502.1.8Class A Adult Entertainment Parlour -defined 502.1.9Class B Adult Entertainment Parlour -defined 502.1.10Class C Adult Entertainment Parlour -defined 502.1.11Class D Adult Entertainment Parlour-defined 502.1.12Class D services -defined 502.1.13Class E Adult Entertainment Parlour -defined 502.1.14Class E services -defined 502.1.15Council -defined 502.1.16Designated Class E Entertainment Area -defined 502.1.17Late fee -defined 502.1.18Manager of Licensing -defined 502.1.19Operator -defined 502.1.20Original fee -defined 502.1.21Owner -defined 502.1.22Partial nudity -defined 502.1.23Person -defined 502.1.24Prohibited body area -defined 502.2.25Provide(s) -defined KITCHENER502.1SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE 502.1.26Renewal fee -defined 502.1.27Specific acts -defined 502.1.28Specific body areas -defined 502.1.29Supervised area -defined 502.1.30Table dancing -defined 502.1.31Visually restricted area -defined Article 2 GENERAL PROVISION 502.2.1Schedules -set out 502.2.2Application -all businesses -within -outside -City 502.2.3Signs -restrictions -requirements 502.2.4Operation -licence suspended -revoked -prohibited 502.2.5Condition of licence -compliance Article 3 CLASS A AND CLASS B ADULTENTERTAINMENT PARLOURS 502.3.1Operating Class A -without licence -prohibited 502.3.2Operating Class B -without licence -prohibited 502.3.3Books -video -display requirements 502.3.4Class B -location restriction 502.3.5Exception -existing Class B operation 502.3.6Exception -existing Class C, D or E operation Article 4 CLASS C ADULT ENTERTAINMENT PARLOURS 502.4.1Adult goods -visible from outside -prohibited 502.4.2Adultgoods -display requirements 502.4.3Adult goods -more than 1% of floor area -signage requirements 502.4.4Operation -without licence -prohibited 502.4.5Admittance -restriction -minimum eighteen years KITCHENER502.2SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE 502.4.6Age restriction -posted 502.4.7Operation -location -restriction 502.4.8Exception -existing Class C operation Article 5 CLASS D ADULT ENTERTAINMENT PARLOURS 502.5.1Operation -without licence -prohibited 502.5.2Attendant -licence -required 502.5.3Applicant -to supply passport size photos -operator 502.5.4Applicant -to supply passport size photos -attendant 502.5.5Locations -permitted -specific -operator 502.5.6Locations -permitted -specific -attendant 502.5.7Owner -operator -location -responsibility -attendant 502.5.8Reduction -number of licences -expiry -renewal 502.5.9Operator -restricted to one location 502.5.10Available licence -application lottery -conditions 502.5.11Location -substitution -new -conditions 502.5.12Location -substitution -new -suitability report 502.5.13Licensed attendants only -operatorresponsibility 502.5.14Operator retain attendant licence -employment 502.5.15Employment status -attendant -notice requirement 502.5.16Operator -attendant -licence on premises -inspection 502.5.17Locking doors -obstructing entry -prohibited 502.5.18Advertisement -information requirements 502.5.19Services prohibited -set out -operator responsibility 502.5.20Age -minimum requirement for entry -responsibility 502.5.21Hot tub -on premises -prohibited 502.5.22Touching -specified areas -prohibited -responsibility 502.5.23Services -prohibited -set out -responsibility KITCHENER502.3SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE 502.5.24Age -minimum requirement -for entry -responsibility 502.5.25Touching specified areas -prohibited -responsibility Article 6 CLASS E ADULT ENTERTAINMENT PARLOURS 502.6.1Operation -without licence -prohibited 502.6.2Operation -without licence -owner -responsibility 502.6.3Operation -area specific 502.6.4Licence -maximum -two 502.6.5Licence -expiry -revoked -replacement process 502.6.6Permitted location ceases to exist 502.6.7New location -suitability report 502.6.8Class E services -permitted areas 502.6.9Attendant -services -location 502.6.10Operator -restricted -one location 502.6.11Services provided -Class E -owner -operator 502.6.12Services provided -Class D -attendant 502.6.13Physical contact between other attendants -prohibited 502.6.14Attendant -physical contact with person -prohibited 502.6.15Person -physical contact with attendant -prohibited 502.6.16Physical contact -prevention by attendant 502.6.17Physical contact -by attendant -prohibited 502.6.18Physical contact -prevention -by attendant 502.6.19Amateur -unpaid individual -compliance 502.6.20Attendant responsibility 502.6.21Owner -operator -responsibility 502.6.22Signs -posted -physical contact is prohibited 502.6.23Washroom -monitored -signs posted KITCHENER502.4SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE Article 7 APPLICATIONS 502.7.1Application fee -documentation -set out -Chapter 503 502.7.2Application -floor plan requirement 502.7.3Change of information -in writing to City 502.7.4Application -received -investigation 502.7.5Other investigating -as required 502.7.6Licence -expiry -December 31 -current year 502.7.7Transfer -licence -prohibited -location specific 502.7.8Operation -in conformity with all regulations 502.7.9Certificate of conviction -deemed as proof 502.7.10Human Rights Code -compliance 502.7.11Working dog -disabled person -permitted 502.7.12Licence -posted -conspicuous place 502.7.11Enforcement -authority 502.7.12Enforcement -responsibility -Manager of Licensing Article 8 ENFORCEMENT 502.8.1Fine -for contravention -person 502.8.2Fine -for contravention -corporation Article 9 INSPECTION 502.9.1Inspection –City -Agent 502.9.2Inspection –reason -compliance 502.9.3Inspection –powers -production Condition of Licence –premises and property –subject to inspection 502.9.4 502.9.5Inspection –limitation of authority –dwelling units Article 10 VALIDITY KITCHENER502.5SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE 502.10.1Severability Article 11 REPEAL -ENACTMENT 502.11.1By-law -previous SCHEDULE Schedule ‘A’ -Business Licence Procedure Schedule ‘B’ -Fees-New Chapter 503 created specifically for Fees, By-law 2017-090, 28 August 2017. ____________________________ WHEREAS it is deemed expedient to exercise the powers conferred on Council by the Municipal Act, 2001, S.O. 2001, c. 25; AND WHEREAS notice of a public meeting was given by advertisement in a local newspaper on January 11, 2008; AND WHEREAS a public meeting was held on January 28, 2008 to allow any person attending to make representations with respect to this Chapter. Article 1 INTERPRETATION 502.1.1Adult books and videos -defined “adult books and videos” includes any book, magazine, video cassetteor video disc appealing to or designed to appeal to erotic or sexual appetites through the portrayal or depiction on its cover or container by means of photographs, drawings or otherwise of one or more of the specified body areas of any human or humans orone or more of the specified acts whether actual or simulated. 502.1.2Adult entertainment parlour -defined “adult entertainment parlour” means any premises or any part thereof where, in pursuance of a business, (a)goods, entertainment or services thatare designed to appeal to erotic or sexual appetites or inclinations are provided in the premises or part of the premises; or (b)body-rubs, including the kneading, manipulating, rubbing, massaging, touchingor stimulating by any means of a person’s body, are performed, offered or solicited in the premises or part of the premises unless such body-rubs are performed, offered or solicited for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario. KITCHENER502.6SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE 502.1.3Adult goods -defined “adult goods” means any toy or device intended to be used as a physical sexual stimulator and shall include without limitation any vibrator or device ofrubber or other material shaped like a penis or vagina or otherwise and intended for masturbation but shall not include lubricants or contraceptives. 502.1.4Application -defined “application” shall include an application for a licence or renewal of a licence on the form provided by the Manager of Licensing and where permitted by the Manager of Licensing shall also include a verbal request for renewal of a licence. 502.1.5Attendant -defined “attendant” means a person who, in an adult entertainment parlour, provides Class D services or Class E services. 502.1.6Chapter -defined “chapter” shall refer to a by-law of the City which has been incorporated into The City of Kitchener Municipal Code and assigned a chapter number therein unless inconsistent with the context in which the word is used. 502.1.7City -defined “city” means The Corporation of the City of Kitchener. 502.1.8Class A Adult Entertainment Parlour -defined “Class A Adult Entertainment Parlour” means an adult entertainment parlourin which or in part of which adult books and videos are provided and less than 25 percent of the floor area of the licensed premises is used in the provision of adult books and videos. 502.1.9Class B Adult Entertainment Parlour -defined “Class B Adult Entertainment Parlour” means an adult entertainment parlour in which or in part of which adult books and videos are provided and 25 percent or more of the floor area of the licensed premises is used in the provision of Adult books and videos. 502.1.10Class C Adult Entertainment Parlour -defined “Class C Adult Entertainment Parlour” means an adult entertainment parlour where adult goods are provided. 502.1.11Class D Adult Entertainment Parlour -defined “Class D Adult Entertainment Parlour” means an adult entertainment parlour in which any Class D services are provided but shall specifically exclude alternative massage centres licensed by the City. 502.1.12Class D services -defined “Class D services” means any services provided that involve physical contact in the nature of body-rubs, including the kneading, manipulating, rubbing, massaging, touching KITCHENER502.7SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE or stimulating by any means of a person’s body, unless such body-rubs are performed, offered or solicited for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licenced or registered to do so under the laws of the Province of Ontario. 502.1.13Class E Adult Entertainment Parlour -defined “Class E Adult Entertainment Parlour” means an adult entertainment parlour in which Class E services are provided. 502.1.14Class E services -defined “Class E services” means any services of which a principal feature or characteristic is the nudity or partial nudity of any person and shall include services in respect of which the word “nude”, “naked”, “topless” or “bottomless” or any other word, picture, symbol or representation having a like meaning or implication is used in any advertisement and Class E services shall specifically include striptease dancing, table dancing, wet clothing contest, best body parts contest or any other similar performance, exhibition, contest, activity, viewing, encounter, and any video game machine involving similar themes. 502.1.15Council -defined “Council” means the Council of The Corporation of the City of Kitchener. 502.1.16Designated Class E Entertainment Area -defined “Designated Class E Entertainment Area” shall mean an area shown on a floor plan submitted to and approved by the Manager of Licensing showing the part of the Class E Adult Entertainment Parlour in which Class E services may be provided. Approval of the Manager of Licensing shall only be withheld in circumstances where the proposed area would, in the opinion of the Manger of Licensing, facilitate violation of Sections 502.6.20 (b) or 502.6.21 (b) of this Chapter. 502.1.17Late fee –defined “late fee” means the fee payable upon application by an applicant, who in the previous calendar year held a licence respecting the same business at the same location that is noted on the submitted application, where application is not made or the fee therefor is unpaid by March 15th of the current year. 502.1.18Manager of Licensing -defined “Manager of Licensing” means the Manager of Licensing appointed by Council of the City or in his/her absence the Clerk appointed by Council of the City. 502.1.19Operator -defined “operator” includes a person who, alone or with others, operates, manages, runs or controls, and “operate(s)” has a corresponding meaning. 502.1.20Original fee -defined “original fee” means the fee payable upon application by an applicant who has not in the previous calendar year held a licence respecting the same business at the same location KITCHENER502.8SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE that is noted on the submitted application. 502.1.21Owner -defined “owner” includes a person who, alone or with others, has the right to possessor occupy or actually does possess or occupy an adult entertainment parlour and shall specifically include a lessee of an adult entertainment parlour or premises in which an adult entertainment parlour is located. 502.1.22Partial nudity -defined “partial nudity” means less than completely and opaquely covered: (a)human genitals or human pubic region; (b)human buttocks; or (c)female breast below a point immediately above the top of the areola. 502.1.23Person -defined “person” includes a corporationand a partnership and the heirs, executors, administrators and other legal representatives of a person to whom the context can apply according to law. 502.1.24Prohibited body area -defined “prohibited body area” means in the case of a female, the breast, nipples, and areolae; and in the case of all humans, the pubic, genital, perineal and perianal areas and the buttocks. 502.2.25Provide(s) -defined “provide(s)” when used in relation to services, includes to furnish, perform or give such services, and“providing”, “provided” and “provision” when used in relation to services shall include corresponding meanings.“provide(s)” when used in relation to adult goods and when used in relation to adult books and videos, includes to rent, offer to rent, to sell, offer to sell or display by retail or otherwise and “providing”, ‘provided" and “provision” when used in relation to adult goods and when used in relation to adult books and videos shall include corresponding meanings. 502.1.26Renewal fee -defined “Renewal fee” means the fee payable upon application by an applicant, who in the previous calendar year held a licence respecting the same business at the same location that is noted on the submitted application, where application is made and the fee therefor is paid by March 15th of the current year. 502.1.27Specific acts -defined “specified acts” means sexual intercourse, cunnilingus, fellatio, buggery, bestiality, masturbation, urination or defecation, or the bonding, flagellation, mutilation, maimingor murder of one or more human beings. 502.1.28Specific body areas -defined “specified body areas” means in the case of a female, the nipples and areolae that are not KITCHENER502.9SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE covered; and in the case of all humans, the pubic, genital, perineal and perianal areas and the buttocks that are not covered. 502.1.29Supervised area -defined “supervised area” means a part of a Class A or Class B Adult Entertainment Parlour that is clearly labelled or marked as being restricted to persons 18 years of age and over, within clear view from an attended sales desk, the nearest part of which being no more than seven metres (22.96 feet) from the said sales desk, or behind a sales counter to which the public is not admitted, clearly labelled as such. 502.1.30Table dancing -defined “table dancing” shall mean a performance in a Class E Adult Entertainment Parlour that is offered in closer proximity to a particular patron or patrons in exchange for a payment or tip. 502.1.31Visually restricted area -defined “visually restricted area” shall mean any private, semi-private, enclosed, semi-enclosed, walled, semi-walled, fully-fenced, semi-fenced, raised or lowered area where visibility to see into the said area is restricted, obstructed or obscured in full or in part in any manner, including by use of furniture, any type of partition regardless of material, any type of curtain or sheer regardless of material, any type of barrier regardless of material, architectural details, or any device, object or thing situated so as to restrict, obstruct or obscure visibility into the said area, but shall specifically exclude furniture, objects, and structural walls or anythingshown within the designated Class E Entertainment Area on the floor plan approved by the Manager of Licensing and placed in accordance with that floor plan. Article 2 GENERAL PROVISION 502.2.1Schedules -set out The provisions of Schedule ‘A’ and Schedule ‘B’ hereto shall form a portion of this Chapter. 502.2.2Application -all businesses -within -outside -City The provisions of this Chapter apply to any trade, occupation, calling or business described herein that is carried on either wholly or partly within the City even if the business is being carried on from a location outside the City. 502.2.3Signs -restrictions -requirements Every operator of an adult entertainment parlour shall not erect or display or permit to be erected or displayed a sign advertising an adult entertainment parlour which contains any letters, symbols, drawings or any other marks except for the following: (a)the operator’s legal name as shown on his/her licence; (b)the name, if any, under which the operator carries on the adult entertainment parlour business as shown on his/her licence; KITCHENER502.10SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE (c)the operator’s current licence number; (d)the address of the adult entertainment parlour; or (e)the telephone number of the adult entertainment parlour. 502.2.4Operation -licence suspended -revoked -prohibited No person shall act as an attendant or operate or permit to be operated any adult entertainment parlour while a licence to do so issued under this Chapter is suspended or revoked by Council. 502.2.5Condition of licence -compliance No person shall contravene any condition imposed by Council on a licence issued under this Chapter. Article 3 CLASS A AND CLASS B ADULT ENTERTAINMENT PARLOURS 502.3.1Operating Class A -without licence -prohibited No person shall operate a Class A Adult Entertainment Parlour without having made application and having received a licence issued in the name of the Council by the Manager of Licensing or his/her delegate. 502.3.2Operating Class B -without licence -prohibited No person shall operate a Class B Adult Entertainment Parlour without having made application and having received a licence issued in the name of the Council by the Manager of Licensing or his/her delegate. 502.3.3Books -video -display requirements Every operator of a Class A or B Adult Entertainment Parlour shall, if adult books and videos are on display to the public, place the adult books and videos: (a)at a height of 1.67 metres (5.5 feet) or more above floor level and behind an opaque barrier of a size and nature so that the cover or container of every such book or video while on display, except for the name thereof, may not be seen by any member of the public; (b)within a supervised area of the premises, provided that no cover or container of any adult books and video shall be visible to patrons outside of the supervised area; or (c)within an adult entertainment parlour where the entire premises are clearly labelled as being open only to persons 18 years of age and older, provided that no container or cover of any adult books and videos may be visible from outside of such adult entertainment parlour. 502.3.4Class B -location restriction No person shall own or operate a Class B Adult Entertainment Parlour: (a)on a lot which is within 400 metres(1312.3 feet) of any M4 zone in the City; or, (b)within 400 metres (1312.3 feet) of any lot on which is located any adult KITCHENER502.11SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE entertainment parlour other than a Class A Adult Entertainment Parlour under this Chapter. 502.3.5Exception -existing Class B operation Notwithstanding Section 502.3.4 above, an operator of a Class B Adult Entertainment Parlour that was operating legally on the date of the passage of this Chapter, may continue to operate at that premises, so long as he/she continues to operate the Class B Adult Entertainment Parlour in accordance with the law and to hold a valid licence. Such operator must comply with this Chapter in all other respects. 502.3.6Exception -existing Class C, D or E operation Notwithstanding any other Section of this Chapter, an operator holding a valid Class C, D, or E adult entertainment licence, is exempt from the licensing requirements applicable to Class A and Class B Adult Entertainment Parlours and the distance separations applicable to Class B Adult Entertainment Parlours with respect to a Class A or Class B Adult Entertainment Parlour located on premises for which the operator currently holds a Class C, D, or E adult entertainment licence. Such operator must comply with this Chapter in all other respects. Article 4 CLASS C ADULT ENTERTAINMENT PARLOURS 502.4.1Adult goods -visible from outside -prohibited No operator of a Class C Adult Entertainment Parlour shall permit any adult goods to be visible from outside of the premises. 502.4.2Adult Goods -display-requirements The requirements of sections 502.4.4, 502.4.5, 502.4.6, and 502.4.7 shall not apply to a Class C Adult Entertainment Parlour where less than five percent of the floor area of the premises is used in the provision of adult goods and: (a)adult goods are only displayed at a height of 1.67 metres (5.5 feet) or more above floor level; (b)only the product name of the adult goods is visible to patrons and the adult goods and all packaging of such adult goods is kept behind an opaque barrier or screen sufficient to prevent patrons from seeing the product without physically removing it from behind such barrier or screen; or (c)adult goods are kept in a separate room or a separate area behind curtains, dividers, or other such screening device to prevent patrons from seeing the adult goods without entering the area and such area has sufficient signage to ensure that a patron entering the area is aware that adult goods will be visible in the room or area. 502.4.3Adult goods -more than 1% of floor area -signage requirements KITCHENER502.12SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE Where the requirements of section 502.4.2 are met but more than one percent of the floor area of the premises is used in the provision of adult goods, the operator shall ensure that the premises are clearly signed to advise patrons that adult goods are sold on the premises prior to entering to the business. By-law 2017-090, 28 August, 2017. 502.4.4 No person shall operate a Class C Adult Entertainment Parlour without having made application and having received a licence issued in the name of Council by the Manager of Licensing or his/her delegate. 502.4.5 No Class C Adult Entertainment Parlour operator shall permit any person under the age of eighteen years to enter or remain in a Class C Adult Entertainment Parlouror any part thereof. 502.4.6 Every Class C Adult Entertainment Parlour operator shall clearly label the licensed premises as prohibiting entry to persons under the age of eighteen years. 502.4.7 No person shall own or operate a Class C Adult Entertainment Parlour on a lot which is: (a)within 400 metres (1312.3 feet) of any M4 (Heavy Industrial) zone in the City; or (b)within400 metres (1312.3 feet) of any lot on which is located any other adult entertainment parlour other than a Class A Adult Entertainment Parlour. 502.4.8 Notwithstanding section 502.4.7, an operator of a Class C Adult Entertainment Parlour that was operating legally on the date of the passage of this Chapter may continue to operate at that premises, so long as he/she continues to operate the Class C Adult Entertainment Parlour in accordance with the law and to hold a valid licence. Such operator must comply with this Chapter in all other respects.” By-law 2017-090, 28 August 2017. Article 5 CLASS D ADULT ENTERTAINMENT PARLOURS 502.5.1Operation -without licence -prohibited No person shall own or operate a Class D Adult Entertainment Parlourwithout having applied to the City on the prescribed form and having received a licence to operate a Class D Adult Entertainment Parlour issued in the name of Council by the Manager of Licensing or his/her delegate. 502.5.2Attendant -licence -required No person shall act as an attendant in a Class D Adult Entertainment Parlour or provide any Class D services as an attendant without having applied to the City on the prescribed KITCHENER502.13SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE form and having received a licence issued in the name of Council by the Manager of Licensing or his/her delegate. 502.5.3Applicant -to supply passport size photos -operator Every applicant for a licence to operate a Class D Adult Entertainment Parlour shall submit three passport size photographs of his/her face, one of which photographs shall be attached to the licence, two of which shall be filed with the application, and upon application for renewal of any licence, the applicant shall furnish new photographs, if required to do so. The applicant shall certify each photograph asa true photograph of himself/herself. 502.5.4Applicant -to supply passport size photos -attendant Every applicant for a licence to act as an attendant in a Class D Adult Entertainment Parlourshall submit three passport size photographs of his/her face, one of which photographs shall be attached to the licence, two of which shall be filed with the application, and upon application for renewal of any licence, the applicant shall furnish new photographs if required to do so. The applicant shall certify each photograph as a true photograph of himself/herself. 502.5.5Locations -permitted -specific -operator No person shall own, operate, or permit to be operated a Class D Adult Entertainment Parlour in the City except in the locations in the City described as: (a)main floor, 2271 Kingsway Drive; and (b)upper floor, 1412 Victoria Street North. 502.5.6Locations -permitted -specific -attendant No attendant shall perform or provide Class D services in an adult entertainment parlour in the City except in the locations in the City described as: (a)main floor, 2271 Kingsway Drive; and (b)upper floor, 1412 Victoria Street North. 502.5.7Owner -operator -location -responsibility -attendant No owner or operator of an adult entertainment parlour shall permit an attendant to perform Class D services in that adult entertainment parlour except in the locations in the City described as: (a)main floor, 2271 Kingsway Drive; and (b)upper floor, 1412 Victoria Street North. 502.5.8Reduction -number of licences -expiry -renewal The total number of Class D Adult Entertainment Parlour locations in the City shall not exceed two. 502.5.9Operator -restricted to one location No operator shall operatemore than one of the Class D Adult Entertainment Parlour locations. KITCHENER502.14SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE 502.5.10Available licence -application lottery -conditions When an operator’s licence expires without renewal by the licence holder or an operator’s licence is otherwise surrendered or revoked, then upon receipt of an application which otherwise complies with this Chapter, the Manager of Licensing or his/her delegate shall carry out a selection process for a replacement operator as follows: (a)the available operator’s licence shall beadvertised in The Record, inviting the submission of applications within a specified period of time; (b)a draw shall be conducted from all of the submitted applications which otherwise comply with the provisions of this Chapter; and (c)the winner of thedraw shall be granted an operator’s licence for the vacant location, or an alternate location approved by Council that conforms with the criteria set out herein for consideration of a new location. 502.5.11Location -substitution -new -conditions Council may consider a request to substitute a new location for an existing Class D Adult Entertainment Parlour provided that any requested new location shall conform to the following: (a)the Class D Adult Entertainment Parlourshall be located on lands zoned C6; (b)the lands on which the Class D Adult Entertainment Parlour is located shall not be within 100 metres (328 feet) of the lands of an existing school, including an institutional daycare facility; (c)the lands on whichthe Class D Adult Entertainment Parlour is located shall not be within 100 metres (328 feet) of the lands of an existing religious institution; (d)the lands upon which the Class D Adult Entertainment Parlour is located shall not face any part of the lands of any existing residence across the street; (e)the side property line of the lands upon which the Class D Adult Entertainment Parlour is located shall not abut the lands of any existing residence; (f)the Class D Adult Entertainment Parlour shall not have a total floor space greater than 125 square metres (1346 square feet); (g)the lands upon which the Class D Adult Entertainment Parlour is located shall not include an existing residence; and, (h)the lands upon which the Class D Adult Entertainment Parlour is located shall not be within 400 metres (1312.3 feet) of any M4 Zone or of any lands upon which is located any other adult entertainment parlour, other than a Class A Adult Entertainment Parlour licensed hereunder. 502.5.12Location -substitution-new -suitability report Before Council decides to approve or reject a request to substitute a new location for an existing location, the Manager of Licensing or his/her delegate shall provide a report on the suitability of the new location having regard to: (a)the compliance of such a request with all the provisions of this Chapter; and (b)any existing uses, in addition to the uses in Section 502.5.11 within 100 metres (328 feet) of the new location. 502.5.13Licensed attendants only -operator responsibility Every operator of a Class D Adult Entertainment Parlour shall not employ any person KITCHENER502.15SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE other than an attendant licensed under the provisions of this Chapter to act as an attendant in a Class D Adult Entertainment Parlour. 502.5.14Operator retain attendant licence -employment Every operator of a Class D Adult Entertainment Parlour shall, during the term of employment of any attendant, retain such attendant’s licence in his/her possession. 502.5.15Employment status -attendant -notice requirement Every operator of a Class D Adult Entertainment Parlour shall whenever he/she employs an attendant, within forty-eight hours thereafter, notify the Manager of Licensing or his/her delegate that he/she has employed such attendant, and when any attendant leaves the employ of such operator, the operator shall within forty-eight hours thereafter, notify the Manager of Licensing or his/her delegate to such effect, giving reasons therefor. 502.5.16Operator -attendant -licence on premises -inspection Every operator of a Class D Adult Entertainment Parlour shall keep his/her operator’s licence and each attendant’s licence in his/her possession on the premises of the Class D Adult Entertainment Parlour and available for inspection by the Licence Inspector, By-law or Municipal Law Enforcement Officer, or the Waterloo Regional Police Services at any reasonable time. 502.5.17Locking doors -obstructing entry -prohibited Every operator of a Class D Adult Entertainment Parlour shall ensure that there are no locks on the door of any room where an attendant provides services and that there is unencumbered access to and egress from such a room at all times. 502.5.18Advertisement -information requirements Every operator of a Class D Adult Entertainment Parlour shallinclude or have included in every advertisement of his/her business: (a)the operator’s legal name as shown on his/her licence or the name, if any, under which the operator carries on the Class D Adult Entertainment Parlour business as shown on his/her licence; and (b)the operator’s current licence number. 502.5.19Services prohibited -set out -operator responsibility No owner or operator of a Class D Adult Entertainment Parlour shall permit any attendant to provide Class E services at the Class D Adult Entertainment Parlour. 502.5.20Age -minimum requirement for entry -responsibility No owner or operator of a Class D Adult Entertainment Parlour shall permit any person under the age of eighteen years to enter or remain in the Class D Adult Entertainment Parlour or any part thereof. 502.5.21Hot tub -on premises -prohibited No owner or operator of a Class D Adult Entertainment Parlour shall permit a hot tub on the premises of his/her adult entertainment parlour. KITCHENER502.16SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE 502.5.22Touching-specified areas -prohibited -responsibility No owner or operator of a Class D Adult Entertainment Parlour shall permit any person within the adult entertainment parlour to touch the genitalia or the perineal, pubic, or anal area of another person within the Class D Adult Entertainment Parlour. 502.5.23Services -prohibited -set out -responsibility No attendant at a Class D Adult Entertainment Parlour shall provide Class E services at a Class D Adult Entertainment Parlour. 502.5.24Age -minimum requirement -for entry -responsibility No attendant at a Class D Adult Entertainment Parlour shall permit any person under the age of 18 years to enter or remain in the Class D Adult Entertainment Parlour or any part thereof. 502.5.25Touching specified areas -prohibited -responsibility No attendant at a Class D Adult Entertainment Parlour shall touch the genitalia or the perineal, pubic or anal area of any person in the adult entertainment parlour and shall not permit any person in the Class D Adult Entertainment Parlour to touch the attendant’s genitalia, perineal, pubic or anal area. Article 6 CLASS E ADULT ENTERTAINMENT PARLOURS 502.6.1Operation -without licence -prohibited No person shall own or operate a Class E Adult Entertainment Parlour in the City without having made application and received a Class E Adult Entertainment Parlour licence issued in the name of Council by the Manager of Licensing or his/her delegate. 502.6.2Operation -without licence -owner -responsibility No person shall own, operate or permit to be operated a place where attendants provide Class E services in the City, without having made application and received a licence to operate a Class E Adult Entertainment Parlour issued in the name of Council by the Manager of Licensing or his/her delegate. 502.6.3Operation -area specific No person shall own, operate, or permit to be operated a Class E Adult Entertainment Parlour except in the areas of the City described as: (a)1271 Victoria Street North, Lots 5 to 7 both inclusive, Plan 769; and (b)6 Bridge Street West, Lot 6, Plan 577 and Part of Lot 59, German Company Tract. 502.6.4Licence -maximum -two The total number of Adult Entertainment Parlour -Class E licences in the City of Kitchener which may be issued under and in accordance with this Chapter shall hereby be limited to two. KITCHENER502.17SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE 502.6.5Licence -expiry -revoked -replacement process When an operator’s licence expires without renewal by the licence holder or an operator’s licence is otherwise surrendered or revoked, then upon receipt of an application which otherwise complies with this Chapter, the Manager of Licensing or his/her delegate shall carry out a selection process for a replacement operator as follows: (a)the available operator’s licence shall be advertised in The Record, inviting the submission of applications within a specified period of time; (b)a draw shall be conducted from all of the submitted applications which otherwise comply with the provisions of this Chapter; and (c)the winner of the draw shall be granted an operator’s licence for the vacant location, or an alternate location approved by Council that conforms with the criteria set out herein for consideration of a new location. 502.6.6Permitted location ceases to exist In the event that either of the permitted locations ceased to exist, one Adult Entertainment Parlour -Class E will be permitted in a B-4 (Commercial Business Park Zone), provided the new location is approved by Council and shall also conform to the following: (a)the Class E Adult Entertainment Parlour shall be located on lands zoned B4; (b)the lands on which the Class E Adult Entertainment Parlour shall not be within 100 metres (328 feet) of the lands of an existing school, including an institutional daycare facility; (c)the lands on which the Class E Adult Entertainment Parlour is located shall not be within 100 metres (328 feet) of the lands of an existing religious institution; (d)the lands upon which the Class E Adult Entertainment Parlour is located shall not face any part of the lands of any existing residence across the street; (e)the side property line of the lands upon which the Class E Adult Entertainment Parlour is located shall not abut the lands of any existing residence; (f)the lands upon which the Class E Adult Entertainment Parlour is located shall not include an existing residence; and, (g)the lands upon which the Class E Adult Entertainment Parlour is located shall not be within 400 metres (1312.3 feet) of any M4 Zone or of any lands upon which is located any other adult entertainment parlour, other than a Class A Adult Entertainment Parlour licensed hereunder. 502.6.7New location -suitability report Before Council decides to approve or reject a request to substitute a new location for an existing location, the Manager of Licensing or his/her delegate shall provide a report on the suitability of the new location having regard to: (a)the compliance of such a request with all the provisions of this Chapter; and (b)any existing uses, in addition to the uses in Section 502.6.6 within 100 metres (328 feet) of the new location. 502.6.8Class E services -permitted areas No owner or operator of an adult entertainment parlour shall permit an attendant to perform Class E services at the adult entertainment parlour except in the area of the City KITCHENER502.18SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE described as: (a)1271 Victoria Street North, Lots 5 to 7 both inclusive, Plan 769; (b)6 Bridge Street West, Lot 6, Plan 577 and Part of Lot 59, German Company Tract. 502.6.9Attendant -services -location No attendant shall perform or provide Class E services in an adult entertainment parlour except in the areas of the City described as: (a)1271 Victoria Street North, Lots 5 to 7 inclusive, Plan 769; (b)6 Bridge Street West, Lot 6, Plan 577 and Part of Lot 59, German Company Tract. 502.6.10Operator restricted -one location No operator shall operate more than one Class E Adult Entertainment Parlour. 502.6.11Services provided -Class E -owner -operator No owner or operator of a Class E Adult Entertainment Parlour shall permit any attendant to provide Class D services in the Class E Adult Entertainment Parlour. 502.6.12Services provided -Class D -attendant No attendant shall provide Class D services in any Class E Adult Entertainment Parlour. 502.6.13Physical contact between other attendants -prohibited No owner or operator of a Class E Adult Entertainment Parlour shall permit any attendant to physically contact any other attendant: (a)in any prohibited body area; or (b)in any manner other than ordinary and non-erotic physical contact as may be found in any business setting. 502.6.14Attendant -physical contact with person -prohibited No owner or operator of a Class E Adult Entertainment Parlour shall permit any attendant to physically contact any person within the adult entertainment parlour: (a)in any prohibited body area; or (b)in any manner other than ordinary and non-erotic physical contact as may be found in any business setting. 502.6.15Person -physical contact with attendant -prohibited No owner or operator of a Class E Adult Entertainment Parlour shall permit any person to physically contact an attendant within the adult entertainment parlour: (a)in any prohibited body area; or (b)in any manner other than ordinary and non-erotic physical contact as may be found in any business setting. 502.6.16Physical contact -prevention by attendant No attendant at a Class E Adult Entertainment Parlour shall permit himself or herself to be physically contacted by any other attendant within the adult entertainment parlour: (a)in any prohibited body area; or (b)in any manner other than ordinary and non-erotic physical contact as may be KITCHENER502.19SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE found in any business setting. 502.6.17Physical contact -by attendant -prohibited No attendant at a Class E Adult Entertainment Parlour shall physically contact any person within the adult entertainment parlour: (a)in any prohibited body area, or (b)in any manner other than ordinary and non-erotic physical contact as may be found in any business setting. 502.6.18Physical contact -prevention -by attendant No attendant at a Class E Adult Entertainment Parlour shall permit himself or herself to be physically contacted by any person within the adult entertainment parlour: (a)in any prohibited body area; or (b)in any manner other than ordinary and non-erotic physical contact as may be found in any business setting. 502.6.19Amateur -unpaid individual -compliance Every owner or operator of a Class E Adult Entertainment Parlour that permits an amateur or unpaid individual to perform or provide Class E services at the adult entertainment parlour, whether as a participant in a contest or otherwise, shall ensure that the individual abides by the rules of this Chapter applicable to Class Eattendants. 502.6.20Attendant responsibility An attendant providing or performing Class E services while in a Class E Adult Entertainment Parlour: (a)shall ensure that he/she provides or performs all Class E services in a designated Class E Entertainment Area; and (b)shall not provide or perform services in any private or enclosed area, area to which access is not available to all patrons equally, area where lighting is reduced so that visibility is obstructed, or any visually restricted area. 502.6.21Owner -operator -responsibility Every owner and every operator of a Class E Adult Entertainment Parlour shall ensure that an attendant providing or performing Class E services within the Class E Adult Entertainment Parlour: (a)does so only while in a Designated Class E Entertainment Area; and (b)does not provide or perform services in any private or enclosed area, area to which access is not available to all patrons equally, area where lighting is reduced so that visibility is obstructed, or any visually restricted area. 502.6.22Signs -posted -physical contact is prohibited Every owner and every operator of a Class E Adult Entertainment Parlour shall post notices in the attendants’ dressing rooms and at all public entrances and in the washrooms which includes the words “physical contact is prohibited.” 502.6.23Washroom -monitored -signs posted KITCHENER502.20SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE Every owner and every operator of a Class E Adult Entertainment Parlour shall: (a)ensure that washrooms are regularly monitored by security staff and that washrooms are inspected at least once every 30 minutes during business hours; and, (b)post outside the entrance of each of the washrooms and within each of the washrooms, in a location easily visible to patrons, a sign stating “Washrooms regularly monitored by security staff. Illegal activities will result in prosecution to the fullest extent of the law.” Article 7 APPLICATIONS 502.7.1 Every application hereunder shall be accompanied any documentation or forms required by the Manager of Licensing and by the applicable licence fee set out in Chapter 503 of The City of Kitchener Municipal Code.” 502.7.2Application -floor plan requirement Every application for a Class E Adult Entertainment Parlour licence shall include a floor plan which shows all areas in which Class E services are intended to be provided. Such floor plan shall show all items, materials, pillars, objects, and furniture exceeding 0.91 metres (36 inches) in height. 502.7.3Change of information -in writing to City Every person shall advise the City’s licensing office in writing forthwith, and in advance where possible, of any change to information already provided to the City on the application. 502.7.4Application -received -investigation Upon receipt of an application, the Manager of Licensing shall make or cause to be made all investigations which he/she deems necessary or which are required by Council relative to the application. By-law 2008-034, 11 February, 2008. 502.7.5Other investigating -as required The Manager of Licensing may require the applicant to have investigations conducted by, to obtain documentation from and provide to the Manager of Licensing, or have documentation provided by any of the following or their designates: the Chief Fire Prevention Officer, Chief Building Official, Manager, Development Review, Regional Medical Officer of Health, Director of Enforcement, Electrical Safety Authority, the applicant’s local Police Services Board and the Waterloo Regional Police Services. By-law 2008-034, 11 February 2008; By-law 2011-047, 28 March, 2011. 502.7.6Licence -expiry -December 31 -current year Every licence issued under this Chapter shall be for the calendar year current at the time it is issued and shall expire on the 31st day of the December immediately following the KITCHENER502.21SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE date of such licence unless the licence is revoked or surrendered at an earlier time or Council specifies an earlier expiry date. 502.7.7Transfer -licence -prohibited -location specific Every licence issued hereunder isissued on the condition that it is personal and that it applies only with respect to the specified location and no person shall assign or transfer the licence. 502.7.8Operation -in conformity with all regulations Every holder of a license issued hereunder shall ensure that the business or operation licensed by the City shall be conducted in conformity with the provisions of any applicable federal or provincial Act, and any regulation made thereunder, and any by-law of the City purporting to govern or regulate the said operation. 502.7.9Certificate of conviction -deemed as proof For the purposes of this Chapter, a certificate, setting out with reasonable particularity, the finding of guilt or conviction in Canada of a person, signed by the person who made the adjudication or the clerk of the court where the adjudication was made is admissible in evidence and is proof, in the absence of evidence to the contrary, of the facts stated therein without proof of the signature or the official character of the person appearing to have signed the certificate. 502.7.10Human Rights Code -compliance No holder of a license issued hereunder shall permit, infringe or do, directly or indirectly, anything that infringes a right set out in the Human Rights Code, in relation to or during the carrying on of the trade, calling, business or occupation in respect of which the licence is issued. 502.7.11Working dog -disabled person -permitted No holder of a licence issued shall refuse to permit a dog that has beentrained at an accredited facility, while being used as a working dog to assist a disabled person, to enter and remain on his/her premises during the carrying on of the trade, calling, business or occupation in respect of which the licence is issued. 502.7.12Licence -posted -conspicuous place Every person holding a licence issued hereunder, where the licence applies to premises, shall keep his/her licence posted in a conspicuous place in the licensed premises and shall ensure that the said licence remains so posted during the time it is in force. 502.7.13Enforcement -authority Council hereby authorizes the Waterloo Regional Police Services or any officer thereof to act as agent for the City for the purpose of enforcing this Chapter. 502.7.14Enforcement -responsibility -Manager of Licensing The Manager of Licensing is hereby charged with the responsibility for the enforcement of this Chapter and the City Solicitor, Clerk, Director of Enforcement and any other municipal KITCHENER502.22SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE official are hereby required to render the Manager of Licensing any reasonable assistance in that regard. Article 8 ENFORCEMENT 502.8.1Fine -for contravention -person Every person, other than a corporation, who contravenes the Chapter, and every director or officer of a corporation who concurs in the contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding Twenty Five Thousand Dollars ($25,000) or to imprisonment for a term not exceeding one year, or both. 502.8.2Fine-for contravention -corporation Every corporation that contravenes this Chapter is guilty of an offence and on conviction is liable to a fine not exceeding Fifty Thousand Dollars ($50,000). Article 9 INSPECTION 502.9.1Inspection –City -Agent The City including any agent or representative thereof and any officer of the Waterloo Regional Police Services, may conduct an inspection of any premises to determine compliance with this Chapter, at any reasonable time including without limitation all times when services are or appear to be offered or performed therein and at any time when the premises are or appear to be open to patrons. With respect to a Class D or Class E Adult Entertainment Parlour, such inspections may be performed at any time of the day or night. 502.9.2Inspection –reason -compliance An inspection may be conducted to determine whether or not any of the following are being complied with: (a) any by-law passed under the Municipal Act, 2001, including this Chapter; (b) adirection or order of the City made under the Municipal Act, 2001 or made under a by-law of the municipality passed under the Municipal Act, 2001; (c) a condition of a licence issued under a by-law of the municipality passed under the Municipal Act, 2001; and (d) an order made under section 431 of the Municipal Act, 2001. 508.9.3Inspection –powers -production For the purposes of an inspection the City including any agent or representative thereof and any officer of the Waterloo Regional Police Services may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; KITCHENER502.23SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE (c) requireinformation from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 508.9.4Condition of Licence –premises and property –subject to inspection Every licence issued hereunder is issued subject to the condition that every place or premises used for the business and the equipment, vehicles and other personal property used or kept for hire in the carrying out of the business shall be liable to be inspected at any reasonable time, and in the case of Class D and Class E Adult Entertainment Parlours at any time of the day or night, by the following: (a)the Waterloo Regional Chief of Police or any officer of the Waterloo Regional Police Services; (b)any by-law enforcement officer or municipal law enforcement officer of the City; (c)any licence inspector of the City; (d)any fire prevention officer of the City; (e)the City’s Director ofBuilding or delegate; (f)the City’s Director of Enforcement or delegate; and (g)any person or inspector duly authorized on their behalf or otherwise authorized by Council, and no person shall refuse admission to such officer or person, after a demand to inspect has been made. 508.9.5Inspection –limitation of authority –dwelling units Notwithstanding any other provision of this Chapter, inspections of space being used as a dwelling unit shall be conducted in accordance with the provisions of the Municipal Act, 2001. Article 10 VALIDITY 502.10.1Severability It is hereby declared that each and every of the foregoing sections of this Chapter is severable and that, if any provisions of this Chapter should for any reason be declared invalid by any Court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. Article 11 REPEAL -ENACTMENT 502.11.1By-law -previous By-law 2004-271, By-law 2006-64, By-law 2006-228, By-law 2007-28 and the contents of Chapter 502 of The City of Kitchener Municipal Code are hereby repealed. By-law 2008-034, 11 February, 2008; By-law 2017-090, 28 August, 2017. KITCHENER502.24SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE Schedule “B” Fees deleted from Chapter 502 by By-law 2017-090, and new Chapter 503 created for FeesunderBy-law 2017-091, 28 August 2017. SCHEDULE Schedule ‘A’ -Business Licence Procedure 1.Upon receipt of a complete licenceapplication the Manager of Licensing shall either issue or renew a licence hereunder or shall refer the matter to Council or a Committee of Council where appropriate under the provisions of this Chapter or any other Chapter of Council. 2.Save as otherwise provided herein, every licence issued or renewed pursuant to this Chapter shall be issued in the name of Council by the Manager of Licensing. 3.The Manager of Licensing shall not process an application where that application is incomplete. An applicationwill be deemed incomplete where: (a)required information has not been provided on the application form; (b)information or documentation required by the Manager of Licensing as part of the application process has not been provided; (c)the prescribed licence fee is unpaid; (d)the Manager of Licensing has received an unsatisfactory report regarding an investigation carried out pursuant to this Chapter of The City of Kitchener Municipal Code or any other by-law of the City and the conditions causing the report to be unsatisfactory have not been remedied; or (e)in the case of a Class E adult entertainment establishment, the Manager of Licensing has not received a floor plan showing a satisfactory area in the Class E adult entertainment establishment where Class E services will be provided. 4.Where the Manager of Licensing receives an incomplete application, the Manager of Licensing shall, where an address or other contact information has been provided, notify the applicant that the application is incomplete and of the steps required to complete the application. 5.Where the Manager of Licensing decides an application is incomplete, the applicant shall have the right to appeal that decision to Council or a Committee of Council. 6.If the Manager of Licensing is unable to determine whether an application is incomplete, he/she may refer the matter to Council or a Committee of Council for consideration. 7.The Manager of Licensing shall refer an application or a licence to Council or a Committee of Councilwhere: KITCHENER502.25SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE (a)the applicant or licensee does not meet the requirements of this Chapter or any other applicable law or by-law; (b)there are reasonable grounds for belief that an application or other document provided to the Manager of Licensing by or on behalf of an applicant or licensee contains a false statement or provides false information; (c)the past or present conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity; (d)without limiting the generality of Section 7 (c), any person, including the officers, directors, employees or agents of a corporation, has contravened this Chapter or any other by-law or federal or provincial statute or regulation while engaged in or conducting the business; (e)any special conditions placed on a former or current licence of the applicant or licensee under this Chapter have not been met; or (f)the provisions of this Chapter provide grounds not to issue or renew in the circumstances. 8.When any matter has been referred or appealed to Council or a Committee of Council, the applicant or licensee shall be given reasonable notice ofthe time and place of the hearing and shall be invited to make submissions. 9.When any matter has been referred or appealed to Council or a Committee of Council, after due consideration of the application or licence and after Council or a Committee of Council has heard such representations as the applicant or licensee and staff may care to make, Council may direct that the license be issued or renewed, or may refuse, suspend, revoke or add conditions to a licence where: (a)theapplicant or licensee does not meet the requirements of this Chapter or any other applicable law or by-law; (b)information or documentation required by the Manager of Licensing as part of the application process has not been provided; (c)the applicationis incomplete or the prescribed licence fee is unpaid; (d)the Manager of Licensing receives an unfavourable report regarding an investigation carried out pursuant to Chapter 500 of The City of Kitchener Municipal Code or any other by-law of the City; (e)there are reasonable grounds for belief that an application or other document provided to the Manager of Licensing by or on behalf of an applicant or licensee contains a false statement or provides false information; (f)the past or present conduct of anyperson, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity; (g)without limitingthe generality of Section 9 (f), any person, including the officers, directors, employees or agents of a corporation, has contravened this Chapter or any other by-law or federal or provincial statute or regulation while engaged KITCHENER502.26SEPTEMBER 2017 ADULT ENTERTAINMENT PARLOURS-LICENCE in or conducting the business; (h)any special conditions placed on a former or current licence of the applicant or licensee under this Chapter have not been met; (i)the provisions of this Chapter provide grounds not to issue or renew in the circumstances; or (j)the applicant or licensee has consented to the refusal, suspension, revocation or adding of conditions to the licence. 10.Where a licensee is convicted of an offence under any federal or provincial act, any regulation made thereunder, or any by-law of the City in relationto or during the carrying on of the trade, calling, business or occupation licensed hereunder, the licence may be suspended forthwith by Council until such time as the matter can be heard and finally determined by Council. By-law 2008-34, 11 February, 2008; Schedule ‘A’. KITCHENER502.27SEPTEMBER 2017