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HomeMy WebLinkAboutCOR-20-001 - Request to Add Conditions - Li's Best Enjoy Health Care CentreREPORT TO: Committeeof the Whole DATE OF MEETING:January 27, 2020 SUBMITTED BY: Christine Tarling,Director, Legislated Services & City Clerk,519-741- 2200 ext. 7809 PREPARED BY:Helen Fylactou,Manager, Licensing,519-741-2200 ext. 7854 WARD (S) INVOLVED:Ward 2 DATE OF REPORT:January 20, 2020 REPORT NO.: COR-20-001 SUBJECT: Request to Add Conditions to a Business Licence – Li’s Best Enjoy Health Care Centre – 2922 King Street East ___________________________________________________________________________ RECOMMENDATION: That the business licence for Li’s Best Enjoy Health Care Centre be approved with the following conditions: a)That the owner ensures the Business is not operating outside the permitted hours; b)That the Business does not receive any further Provincial Offence Notices; and, c)That the owner complies with all City of Kitchener By-laws. BACKGROUND: Li’s Best Enjoy Health Care Centre (the Business) is an alternative massage parlour that is licensed under Chapter 508 and is locatedat 2922 King Street East. The Business has been in operation since 2013 and obtained properlicensing in 2018as an Alternative Massage Centre that offers Chinese massage, reflexology, cupping, and acupuncture. REPORT: As a requirement of the Alternative Massage Centres By-law, the operator of the business must ensure the business is not open to patrons or the public, that patrons or the public cannot enter the alternative massage centre, and that no alternative massage or other services are provided, available, or offered in the alternative massage centre unless it is between the hours of 9:00 a.m. and 8:00 p.m. Upon inspection, the Business has been in violation of theBy-law requirements and several Provincial Offence Notices (PONs) have been issued. Since the Business obtained its licence in 2018, three PONshave been issuedfor operating outside of the permitted hours. E ach time, a Municipal Law Enforcement Officer(s) attends the premises in an unmarked SUV and in plain clothes. They are able to ring the bell for service and a massage attendant opens the door, invites them in and offers them a variety of services. The Manager of Licensing has received complaints and concerns about the business operating outside of permitted hours. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 2 - 1 Despite several visits from By-law Enforcement and discussions with the Manager of Licensing, there has been no effort by the owner to mitigate any of the concerns. Through By-law Enforcement staff, Licensing Services havebeen advised of all the infractions against the Business and is working with By-law Enforcement to ensure compliance is being met by the Business. The Business continues to be in violation of the City of Kitchener’s Alternative Massage Centre By-law and has been charged at every visit. In order to protect the public interest as it relates to consumer protection and nuisance control, staff recommends adding the aforementioned conditions to the business licence for Li’s Best Enjoy Health Care for the next year. If the Business does not comply with any of the conditions placed on the licence, the Manager of Licensing may refer the application or licence back to Council or Committee to refuse, revoke, or suspend the licence, or to imposefurther conditions on the licence. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: The cost of a 2020 Alternative Massage Centre renewal is $148.00. COMMUNITY ENGAGEMENT: The Manager of Licensing has spoken to the owner of Li’s Best Enjoy Health Care Centre on several occasions, and has informed them that staff are recommending that conditions be place on their 2020 licence. INFORM – The report has been posted to the City’s website with the agenda in advance of the council/committee meeting. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate ServicesDepartment 2 - 2