HomeMy WebLinkAboutChapter 508 - Alternative Massage Centres LICENCE
Chapter 508
ALTERNATIVE MASSAGE CENTRES
Article 1
INTERPRETATION
508.1.1 Alternative massage-defined
508.1.2 Alternative massage centre-defined
508.1.3 Attendant-defined
508.1.4 Complementary health care organization-defined
508.1.5 Complementary health care organization-defined
508.1.6 Complementary health care provider-defined
508.1.7 Formal course of education and training-defined
508.1.8 Licence-defined
508.1.9 Licensee-defined
508.1.10 Lingerie-defined
508.1.11 Municipal Act,2001 -defined
508.1.12 Officer-defined
508.1.13 Operator-defined
508.1.14 Services-erotic-sexual-defined
Article 2
GENERAL PROVISIONS
508.2.1 General provisions-Chapter 500
508.2.2 Fees-Chapter 501
508.2.3 Schedule`A' -Business licence procedure
508.2.4 Applicable-all ocations-within-outside-City
508.2.5 Operations-without licence-prohibited
KITCHENER 508.1 FEBRUARY 2010
ALTERNATIVE MASSAGE CENTRES
508.2.6 Licence fee-not required
508.2.7 Attendants-operator-licensee compliance
508.2.8 Accredited school-licence fee exemption
508.2.9 Licence fee required-conditions
508.2.10 Operation at adult entertainment parlour-prohibited
508.2.11 Advertising-licence number included
508.2.12 Location accessible during operation-doors unlocked
508.2.13 Rooms-where service provided-no locks
508.2.14 Individual application-information requirements
508.2.15 Corporation-application-information requirements
508.2.16 Notice requirement-change of information
508.2.17 Charges-for services-as listed only
508.2.18 List of services-fees-posted conspicuous
508.2.19 Individual manager-supervisor-present at all times
508.2.20 Corporation-manager-supervisor present at all times
508.2.21 Services-provided-hours of operation
508.2.22 Services on other attendants-prohibited
508.2.23 Services on other attendants-exception
508.2.24 Attendant-clothing requirement-responsibility
508.2.25 Attendant-nude-other visible-prohibited
508.2.26 Genital-anal areas-covered-operation responsibility
508.2.27 Genital-anal areas-not covered-service prohibited
508.2.28 Touching-private areas-prohibited-responsibility
508.2.29 Touch-private areas-by attendant prohibited
508.2.30 Sexual materials-prohibited-operator responsibility
508.2.31 Valid licence posted-conspicuous-responsibility
508.2.32 Licence-location specific
508.2.33 Condition on licence-violation-prohibited
FEBRUARY 2010 508.2 KITCHENER
ALTERNATIVE MASSAGE CENTRES
508.2.34 Operation-while suspended-revoked-prohibited
Article 3
ENFORCEMENT
508.3.1 Fine-for contravention
508.3.2 Fines-exclusive of costs
508.3.3 Inspection-power of entry at any time
508.3.4 Inspection-purpose
508.3.5 Inspection documents-interview-testing
508.3.6 Enforcement-authorization
Article 4
VALIDITY
508.4.1 Severability
Article 5
REPEAL-ENFORCEMENT
508.5.1 By-law-previous
508.5.2 Effective date
SCHEDULE
Schedule`A' -Application Process-Definitions
WHEREAS it is deemed expedient to exercise the powers conferred on
Council by the Municipal Pict, 2001, S.O.2001,c. 25;
AND WHEREAS Council has determined that those holding themselves
out as complementary health care providers should have a minimum level
of educational and training qualifications to protect consumers purchas-
ing their services;
AND WHEREAS Council has determined that consumers should be pro-
tected from unknowingly entering a Class D Adult Entertainment Parlour
as set out in Chapter 502 of the City of Kitchener Municipal Code or a
KITCHENER 508.3 FEBRUARY 2010
508.1.1 ALTERNATIVE MASSAGE CENTRES 508.1.2
common bawdy house as defined in the Criminal Code R.S. 1985,c.C-85
when seeking alternative massage;
AND WHEREAS Council has determined that certain restrictions on be-
haviour of both consumers and attendants reduces transmission of disease
that would have an adverse effect on the health of both consumers and
attendants;
AND WHEREAS Council has determined that the ability to ensure opera-
tors of alternative massage centres meet certain minimum standards with
respect to fire and building safety protects consumers and attendants and
contributes to their safety;
AND WHEREAS Council has determined that licensing owners of alter-
native massage centres that are not provincially regulated protects con-
sumers, as there is a record of licence holders and the ability to require
legal and honest operation of such businesses and to hold the licensees re-
sponsible when the business is not conducted in accordance with the law
or with integrity;
AND WHEREAS Council has determined that the ability to add condi-
tions to,suspend,revoke,or refuse licences encourages licensees and op-
erators of alternative massage centres to comply with the by-law
requirements.
Article I
INTERPRETATION
508.1.1 Alternative massage-defined
"alternative massage"includes the kneading,manipulating,rubbing,mas-
saging, touching, or stimulating by any means, of a person's body or part
thereof but does not include services designed to appeal to erotic or sexual
appetites or inclinations and does not include medical or therapeutic treat-
ment performed or offered by persons otherwise duly qualified,licensed,or
registered to do so under the laws of the Province of Ontario.
508.1.2 Alternative massage centre- defined
"alternative massage centre"means any premises or part thereof in which al-
ternative massage is provided for hire or gain or respecting which a licence
has been granted. However, in the case of a publicly or privately funded
post-secondary institution licensed pursuant to this Chapter,an"alternative
massage centre"shall mean theportion ofthepremises identified pursuant to
Sections 508.2.14 and 508.2.15 during the class times specified thereon pro-
vided alternative massage is not provided or offered outside of the specified
hours or location or provided to patrons for hire or gain.
FEBRUARY 2010 508.4 KITCHENER
508.1.3 ALTERNATIVE MASSAGE CENTRES 508.1.6
508.1.3 Attendant-defined
"attendant"means an individual who provides or offers to provide altema-
tive massage or other services in an alternative massage centre and shall in-
clude any person who works in an alternative massage centre when it is open
to patrons or the public,when patrons or the public can enter,or when alter-
native massage or other services are provided, available, or offered in the
alternative massage centre.
508.1.4 Complementary health care organization-defined
"complementary health care centre"means an alternative massage centre in
which all of the attendants providing alternative massage are complemen-
tary health care providers.
508.1.5 Complementary health care organization-defined
"complementary health care organization"means an association,organiza-
tion,or institution that:has at least 35 members who pay dues to it;has been
in existence for two or more years prior to the date of application by the per-
son seeking to be licensed as a complementary health care centre; and has
been demonstrated to be established for the purpose and with the continuing
intent of ensuring the safe and proper provision of one or more kinds of
alternative massage through:
(a) the admission to membership of persons qualified to provide
such alternative massage;
(b) the promulgation and enforcement of a code of ethics respect-
ing the provision of such alternative massage;
(c) maintaining,providing,and recognizing measurable standards
for practices and procedures in the provision of such alternative
massage;
(d) the communication of information relating to such alternative
massage;and
(e) involvement in ongoing research,development,and education
relating to the safe and proper provision of such alternative
massage.
508.1.6 Complementary health care provider-defined
"complementary health care provider"means a person who:
(a) has successfully completed one or more formal courses of edu-
cation and training in the provision of a particular type of com-
plementary health care;
(b) is a member in good standing of a complementary health care
organization at the time of application and remains a member in
KITCHENER 508.5 FEBRUARY 2010
508.1.7 ALTERNATIVE MASSAGE CENTRES 508.1.12
good standing for the period for which the licence is in force;
and
(c) has demonstrated acceptance and practice of the procedures,
practices,and ethics of the complementary health care organi-
zation of which the individual is a member.
508.1.7 Formal course of education and training-defined
"formal course of education and training" means any course involving
teaching,demonstration,or supervised practice,offered or recognized by a
complementary health care organization as qualifying the individual,in ac-
cordance with the procedures,practices,and ethics of such organization,to
provide safe and proper alternative massage of the kind which is the subject
matter of the area of interest and jurisdiction of the organization and of the
course.
508.1.8 Licence-defined
"licence"when used in the provisions of Chapter 500,Chapter 501,and this
Chapter for the purposes of this Chapter only shall mean a licence to operate
an alternative massage centre or a complementary health care centre,issued
by the Manager of Licensing pursuant to this Chapter.
508.1.9 Licensee-defined
"licensee"shall mean the individual or business to which a licence has been
issued.
508.1.10 Lingerie- defined
"lingerie"shall include but not be limited to:
(a) any bra,underwear,or teddy;
(b) any garment that an officer reasonably believes to have a sexual
connotation such that it would be inappropriate attire for em-
ployees in a health care setting such as a registered massage
therapist's office,a doctor's office,or a hospital;and
(c) any garment that an officer reasonably believes to have the ap-
pearance of lingerie.
508.1.11 Municipal Act,2001 -defined
"MunicipalAct,2001"shall mean theMunicipalAct,2001,S.O.2001,c.25.
508.1.12 Officer-defined
"officer"shall include a municipal aw enforcement officer, a by-law offi-
cer, and a member of the Waterloo Regional Police Services.
FEBRUARY 2010 508.6 KITCHENER
508.1.13 ALTERNATIVE MASSAGE CENTRES 508.2.5
508.1.13 Operator-defined
"operator" means a person who, alone or with others, operates, manages,
runs,or controls an alternative massage parlour and"operate(s)"shall have a
corresponding meaning."Operator"shall specifically include the alternative
massage parlour's licensee, designated manager(s), designated supervi-
sor(s),and any person who is working alone in the alternative massage cen-
tre when it is open to patrons or the public,when patrons or the public can
enter,or when alternative massage or other services are provided,available,
or offered in the alternative massage centre.
508.1.14 Services-erotic-sexual-defined
"services designed to appeal to erotic or sexual appetites or inclinations"
shall include:
(a) services of which a principal feature or characteristic is the nu-
dity or partial nudity of any person;and
(b) services in respect of which the word"nude", "naked", "top-
less","bottomless","sexy","sensual",or any other word,pic-
ture, symbol, or representation having like meaning or
implication is used in any advertisement.
Article 2
GENERAL PROVISIONS
508.2.1 General provisions- Chapter 500
The provisions of Chapter 500 of the City ofKitchener Municipal Code shall
apply to this Chapter. In the event of any conflict, the provisions of this
Chapter shall apply.
508.2.2 Fees-Chapter 501
The provisions of Chapter 501 of the City ofKitchener Municipal Code shall
apply to this Chapter and the fees for a licence under this Chapter shall be as
set out therein.
508.2.3 Schedule `A' -Business Licence Procedure
The provisions of Schedule`A' shall form a portion of this Chapter.
508.2.4 Applicable-all locations-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.
508.2.5 Operations-without licence-prohibited
No person shall operate or permit to be operated an alternative massage cen-
tre unless a valid licence has been issued respecting the alternative massage
centre.
KITCHENER 508.7 FEBRUARY 2010
508.2.6 ALTERNATIVE MASSAGE CENTRES 508.2.13
508.2.6 Licence fee- not required
An applicant for a licence with respect to a complementary health care centre
is exempt from the requirement of paying a licence fee under this Chapter.
All other provisions of this Chapter will apply to complementary health care
centres.
508.2.7 Attendants-operator-licensee compliance
Attendants,operators,and licensees at a complementary health care centre
must comply with all requirements of this Chapter unless specifically ex-
empted therefrom.
508.2.8 Accredited school-licence fee exemption
An accredited publicly funded college or post-secondary institution, and a
privately funded post-secondary institution offering a formal course of edu-
cation and training is exempt from the requirement of paying a licence fee
under this Chapter for such formal course of education and training but shall
comply with all other provisions of this Chapter.
508.2.9 Licence fee required-conditions
Notwithstanding Section 508.2.8 if alternative massage is provided or of-
fered outside of the hours or location specified pursuant to Sections 508.2.14
and 508.2.15,or provided to patrons for hire or gain,the requirement to pay a
licence fee will apply.
508.2.10 Operation at adult entertainment parlour-prohibited
No person shall operate an alternative massage centre at a location where a
business licensed under Chapter 502 of the City of Kitchener Municipal
Code is operating.
508.2.11 Advertising-licence number included
Every licensee shall ensure that the licensee's current licence number is in-
cluded in every advertisement for the alternative massage centre.
508.2.12 Location accessible during operation-doors unlocked
During the hours of operation of the alternative massage centre,as provided
to the Manager of Licensing pursuant to Sections 508.2.14, and 508.2.15,
every operator and attendant shall ensure that the principal means of access
into the alternative massage centre is kept unlocked and accessible so that
any person enforcing this Chapter may enter without hindrance or delay.
508.2.13 Rooms-where service provided-no locks
Every licensee shall ensure that there are no locks or locking mechanisms on
the door of any room where an attendant provides services or is likely to pro-
vide services given the physical set-up of the room, and that there is unen-
cumbered access to and egress from such a room at all times.
FEBRUARY 2010 508.8 KITCHENER
508.2.14 ALTERNATIVE MASSAGE CENTRES 508.2.16
508.2.14 Individual application-information requirements
In addition to complying with the requirements set out in Chapter 501,every
person other than a corporation who applies for a licence or renewal of
licence to operate an alternative massage centre shall provide the following
information to the Manager of Licensing and operate in accordance with
such information:
(a) a list of all services offered or provided in,upon,or at the alter-
native massage centre and the fees charged for each service;
(b) the hours of operation of the alternative massage centre;
(c) a list of all individuals designated to act as a manager or supervi-
sor of the alternative massage centre when the licensee is not
physically present in the alternative massage centre or written
confirmation that no other individuals are designated to act as
manager or supervisor of the alternative massage centre;and
(d) in the case of a publicly or privately funded post-secondary in-
stitution shall provide a curriculum outline and the times and
specific locations of alternative massage classes including
room numbers if applicable.
508.2.15 Corporation-application-information requirements
In addition to complying with the requirements set out in Chapter 501,every
corporation that applies for a licence or renewal of licence to operate an al-
ternative massage centre shall provide the following information to the
Manager of Licensing and shall operate in accordance with such
information:
(a) a list of all services offered or provided in,upon,or at the alter-
native massage centre and the fees charged for each service;
(b) the hours of operation of the alternative massage centre;
(c) a list of all individuals designated to act as a manager or supervi-
sor of the alternative massage centre;and
(d) in the case of a publicly or privately funded post-secondary in-
stitution, shall provide a curriculum outline and the times and
specific locations of alternative massage classes including
room numbers if applicable.
508.2.16 Notice requirement-change of information
Every licensee of an alternative massage centre may,upon giving forty-eight
hours notice in writing to the Manager of Licensing,change:
(a) the services provided at the alternative massage centre;
KITCHENER 508.9 FEBRUARY 2010
508.2.17 ALTERNATIVE MASSAGE CENTRES 508.2.21
(b) the fees charged for such services;
(c) the hours of operation of the alternative massage centre;
(d) the individual(s)designated to act as a manager or supervisor of
the alternative massage centre;and
(e) where applicable,the curriculum outline and the times and spe-
cific locations of alternative massage classes;
provided that any such change is in accordance with all of the provisions of
this Chapter.
508.2.17 Charges-for services-as listed only
Every operator shall ensure that no charge,demand,or request for payment
for any services offered or performed in the alternative massage centre takes
place,except in accordance with the list provided to the Manager of Licens-
ing pursuant to Sections 508.2.14 and 508.2.15.
508.2.18 List of services-fees-posted conspicuous
Every licensee shall post a copy of the list of services and fees referred to in
Section 508.2.14(c) and every operator shall ensure that such list remains
posted in a conspicuous place in the interior of the alternative massage centre
so that it is plainly visible to any person upon entering the alternative
massage centre.
508.2.19 Individual manager- supervisor-present at all times
Where the licensee is an individual,the licensee shall ensure that at least one
person who is designated as a manager or supervisor of the alternative mas-
sage centre pursuant to Section 508.2.14(c)is present at all times that the al-
ternative massage centre is open and the licensee is absent from the
alternative massage centre.
508.2.20 Corporation-manager-supervisor present at all times
Where the licensee is a corporation,the licensee shall ensure that at least one
person who is designated as a manager or supervisor of the alternative mas-
sage centre on the list provided to the Manager of Licensing pursuant to Sec-
tion 508.2.15(c)is present at all times that the alternative massage centre is
open.
508.2.21 Services-provided-hours of operation
Every operator shall ensure that the alternative massage centre 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 pro-
vided,available,or offered in the alternative massage centre unless it is both;
(a) between the hours of 9:00 am and 8:00 pm;and
FEBRUARY 2010 508.10 KITCHENER
508.2.22 ALTERNATIVE MASSAGE CENTRES 508.2.29
(b) during the hours submitted to the Manager of Licensing pursu-
ant to Section 508.2.14 and 508.2.15.
508.2.22 Services on other attendants-prohibited
Every operator shall ensure that no person or attendant performs alternative
massage on an attendant in an alternative massage centre.
508.2.23 Services on other attendants-exception
Section 508.2.22 shall not apply where:
(a) an attendant in a complementary health care centre performs al-
ternative massage on another attendant for the purpose ofmain-
taining credentials with a complementary health care
organization when no patrons are present; or
(b) when a student or teacher at a privately or publicly funded
post-secondary institution performs alternative massage on an-
other student or teacher for the purpose of instruction when no
patrons are present.
508.2.24 Attendant- clothing requirement-responsibility
Every operator shall ensure that no attendant is present in the alternative
massage centre while nude,topless,bottomless,or wearing lingerie visible
to another person.
508.2.25 Attendant-nude-other visible-prohibited
No attendant shall be in an alternative massage centre while nude,topless,
bottomless,or wearing lingerie that is visible to another person.
508.2.26 Genital-anal areas-covered-operation responsibility
Every operator shall ensure that no attendant in an alternative massage cen-
tre provides alternative massage to aperson or has any physical contact with
a person whose genital,perineal, and anal areas are not covered.
508.2.27 Genital- anal areas-not covered-service prohibited
No attendant in an alternative massage centre shall provide alternative mas-
sage to a person or have any physical contact with a person whose genital,
perineal,and anal areas are not covered.
508.2.28 Touching-private areas-prohibited-responsibility
Every operator shall ensure that no attendant in an alternative massage cen-
tre touches the genital,perineal, or anal area of any person.
508.2.29 Touch-private areas- by attendant prohibited
No attendant in an alternative massage centre shall touch the genital,peri-
neal,or anal area of any person.
KITCHENER 508.11 FEBRUARY 2010
508.2.30 ALTERNATIVE MASSAGE CENTRES 508.3.3
508.2.30 Sexual materials-prohibited-operator responsibility
Every operator shall ensure that no condoms,or sexual or erotic devices or
materials are present in the alternative massage centre.
508.2.31 Valid licence posted-conspicuous- responsibility
Every operator shall ensure that the alternative massage centre is not open to
patrons or the public unless a valid licence for the alternative massage centre
is posted in a conspicuous place that would be readily visible to members of
the public or patrons entering the alternative massage centre.
508.2.32 Licence-location specific
Every licence issued pursuant to this Chapter applies only with respect to the
specified location.
508.2.33 Condition on licence-violation-prohibited
No person shall violate any condition placed on a licence.
508.2.34 Operation-while suspended-revoked-prohibited
No person shall operate or permit to be operated an alternative massage cen-
tre while the applicable licence is suspended or revoked.
Article 3
ENFORCEMENT
508.3.1 Fine-for contravention
Every person who contravenes any provision of this Chapter and every di-
rector or officer of corporation who concurs in such contravention by a cor-
poration is guilty of an offence and is liable,upon conviction,to a fine for
each offence,not exceeding:
(a) on a first offence,Twenty-Five Thousand Dollars($25,000);
(b) on a second offence,Fifty Thousand Dollars($50,000);and
(c) on a third or subsequent offence,One Hundred Thousand Dol-
lars($100,000).
508.3.2 Fines-exclusive of costs
The fine amounts in Section 508.3.1 are exclusive of costs and are recover-
able under the Provincial Offences Pict.
508.3.3 Inspection-power of entry at any time
In addition to powers of entry set out in Chapter 500,the City including any
agent or representative thereof,may conduct an inspection:
(a) of any premises to which any provisions of this Chapter apply,
at any reasonable time including all times when services are or
appear to be offered or performed therein;and
FEBRUARY 2010 508.12 KITCHENER
508.3.4 ALTERNATIVE MASSAGE CENTRES 508.3.6
(b) of any premises other than a complementary health care centre
to which any provisions of this Chapter apply and at which
body-rubs are being conducted,at any time of the night or day.
508.3.4 Inspection-purpose
An inspection of any premises to which any provisions of this Chapter apply
may be conducted to determine whether or not the following are being com-
plied with:
(a) any by-law under the MunicipalAct,,2001,including this Chap-
ter;
(b) a direction or order of the City made under the Municipal Pict,
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 municipal-
ity passed under the Municipal Act, 2001;
(d) an order made under section 431 of the Municipal Pict, 2001.
508.3.5 Inspection documents-interview-testing
For the purposes of an inspection of any premises to which any provisions of
this Chapter apply, the City including any agent or representative thereof
may:
(a) require the production for inspection of documents or things
relevant to the inspection;
(b) inspect documents or things relevant to the inspection;
(c) require information from any person concerning a matter re-
lated to the inspection;and
(d) alone or in conjunction with a person possessing special or ex-
pert knowledge, make examination or take tests, samples, or
photographs necessary for the purposes of the inspection.
508.3.6 Enforcement-authorization
Council of the City 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.
KITCHENER 508.13 FEBRUARY 2010
508.4.1 ALTERNATIVE MASSAGE CENTRES 508.5.2
Article 4
VALIDITY
508.4.1 Severability
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 re-
main in full force and effect.
Article 5
REPEAL-ENFORCEMENT
508.5.1 By-law-previous
By-law 2008-48, By-law 2008-116,By-law 2008-126 and the contents of
Chapter 508 are hereby repealed as of January 18,2010.
508.5.2 Effective date
This Chapter comes into force and effect on January 18, 2010. By-law
2010-014, 18 January,2010.
FEBRUARY 2010 508.14 KITCHENER
ALTERNATIVE MASSAGE CENTRES
SCHEDULE
Schedule`A' -Application Process-Definitions
I. For the purposes of this Schedule `A',
"City Council" shall mean Council of The Corporation of the City of
Kitchener and"Council"shall include both City Council and a Licensing
Committee that has been constituted by City Council.
2. Upon receipt of a complete licence application the Manager of Li-
censing shall either issue or renew a licence hereunder or shall refer the
matter to Council.
3. Save as otherwise provided herein, every licence issued or renewed
pursuant to this Chapter shall be issued in the name of City Council by the
Manager of Licensing.
4. The Manager of Licensing shall not process an application where that
application is incomplete. An application will be deemed incomplete
where:
(a) required information has not been provided on the application
form;
(b) information or documentation required by the Manager of Li-
censing as part of the application process has not been provided;
(c) the prescribed licence fee is unpaid;or
(d) the Manager of Licensing has received an unsatisfactory 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 and the conditions causing the report to be unsatisfac-
tory have not been remedied.
5. Where the Manager of Licensing receives an incomplete application,
the Manager of Licensing shall,where an address or other contact infor-
mation has been provided, notify the applicant that the application is in-
complete and of the steps required to complete the application.
6. Where the Manager of Licensing decides an application is incom-
plete,the applicant shall have the right to appeal that decision to Council.
KITCHENER 508.15 FEBRUARY 2010
ALTERNATIVE MASSAGE CENTRES
7. If the Manager of Licensing is unable to determine whether an appli-
cation is incomplete,he/she may refer the matter to Council for consider-
ation.
8. The Manager of Licensing may refer an application or a licence to
Council where:
(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 corporation,affords reason-
able 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 8(c)above,any per-
son,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.
9. When any matter has been referred or appealed to Council,the appli-
cant or licensee shall be given reasonable notice of the time and place of
the hearing and shall be invited to make submissions.
10. When any matter has been referred or appealed to Council,after due
consideration of the application or licence and after Council has heard
such representations as the applicant or licensee and staff may care to
make,Council may direct that the licence be issued or renewed,or may re-
fuse, suspend,revoke, or add conditions to a licence where:
(a) the applicant or licensee does not meet the requirements of this
Chapter or any other applicable law or by-law;
FEBRUARY 2010 508.16 KITCHENER
ALTERNATIVE MASSAGE CENTRES
(b) information or documentation required by the Manager of Li-
censing as part ofthe application process has not been provided;
(c) the application is incomplete or the prescribed licence fee is un-
paid;
(d) the Manager of Licensing receives an unfavourable report re-
garding an investigation carried out pursuant to Chapter 500 of
the City ofKitchener 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 any person,including the officers,
directors,employees,or agents of corporation,affords reason-
able 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 limiting the generality of Section 9(f)above, any per-
son,including the officers,directors,employees or agents of a
corporation,has contravened this Chapter of any other by-law
or federal or provincial statute or regulation while engaged 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, suspen-
sion,revocation, or adding of conditions to the licence.
10. A decision of Council under Section 9 of this Schedule shall be final.
11. Where a licensee is convicted of an offence under any federal or pro-
vincial Act,any regulation made thereunder,of any by-law of the City in
relation to or during the carrying on of the trade,calling,business,or oc-
cupation 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 2010-014, 18 January,2010, Schedule `A'.
KITCHENER 508.17 FEBRUARY 2010