HomeMy WebLinkAboutFCS-17-121 - Amendments to Chapter 502 (Adult Entertainment Parlours)
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: August 21, 2017
SUBMITTED BY: Christine Tarling, Director of Legislated Services & City Clerk,
519-741-2200 ext. 7809
PREPARED BY: Helen Fylactou, Manager of Licensing Services, 519-741-2200
ext. 7854
WARD(S) INVOLVED: All
DATE OF REPORT: August 9, 2017
REPORT NO.: FCS-17-121
SUBJECT: AMENDMENTS TO CHAPTER 502 (ADULT ENTERTAINMENT
PARLOURS)
___________________________________________________________________________
RECOMMENDATION:
That Council adopt the by-law attached as Appendix B and to amend Chapter 502 (Adult
Entertainment Parlours) of TheCity of Kitchener Municipal Code as outlined in Staff
Report FCS-17-121, and further;
That Council adopt the by-law attached as Appendix C to Report FCS-17-121 to provide
for fees for adult entertainment parlours as Chapter 503 of The City of Kitchener
Municipal Code.
BACKGROUND:
Chapter 502 (Adult Entertainment Parlours) regulates the sale of adult goods and the
operation of adult entertainment parlours. The last update was completed in 2008.
Since then, only the fees, which are embedded within Chapter 502, have been
amended.
REPORT:
The purpose of the amendments, outlined in Appendix A, is to clarify the definition of
adult goods, to update the Class C regulations, to update the rights of entry, and to
move the fees to another by-law.
Staff is proposing to strengthen the adult goods definition by adding clarity to the types
of products sold as well as to exclude lubricants and contraceptives. Staff has identified
various drug stores and department stores that sell products that fall under the definition
of adult goods. Currently, any business carrying or selling adult goods are required to
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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obtain a Class C licence which restricts the store patrons to 18 years of age or older.
Staff is proposing to amend Chapter 502 to address concerns of businesses carrying
adult goods, where the goods comprise 5% or less of the total store floor area.
In addition, staff is updating the rights of entry. At present, rights of entry are set as a
condition of the business licence therefore making it difficult for staff to enforce
unlicensed premises. The rights of entry are
authority under the Municipal Act, 2001, which will allow staff more ability to enter into
unlicensed premises.
As previously mentioned, the current fees are embedded within Chapter 502. This
differs from most other licensing fees which are included under Chapter 501. Staff is
proposing to remove the fees from Chapter 502 and have the fees moved to a separate,
stand-alone by-law. This would allow staff to annually update the fees while protecting
the Adult Entertainment regulatory provisions. The licence fees rates are not
anticipated to change until 2018.
Although the amendments to Chapter 502 are not part of the overall Comprehensive
Review, which is anticipated to come to Council in late 2017, the same principles of
streamlining processes, and establishing regulations based on risk were applied to the
development of the proposed amendments. Any comments collected as part of the
community engagement that pertains to other sections of the Chapter will be evaluated
as part of the comprehensive review.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
strategic
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
None.
COMMUNITY ENGAGEMENT:
A letter outlining the proposed amendments that included the chart attached as
Appendix A was mailed to all current Adult Entertainment Parlour licence holders as
well as any businesses that staff identified as carrying adult goods, such as drugs
stores and department stores. The letter asked for feedback and comments on the
proposed amendments. Staff received no objections to the proposed amendments.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance & Corporate Services
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Appendix A
SectionCurrentProposed
502.1.2
intended to be used as sexual stimulators used as a physical sexual stimulator and shall include
including vibrators and devices of rubber without limitation any vibrator or device of rubber or
or other material shaped like an erect other material shaped like a penis or vagina or
penis.otherwise intended for masturbation but shall not
include lubricants or contraceptives.
Article 4All businesses carrying products that fallThis requirement will remain the same
ensure adult goods are not visible
from outside the business
Article 4All businesses carrying products that fall These requirements will remain the same for any
within the current business that uses 5% or more of its floor area for the
provision of adult goods. Businesses that use less than
5% of the floor area for the provision of adult goods will
obtain a Class C Adult
be exempt from these requirements provided that adult
entertainment parlour licence
goods are:
(502.4.1)
prohibit minors (under 18) from
displayed at a height of 5.5 feet above floor
entering the entire business
area,OR
(502.4.2)
kept behind opaque barriers/screens, OR
provide signage informing
patrons that entry to minors is kept in a separate area where patrons are
prohibited (502.4.3)advised of the adult goods content before
entering
ensure the business is located
within the M4 (heavy industrial)
zone (502.4.5)
ensure the business is not within
400 metres of any other adult
entertainment parlour (other than
a Class A adult entertainment
parlour) (502.4.5)
New n/aBusinesses that use more than one percentbut less
requirementthan 5% of the floor area for adult goods will be
required to post signage to ensure patrons are aware
that adult goods are sold on the premises before they
enter the business
Sections The rights of entry in this by-law areRights of entry are being expanded to fully use the
502.7.13 and currently set out as a condition of the
502.7.14business licence. that all businesses may be inspected at any reasonable
time to determine compliance with this Chapter and that
officers have all inspection rights available under the
Municipal Act, 2001.
In accordance with the Municipal Act, 2001, it is also
specified that Class D (body rub parlours) and Class E
(strip clubs) Adult Entertainment Parlours can be
inspected at any time of the night or day.
Schedule BApplicable Licence Fees are currently Applicable Licence Fees will be moved to a separate
contained in this by-lawby-law. The 2017 licence fee rates are not anticipated
to change until 2018.
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Appendix B
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 502 of The City of
Kitchener Municipal Code with respect to Adult Entertainment
Parlours)
WHEREAS it is deemed expedient to amend Chapter 502 of The City of Kitchener
Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts
as follows:
1. Article 1 of Chapter 502 of The City of Kitchener Municipal Code is hereby
amended bydeleting section 502.1.3.
2. Article 1 of Chapter 502 of the City of Kitchener Municipal Code is hereby amended
by adding the following definition as section 502.1.3:
any toy or device intended to be used as a physical sexual
stimulator and shall include without limitation any vibrator or device of rubber or
other material shaped like a penis or vagina or otherwise and intended for
3. Article 4 of Chapter 502 of the City of Kitchener Municipal Code is hereby amended by
deleting Article 4 in its entirety and replacing it with the following:
Article 4
502.4.1
No operator of a Class C Adult Entertainment Parlour shall permit any adult
goods to be visible from outside of the premises.
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502.4.2
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.
502.4.3
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.
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 Parlour
or 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.
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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) within 400 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 op
4. Article 7 of Chapter 502 of The City of Kitchener Municipal Code is hereby
amended by deleting section 502.7.1 and replacing it with the following:
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
5. Article 7 of Chapter 502 of The City of Kitchener Municipal Code is hereby
amended by deleting sections 502.7.13 and 502.7.14 and renumbering the
remaining sections of Article 7 accordingly.
6. Article 9 of Chapter 502 of The City of Kitchener Municipal Code is hereby
amended by adding the following as a new Article 9 and renumbering the former
Articles 9 and 10 accordingly:
Article 9
502.9.1
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.
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502.9.2
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) a direction 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.
502.9.3
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;
(c) require information 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.
502.9.4
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)
(f) e; and
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(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.
502.9.5
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
7.
deleted.
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2017.
_____________________________________
Mayor
_____________________________________
Clerk
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Appendix C
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law with respect to Adult Entertainment Parlour
Fees).
WHEREAS it is deemed expedient to exercise the powers conferred on Council
by theMunicipal Act, 2001, S.O. 2001, c.25;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Subject to section 4 herein, each person applying for a licence in respect of a trade,
occupation, or business under Chapter 502 of The City of Kitchener Municipal Code
-law respecting licensing of that
particular trade, occupation, or business. Fees paid shall be returned to the
applicant if the application for a licence is denied.
2. All licence fees set ou-law are annual fees unless
otherwise indicated.
3. (1) Subject to section 3(2) hereof, in those cases where a licence is surrendered by
licence fee shall be partially refunded according to the following formula:
stst
(a) for a person ceasing operation from January 1 to March 31 in any year:
-for surrender 75 percent of the annual fee;
stth
(b) for a person ceasing operation from April 1 to June 30 in any year:
-for surrender 50 percent of the annual fee; and
st
(c) for a person ceasing operation from July 1st to December 31 in any year:
-for surrender no refund
(2) No refund shall be given for any licence for which the fee payable for the full
year is fifty dollars ($50) or less.
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4. Where an applicant pays or is required to pay licensing fees for more than one
licence with respect of the same business location and where an inspection under
one licence application satisfies an inspection requirement of another licence
application, Council hereby delegates authority to the Manager of Licensing, and
directs the manager of Licensing to:
(a) refund to the applicant the portion of any licensing fee paid as necessary to
ensure that the applicant only pays one time for each required inspection, or
(b) to waive payment of the portion of any licensing fee payable as necessary to
ensure that the applicant only pays one time for each required inspection.
5. The necessity of an inspection referred to in section 4 will be in the sole discretion of
the Manager of Licensing.
6. It is hereby declared that each and every of the foregoing sections of this by-law is
severable and that, if any provisions of this by-law 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.
7. The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and
numbering it as Chapter 503 so as to fit within the scheme of the Code.
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2017.
_____________________________________
Mayor
_____________________________________
Clerk
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Schedule "A"
FEES
2017 Fees
CategoryOriginal Renewal Late
Licence FeeFee
Fee
Class A Adult Entertainment Parlour$420$97$236
Class B Adult Entertainment Parlour$765$97$236
Class C Adult Entertainment Parlour$790$109$250
Class D Adult Entertainment Parlour Attendant$115$115$115
Class D Adult Entertainment Parlour Operator$4,750$4,750$4,902
Class E Adult Entertainment Parlour$5,705$5,705$5,882
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