HomeMy WebLinkAboutFCS-17-148 - Appeal - Adult Entertainment Parlour- 2399 Kingsway Drive
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: September 11, 2017
SUBMITTED BY: Christine Tarling, Director of Legislated Services City Clerk, 519-
741-2200 ext. 7809
PREPARED BY: Helen Fylactou, Manager of Licensing, 519-741-220 ext. 7854
WARD(S) INVOLVED: 3
DATE OF REPORT: August 11, 2017
REPORT NO.: FCS-17-148
SUBJECT: APPEAL ADULT ENTERTAINMENT PARLOUR CLASS C
LOCATED AT 2399 KINGSWAY DRIVE
___________________________________________________________________________
RECOMMENDATION:
That the request of The Love Shop to operate an Adult Entertainment Parlour at
2399 Kingsway Drive be _____________.
NOTE Council to insert one of the following options into the recommendation:
denied; or,
approved subject to obtaining the appropriate minor variance or
zone change.
BACKGROUND:
Chapter 502 Adult Entertainment Parlour (the Chapter) of the City of Kitchener
Municipal Code requires that every lot on which a Class C adult entertainment parlour is
located shall be separated by a minimum distance of:
a)400 metres of any M4 zone in the City; and,
b)400 metres of any lot on which is located any other adult entertainment
parlour other than a Class A Adult Entertainment Parlour.
These requirements prevent multiple adult entertainment parlours of the same or of
different types from being grouped in one area.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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The Chapter states that if the applicant does not meet the location requirements, the
Manager of Licensing must refuse the licence. The applicant, however, has the option
to appeal that decision by submitting a request in writing. The manager must refer the
appeal to Council or Committee of Council for a decision if the applicant or licensee
does not meet the requirement of the Chapter or any other applicable law or by-law.
REPORT:
In June 2017,The Love Shop applied for a licence to operate a Class C adult
entertainment parlour at 2399 Kingsway Drive (see map in Appendix A). The Love
Shop was advised at the time of application that the proposed location did not meet the
location separation distance from another adult entertainment parlour. The minimum
distance from another adult entertainment parlour is 400 metres but the proposed
location is within 185 metres of a licensed Class D adult entertainment parlour.
Based on the proposed location not meeting the requirements of the Chapter, the
applicant was advised the licence was denied by the Manager of Licensing. As
permitted in the Chapter, The Love Shop requested t
In addition to not meeting the location separation distance, staff determined the
proposed location also does not comply with the zoning requirements. The property at
2399 Kingsway Drive is zoned C-6 (Arterial Commercial Zone) which only permits
specific retail uses such as sporting goods or pet supplies. The proposed business,
The Love Shop, does not meet the criteria of any of the specific retail uses permitted in
aC-6 zone.
The Chapter requires that if any objection is received from a notified licensee, the
Manager shall refer the application to Council or a Committee of Council for a final
decision. Council can make the decision to:
a) Deny the request because the adult entertainment parlour does not comply with
the location distance separation that is prescribed in the by-law and does not
meet zoning; or,
b) Approve the request with the condition that applicant obtains minor variance or
zone change approval.
If Council approves the proposed location, the applicant will still have to complete all
inspection requirements, including zoning, in order to obtain a valid business licence.
Staff in Planning have advised that the owner will have to seek either a minor variance
or zone change in order to operate even if Council approves the proposed location. If
the minor variance or zone change is not approved, the business licence will not be
issued.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
The cost of a 2017 Class C Adult Entertainment Parlour is $790.00.
COMMUNITY ENGAGEMENT:
INFORM
advance of the council / committee meeting.
ACKNOWLEDGED BY: Dan Chapman,DCAO, Finance & Corporate Services
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Appendix A
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