HomeMy WebLinkAboutBy-law No. 2017-090 - Amend c502 - Adult Entertainment ParloursBY-LAW NUMBER ` 1'-7 --0q 0
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 by deleting 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:
""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 of rubber or
other material shaped like a penis or vagina or otherwise and intended for
masturbation but shall not include lubricants or contraceptives."
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.
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;
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(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.
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
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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."
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
Chapter 503 of The City of Kitchener Municipal Code."
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
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.
502.9.2
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
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(d) an order made under section 431 -of the Municipal Act, 2001.
508.9.3
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.
508.9.4
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) the City's Director of Building 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.
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50&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
the Municipal Act, 2001."
7. Schedule "B" of Chapter 502 of The City of Kitchener Municipal Code is hereby
deleted.
PASSED at the Council Chambers in the City of Kitchener this day
of A.D. 2017.
Mayor
Clerk