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HomeMy WebLinkAboutFCS-18-029 - Request to Add Conditions to a Business Licence - 108 Queen Street SREPORT TO: Finance and Corporate Services Committee DATE OF MEETING: April 9, 2018 SUBMITTED BY: Christine Tarling,Director of Legislated Services/City Clerk,519- 741-2200 ext. 7809 PREPARED BY: Helen Fylactou,Manager of Licensing,519-741-2200 ext. 7854 WARD(S) INVOLVED: 9 DATE OF REPORT: March 8, 2018 REPORT NO.: FCS-18-029 SUBJECT: REQUEST TO ADD CONDITIONS TO A BUSINESS LICENCE 108 QUEEN STREET SOUTH ___________________________________________________________________________ RECOMMENDATION: That the business licence for Asian Health Centre be approved with the following conditions: a)That the owner ensures that 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: The Asian Health Centre (the Business) is an alternative massage parlour that is licensed under Chapter 508 and is located at 108 Queen Street South. The Business has been in operation and has been licensed with the City of Kitchener since 2009 as an Alternative Massage Centre that offers shiatsu massage services. REPORT: As a requirement of the Alternative Massage CentresBy-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 the requirement and several Provincial Offence Notices (PONs)have been issued. In the last year, the Business has had 4 PONs for operating outside of the permitted hours. Each time, a Municipal Law Enforcement Officers attends the premises in an unmarked SUV and in plain clothes. They are able *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 1 to ring the bell for service and a massage attendant opens the doors, invites them in and offers them a variety of services. By-law Enforcement continues to receive complaints from neighbours of this Business that live in the residential units located directly above the Business.In addition, Waterloo Regional Police Services have contacted the Manager of Licensing about concerns with the business operation. Despite several visits by By-law Enforcement, there has been no effort by the owner to mitigate any of the concerns and therefore, Municipal Law Enforcement Officers continue to respond to complaints. Through By-law Enforcement staff, Licensing Services has been advised of all the infractions against the Business and is working with By-law Enforcement to ensure compliance is being met by the Alternative Massage Centre. The Business has continuouslybeens Alternative Massage Centre By- law. In order to protect public interest as it relates to consumer protection and nuisance control, staff recommends adding the aforementioned conditions to the business licence for Asian Massage Centre 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 a Committee of Council to refuse, revoke, or suspend the licence, or to impose further conditions on the licence. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: vision through the delivery of core service. FINANCIAL IMPLICATIONS: The cost of a 2018 Alternative Massage Centre Renewal is $141.00. COMMUNITY ENGAGEMENT: The owner of Asian Health Centre will be invited to meet in-person to discuss the changes to the business licence and the conditions placed on the licence. INFORM advance of the council/committee meeting. ACKNOWLEDGED BY: Lesley MacDonald, Acting Deputy CAO, Finance & Corporate Services 5 - 2