HomeMy WebLinkAboutCOR-2024-460 - Licensing Appeal Tribunal - Chapter 508 (Alternative Masage Licence)Staff Report
Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: October 21, 2024
SUBMITTED BY: Licensing Appeal Tribunal
PREPARED BY: Marilyn Mills, Committee Coordinator, 519-741-2200 ext. 7275
WARD(S) INVOLVED
DATE OF REPORT: October 7, 2024
REPORT NO.: COR -2024-460
SUBJECT: Licensing Appeal Tribunal - Chapter 508 (Alternative Massage Licence)
RECOMMENDATION:
That the decision of the Licensing Appeal Tribunal, attached as Appendix `A' to Corporate
Services Department Report COR -2023-536, wherein the Committee affirms the
revocation of an Alternative Massage Centre Licence (Chapter 508 - City of Kitchener
Municipal Code) issued to P. Xin for the operation of Ocean 7 Massage, at the property
municipally addressed as 540 Frederick Street, Kitchener, Ontario, be approved.
REPORT HIGHLIGHTS:
• The Manager of Licensing issued a revocation of an Alternative Massage Centre Licence
for Ocean 7 Massage as the business breached Chapter 508 of the City of Kitchener
Municipal Code and the Zoning By -Law.
• On October 3, 2024, the Licensing Appeal Tribunal convened to consider a submission from
Ms. Erin Kearney, on behalf of the Corporation of the City of Kitchener, regarding a joint
resolution between the City and P. Xin, licensee for the subject business operating at the
property municipally addressed as 540 Frederick Street, to surrender the business licence
and for the business to close effective October 31, 2024.
• The City's Licensing Tribunal, based on the submission provided at the hearing, affirmed
the decision to revoke the Alternative Massaae Centre Licence.
• This report supports the delivery of core services.
BACKGROUND:
Chapter 508 of the City of Kitchener Municipal Code governs the licensing and regulation of
alternative massage centres. Ocean 7 Massage, operating at 540 Frederick Street, in the opinion
of the Manager of Licensing, was believed to have breached Chapter 508 of the Municipal Code
and the Zoning By -Law thus, the Manager of Licensing referred this matter to the Licensing
Tribunal to consider revocation of the licence.
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REPORT:
On October 3, 2024, the Licensing Tribunal considered a submission from Ms. Erin Kearney, on
behalf of the Corporation of the City of Kitchener advising that staff have reached a joint
resolution with P. Xin, licensee for the subject property. The submission noted the Manager of
Licensing is of the opinion the licensee breached Chapter 508 of the Municipal Code and the
Zoning By -Law. The business owner and licensee denies breaching any by-laws and alleges
complaints against their business arise from an ongoing neighbourhood dispute however, the
business owner indicated the intention to close the business. Further, both the City and Licensee
have come to an agreement that the alternative massage centre licence issued to P. Xin shall
be revoked effective October 31, 2024 at 8:00 p.m.
The Tribunal considered the submission, and following their deliberation, agreed to impose the
revocation of the Alternative Massage Centre licence, effective October 31, 2024 at 8:00 p.m.
The decision attached as Appendix `A' outlines the Tribunal's decision.
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the city's strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
INFORM —All those in attendance at the October 3, 2024 Hearing were advised of the Tribunal's
decision and that it would be considered at the October 21, 2024 Council meeting as required
by the By-law. In addition, a Notice of Decision was sent to the Appellant and the Respondents
by email and registered mail on October 9, 2024; thereby, further notifying both parties of the
date the Tribunal's decision would be considered by Council and the process for registering as
a delegation.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services
Attachment A — Licensing Tribunal Decision
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NOTICE OF DECISION
LICENSING TRIBUNAL
October 3, 2024 Hearing
(APPEAL #2024-01)
ISSUED at Kitchener this 9t" day of October, 2024
TO: Pingping, Xin
CC: Junqing (Edward) Ren
Ocean 7 Massage
540 Frederick Street
Kitchener, ON N213 2A6
IN THE MATTER OF Chapter 508, entitled
"Alternative Massage Centres"
of the City of Kitchener Municipal Code;
AND IN THE MATTER OF the Ontario Municipal Act, 2001,
as amended;
AND IN THE MATTER OF the Statutory Powers Procedure Act,
RSO 1990, Chapter S. 22, as amended;
That the Licensing Tribunal established by the Council of the Corporation of the City of
Kitchener pursuant to Chapter 508 of the City of Kitchener Municipal Code, the Ontario
Municipal Act, 2001 and the Statutory Powers Procedure Act, sitting on October 3, 2024 to
consider the submissions to determine whether or not to refuse Alternative Massage
License No. 2024 -107854 issued to Pingping Xin for Ocean 7 Massage, operating at 540
Frederick Street, Kitchener, Ontario, reports as follows:
Having heard from Ms. E. Kearney, Associate City Solicitor, that staff have reached
a joint resolution with Licensee, Pingping Xin, which was read into evidence;
The Tribunal recommends that:
That Alternative Massage License No. 2024 -107854 issued to Pingping Xin
for Ocean 7 Massage, operating at 540 Frederick Street, Kitchener, Ontario,
be revoked, effective October 31, 2024 at 8:00 p.m.
The Licensee and the City are hereby advised that this matter will be heard by Kitchener
City Council at a meeting scheduled for Monday, October 21, 2024 at 7:00 p.m. and,
individuals may register as a delegation for the Council meeting to address the matter by
5:OOpm on Monday, October 21, 2024 by contacting delegation@kitchener.ca.
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NOTICE OF DECISION: October 3, 2024
APPEAL #2024-01 — Alternative Massaae Licence
COUN ILLOR B. VRBANOVIC
LICENSING TRIBUNAL
COUNCIL R J. D NEAULT
ISSUED BY:
M. Mills, Secretary of the Licensing Appeal Tribunal
Legislated Services Division of the Department of Corporate Services
200 King St. W., Kitchener, ON N2G 4G7 Tel. (519) 741-2200 ext. 7275
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