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Home My WebLink AboutCRPS-06-158 - Licence Hearing - The Doll House - 6 Bridge StreetJ ~i'~'m- I1ITC;HF;NF,R ~ ~ Cc~r~~orute SE~rvices Report To: Mayor C. Zehr and Members of Council Date of Meeting: October 30, 2006 Submitted By: Licensing Tribunal Prepared By: R. Gosse, Director of Legislated Services/City Clerk Ward(s) Involved: 1 Date of Report: October 27, 2006 Report No.: CRPS-06-158 Subject: LICENCE HEARING -THE DOLL HOUSE, 6 BRIDGE ST. RECOMMENDATION: That the Decision of the Licensing Tribunal, attached to Corporate Services Department report CRPS-06-158, in the matter of Adult Entertainment Parlour Business licence No. 20 06 000286 00 L6 issued to 2027625 Ontario Ltd., operating as The Doll House, 6 Bridge Street West, be adopted; and, That the Licensing Section of the Legislated Services Division consider the conditions outlined in the decision of the Tribunal in the matter of The Doll House, for possible inclusion in any amendment(s) to the City's Municipal Code regarding Adult Entertainment Parlours; and further, That any 2007 licences which could be affected by an amendment to the Municipal Code be issued in three month intervals until such time as a report is considered by the Finance and Corporate Services Committee regarding the possible amendment(s) to the Code. BACKGROUND: 2027625 Ontario Ltd. was issued an Adult Entertainment Parlour Business Licence under Chapter 502 of the Municipal Code. The establishment is commonly referred to as a Strip Club and has been operated by 2027625 Ontario Ltd. for the past 3 years. Early in 2006 the Licensing Section received information from the Waterloo Regional Police Services (WRPS) that the business was not operating in compliance with the City's Municipal Code. Subsequent inspections by Licensing staff verified non-compliance with respect to the business. On May 8, 2006, Council adopted the recommendations contained in report CRPS-06-076, dated May 3, 2006 to hold a hearing under the authority of the Municipal Act, 2001, to determine whether or not to revoke, suspend or impose conditions as a requirement of continuing to hold the Licence. Councillors B. Vrbanovic, M. Galloway, J. Smola and C. Weylie (alternate member) were appointed as members of the Tribunal. REPORT: The City of Kitchener convened a tribunal on October 4, 2006 to hear and consider submissions to determine whether or not to suspend, revoke or impose conditions with respect to business license No. 20 06 000286 00 L6 issued to 2027625 Ontario Ltd., operating as The Doll House, 6 Bridge Street West, Kitchener, ON. The tribunal members were Councillor Berry Vrbanovic (Chair), Councillor Christina Weylie and Councillor Michael Galloway. Prior to the completion of the tribunal, the tribunal members received and accepted a joint submission from the City's legal counsel and the Licensee's legal counsel. In this joint submission, the Licensee's legal counsel acknowledged that the Licensee was in breach of three sections of the City's Municipal Code "the Code" as it relates to adult entertainment facilities. Specifically, the Licensee was in breach of: • the Code section 502.6.8, stating "No attendant shall provide Class `D' services in any Class `E' adult entertainment parlour", • the Code section 502.6.9, "No attendant shall provide or perform any Class `E' services or any services as an attendant in a Class `E' adult entertainment parlour except while within the plain and unobstructed view of the main stage of the floor on which such services are being provided", and • the Code section 502.6.10, "Every owner or operator of a Class `E' adult entertainment parlour shall ensure that any attendant providing or performing either Class `E' services or any services as an attendant in the owner or operator's Class `E' adult entertainment parlour does so while within the plain and unobstructed view of the main stage of the floor on which such services are being provided." Based on the evidence provided, both in relation to the three breaches listed above, and other allegations, the tribunal views these claims against this Licensee to be serious in nature. The bylaw is in place for the purposes of consumer protection, the health and safety of both employees and clientele and to avoid public nuisances. The activities that took place at this Licensee's place of business were a serious breach of all three areas of the Licensee's responsibilities in this regard. As such, based on the joint submission of both the City and the Licensee, the tribunal has rendered its decision (attached to this report), subject to the approval of Kitchener City Council, in this matter. ~ ~ ~;~ Q~f~~0. ~-- Councillor Berry Vrbanovic Councillor Christina Weylie Councillor Michael Galloway Chair Member Member Decision of the Licensing Tribunal In the matter of Adult Entertainment Parlour Business license No. 20 06 000286 00 L6 issued to 2027625 Ont., operating as The Doll House, 6 Bridge Street West, Kitchener Based on the joint submission of both the City and the Licensee, the tribunal hereby orders: That The "VIP" area containing the booths shall be modified so that any Class E services provided in those areas are within the plain and unobstructed view of the main stage of the floor on which the services are being provided. Attendants and patrons must be able to observe the stage in an unobstructed fashion while seated in the VIP area containing the booths, and attendants and patrons must be able to be observed in an unobstructed fashion from the stage while seated in the VIP area containing the booths. The City Licensing Department will inspect the VIP area containing the booths to confirm compliance. If compliance is not achieved the City will direct such further modification/construction until compliance with the Code is achieved; and, That the License granted to the Licensees to operate the Dollhouse as an adult entertainment parlour shall be suspended for a period of two weeks from Monday, January 15, 2007 at 12:01 a.m. until Monday, January 29, 2007 at 12:01 a.m.; and further, That the following conditions be placed on all future licenses to be issued to this Licensee, commencing with the next License to be issued November 1, 2006: 1. The Licensee's, Bill Papazotos and Paul Kotsopoulos, will effect installation of security cameras outside the entrance areas to the public washrooms and the attendant washroom of the Dollhouse. The cameras will not be positioned so as to observe any patrons within the washroom. In addition, the Licensees will post a sign outside the entrance of each of the washrooms and within each of the washrooms, easily visible to patrons, with the following wording - "Entrances to the washroom areas are being monitored by surveillance cameras. Washrooms are also regularly monitored by security staff. Any illegal activities will result in prosecution to the fullest extent of the law." Finally, the Licensees will require their security staff to monitor the washrooms at least once each half hour during the business day that the Licensee is operational, and will implement a system to track such monitoring which will be made available to the City's licensing inspector or their agent, upon request. 2. The attendants employed or to be employed by the Licensees at the Dollhouse will be required to sign a contract which reproduces Section 502.1.12 and Sections 502.6.6 through to 502.6.10 inclusive of the Kitchener Municipal Code (the Code). The contract will provide, among other conditions known as "House Rules", that if the Licensees or their staff observe a breach of prohibited physical contact then such conduct will be grounds for immediate termination for cause. A copy of the drafted contract will be sent to the Licensing Department for review and approval and for its files. 3. All full-time and part-time Dollhouse staff employed by the Licensee, including owners, managers, security personnel and other employees, will participate in a training program every six months provided by the City of Kitchener Licensing Department to ensure that all employees and security personnel are aware of the relevant provisions of the Code and of their obligation to comply with the Code. This training program will be held every six months on the premises of the Doll House and will include a mandatory sign-in attendance sheet for all attendees. 4. The Licensees currently employ three full-time security officers. One security officer will be assigned exclusively to the VIP area containing the booths and will be required as a term of his employment to patrol the VIP area containing the booths on a regular basis to enforce compliance with the C. 502 of the Kitchener Municipal Code. 5. The Licensees will submit to police searches during non-business hours utilizing dogs trained to locate illegal drugs. 6. There are currently two men's washrooms on the Dollhouse premises, one of which has been closed for security reasons. That one washroom will remain closed at all times in order to assist with the monitoring of the washroom areas. October 27, 2006 ~y ~ / ~ a `~vw0. Councillor Berry Vrbanovic Councillor Christina Weylie Councillor Michael Galloway Chair Member Member