HomeMy WebLinkAboutCRPS-07-026 - Referral to Licensing Hearing - 1685000 Ontario Limited o/a Roxxannes Bar & Grill - 1271 Victoria St. N.Report To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting: February 19, 2007
Submitted By: R. Gosse, Director of Legislated Services/City Clerk
Prepared By: Patricia Harris, Manager of Licensing
Ward(s~ Involved: 2
Date of Report: February 12, 2007
Report No.: CRPS-07-026
Subject: Referral to a Licensing Hearing -1685000 Ontario Limited -
o/a Roxxannes Bar & Grill -1271 Victoria St. N.
RECOMMENDATION:
The Committee's direction is requested.
BACKGROUND:
Section 1 of Schedule `A' -Business Licence Procedure of Chapter 502 (Adult Entertainment
Parlours requires that upon receipt of a complete application the Manager of Licensing shall
either issue or renew a licence hereunder or shall refer the matter to Council or a Committee of
Council where appropriate under the provisions of this Chapter or any other by-law of Council.
In reviewing the Licence renewal application for 1685000 Ontario Limited., o/a Roxxannes Bar &
Grill, located at 1271 Victoria Street North in Kitchener there are matters that have come to the
attention of the Manager of Licensing regarding possible non compliance of Chapter 502. The
Manager has determined that a licence should not be issued and that Roxxannes cannot
operate at this time. The application for a licence by Roxxannes has therefore been referred to
Council or a Committee of Council.
REPORT:
Chapter 502 has very specific regulations regarding activities at a Class E Adult Entertainment
Parlour including that no owner or operator of a Class E adult entertainment parlour shall permit
any attendant to provide Class D services in the Class E adult entertainment parlour and no
attendant shall provide Class D services in any Class E adult entertainment parlour. A Class D
service is any encounter involving physical contact other than ordinary non-erotic hand to hand
contact as may be found in any business setting.
In April 2006, the owner and manager of Roxxannes Bar and Grill were convicted in Provincial
Offences Court of permitting Class D services in a Class E adult entertainment parlour. They
were each fined $1,500.00.
Since December of 2006, City staff has made several inspections at Roxxannes and information
from those inspections has led the Manager of Licensing to believe that Roxxannes is not in
compliance with the provisions of Chapter 502. For this reason, the Manager has decided to
refer the 2007 licence application of Roxxannes Bar & Grill owners to a Committee or Council.
At this time Council has two options; direct staff to immediately issue a licence or, in order to
facilitate the review of the licence and afford the licensee the opportunity to respond to the
allegation of non-compliance, refer the matter to a Licensing Hearing. Should Council decide to
refer the matter to a hearing, consideration may be given to issue an interim or temporary
licence to the owners until the hearing has taken place. Should a temporary licence be issued,
staff is suggesting it be for the period ending May 31, 2007. This would allow sufficient time for
all parties to prepare for the hearing and yet ensure that it is held in a timely manner.
FINANCIAL IMPLICATIONS:
None
COMMUNICATIONS:
The applicants downers of Roxxannes Bar & Grill) and their legal counsel have been notified
and have received a copy of this report.
(MRS) PATRICIA HARRIS
MANAGER OF LICENSING
FINANCIAL IMPLICATIONS
COMMUNICATIONS:
(MRS) PATRICIA HARRIS
MANAGER OF LICENSING