HomeMy WebLinkAboutBy-law No. 2008-034 - Amend 2006-064 - c.502 - Adult Entertainment ParloursBY-LAW NUMBER ;~~ ~ ~'%'~ ~'
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace Chapter 502 of The
City of Kitchener Municipal Code with respect to Adult
Entertainment Parlours).
WHEREAS it is deemed expedient to exercise the powers conferred on Council
by the MunicipalAct, 2001, S.O. 2001, c.25;
AND WHEREAS notice of a public meeting was given by advertisement in a local
newspaper on January 11, 2008;
AND WHEREAS a public meeting was held on January 28, 2008 to allow any
person attending to make representations with respect to this by-law;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. In this by-law:
"adult books and videos" includes any book, magazine, video cassette or video
disc appealing to or designed to appeal to erotic or sexual appetites through the
portrayal or depiction on its cover or container by means of photographs,
drawings or otherwise of one or more of the specified body areas of any human
or humans or one or more of the specified acts whether actual or simulated;
"adult entertainment parlour" means any premises or any part thereof where, in
pursuance of a business,
(i) goods, entertainment or services that are designed to appeal to erotic or
sexual appetites or inclinations are provided in the premises or part of
the premises; or
(ii) body-rubs, including the kneading, manipulating, rubbing, massaging,
touching or stimulating by any means of a person's body, are performed,
offered or solicited in the premises or part of the premises unless such
body-rubs are performed, offered or solicited for the purpose of medical
or therapeutic treatment and are performed or offered by persons
otherwise duly qualified, licensed or registered to do so under the laws of
the Province of Ontario.
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"adult goods" means toys and devices intended to be used as sexual stimulators
including vibrators and devices of rubber or other material shaped like an erect
penis;
"application" shall include an application for a licence or renewal of a licence on
the form provided by the Manager of Licensing and where permitted by the
Manager of licensing shall also include a verbal request for renewal of a licence;
"attendant" means a person who, in an adult entertainment parlour, provides
Class D services or Class E services;
"chapter" shall refer to a by-law of the City which has been incorporated into The
City of Kitchener Municipal Code and assigned a chapter number therein unless
inconsistent with the context in which the word is used;
"City" means The Corporation of the City of Kitchener;
Class A adult entertainment parlour" means an adult entertainment parlour in
which or in part of which adult books and videos are provided and less than 25
percent of the floor area of the licensed premises is used in the provision of adult
books and videos;
"Class B adult entertainment parlour" means an adult entertainment parlour in
which or in part of which adult books and videos are provided and 25 percent or
more of the floor area of the licensed premises is used in the provision of Adult
books and videos;
"Class C adult entertainment parlour" means an adult entertainment parlour
where adult goods are provided;
"Class D adult entertainment parlour" means an adult entertainment parlour in
which any Class D services are provided but shall specifically exclude alternative
massage centres licensed by the City;
"Class D services" means any services provided that involve physical contact in
the nature of body-rubs, including the kneading, manipulating, rubbing,
massaging, touching or stimulating by any means of a person's body, unless
such body-rubs are performed, offered or solicited for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise duly
qualified, licenced or registered to do so under the laws of the Province of
Ontario;
"Class E Adult entertainment parlour" means an adult entertainment parlour in
which Class E services are provided;
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"Class E Services" means any services of which a principal feature or
characteristic is the nudity or partial nudity of any person and shall include
services in respect of which the word "nude", "naked", "topless" or "bottomless" or
any other word, picture, symbol or representation having a like meaning or
implication is used in any advertisement and Class E services shall specifically
include striptease dancing, table dancing, wet clothing contest, best body parts
contest or any other similar performance, exhibition, contest, activity, viewing,
encounter, and any video game machine involving similar themes;
"Council" means the Council of The Corporation of the City of Kitchener;
"Designated Class E Entertainment Area" shall mean an area shown on a floor
plan submitted to and approved by the Manager of Licensing showing the part of
the Class E Adult entertainment parlour in which Class E Services may be
provided. Approval of the Manager of Licensing shall only be withheld in
circumstances where the proposed area would, in the opinion of the Manger of
Licensing, facilitate violation of sections 61(b) or 62(b) of this by-law.
"Late Fee" means the fee payable upon application by an applicant, who in the
previous calendar year held a licence respecting the same business at the same
location that is noted on the submitted application, where application is not made
or the fee therefor is unpaid by March 15th of the current year;
"Manager of Licensing" means the Manager of Licensing appointed by Council of
the City or in his/her absence the City Clerk appointed by Council of the City;
"operator" includes a person who, alone or with others, operates, manages, runs
or controls, and "operate(s)" has a corresponding meaning;
"Original Fee" means the fee payable upon application by an applicant who has
not in the previous calendar year held a licence respecting the same business at
the same location that is noted on the submitted application;
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owner includes a person who, alone or with others, has the right to possess or
occupy or actually does possess or occupy an adult entertainment parlour and
shall specifically include a lessee of an adult entertainment parlour or premises in
which an adult entertainment parlour is located;
"partial nudity" means less than completely and opaquely covered:
(i) human genitals or human pubic region;
(ii) human buttocks; or
(iii) female breast below a point immediately above the top of the areola.
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person includes a corporation and a partnership and the heirs, executors,
administrators and other legal representatives of a person to whom the context
can apply according to law;
"prohibited body area" means in the case of a female, the breast, nipples, and
areolae; and in the case of all humans, the pubic, genital, perinea) and perianal
areas and the buttocks;
"provide(s)" when used in relation to services, includes to furnish, pertorm or give
such services, and "providing", "provided" and "provision" when used in relation
to services shall include corresponding meanings;
"provide(s)" when used in relation to adult goods and when used in relation to
adult books and videos, includes to rent, offer to rent, to sell, offer to sell or
display by retail or otherwise and "providing", 'provided" and "provision" when
used in relation to adult goods and when used in relation to adult books and
videos shall include corresponding meanings;
"Renewal Fee" means the fee payable upon application by an applicant, who in
the previous calendar year held a licence respecting the same business at the
same location that is noted on the submitted application, where application is
made and the fee therefor is paid by March 15th of the current year;
"specified acts" means sexual intercourse, cunnilingus, fellatio, buggery,
bestiality, masturbation, urination or defecation, or the bonding, flagellation,
mutilation, maiming or murder of one or more human beings;
"specified body areas" means in the case of a female, the nipples and areolae
that are not covered; and in the case of all humans, the pubic, genital, perinea)
and perianal areas and the buttocks that are not covered;
"supervised area" means a part of a Class A or Class B Adult entertainment
parlour that is clearly labelled or marked as being restricted to persons 18 years
of age and over, within clear view from an attended sales desk, the nearest part
of which being no more than seven (7) metres (22.96 feet) from the said sales
desk, or behind a sales counter to which the public is not admitted, clearly
labeled as such;
"table dancing" shall mean a performance in a Class E Adult entertainment
parlour that is offered in closer proximity to a particular patron or patrons in
exchange for a payment or tip; and
"Visually-Restricted Area" shall mean any private, semi-private, enclosed, semi-
enclosed, walled, semi-walled, fully-fenced, semi-fenced, raised or lowered area
where visibility to see into the said area is restricted, obstructed or obscured in
full or in part in any manner, including by use of furniture, any type of partition
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regardless of material, any type of curtain or sheer regardless of material, any
type of barrier regardless of material, architectural details, or any device, object
or thing situated so as to restrict, obstruct or obscure visibility into the said area,
but shall specifically exclude furniture, objects, and structural walls or any thing
shown within the Designated Class E Entertainment area on the floor plan
approved by the Manager of Licensing and placed in accordance with that floor
plan.
2. The provisions of Schedule "A" and Schedule "B" hereto shall form a portion of
this Chapter.
3. The provisions of this Chapter apply to any trade, occupation, calling or business
described herein that is carried on either wholly or partly within the City even if
the business is being carried on from a location outside the City.
All Adult Entertainment Parlours
4. Every operator of an adult entertainment parlour shall not erect or display or
permit to be erected or displayed a sign advertising an adult entertainment
parlour which contains any letters, symbols, drawings or any other marks except
for the following:
(a) the Operator's legal name as shown on his/her licence;
(b) the name, if any, under which the Operator carries on the adult
entertainment parlour business as shown on his/her licence;
(c) the Operator's current licence number;
(d) the address of the adult entertainment parlour; or,
(e) the telephone number of the adult entertainment parlour
Class A and Class B Adult Entertainment Parlours
5. No person shall operate a Class A adult entertainment parlour without having
made application and having received a licence issued in the name of the Council
by the Manager of Licensing or his/her delegate.
6. No person shall operate a Class B adult entertainment parlour without having
made application and having received a licence issued in the name of the
Council by the Manager of Licensing or his/her delegate.
7. Every operator of a Class A or B adult entertainment parlour shall, if adult books
and videos are on display to the public, place the adult books and videos:
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(a) at a height of 1.67 metres (5 feet 6 inches) or more above floor level and
behind an opaque barrier of a size and nature so that the cover or
container of every such book or video while on display, except for the
name thereof, may not be seen by any member of the public;
(b) within a supervised area of the premises, provided that no cover or
container of any adult books and video shall be visible to patrons outside
of the supervised area; or,
(c) within an adult entertainment parlour where the entire premises are clearly
labeled as being open only to persons 18 years of age and older, provided
that no container or cover of any Adult books and videos may be visible
from outside of such adult entertainment parlour.
8. No person shall own or operate a Class B adult entertainment parlour:
(a) on a lot which is within 400 metres (1312.3 feet) of any M4 zone in the
City; or,
(b) within 400 metres (1312.3 feet) of any lot on which is located any adult
entertainment parlour other than a Class A adult entertainment parlour
under this by-law.
9. Notwithstanding section 8 above, an Operator of a Class B adult entertainment
parlour that was operating legally on the date of the passage of this by-law, may
continue to operate at that premises, so long as he/she continues to operate the
Class B adult entertainment parlour in accordance with the law and to hold a
valid licence. Such Operator must comply with this by-law in all other respects.
10. Notwithstanding any other section of this by-law, an Operator holding a valid
Class C, D, or E adult entertainment licence, is exempt from the licensing
requirements applicable to Class A and Class B adult entertainment parlours and
the distance separations applicable to Class B adult entertainment parlours with
respect to a Class A or Class B adult entertainment parlour located on premises
for which the operator currently holds a Class C, D, or E adult entertainment
licence. Such Operator must comply with this by-law in all other respects.
Class C Adult Entertainment Parlours
11. No person shall operate a Class C adult entertainment parlour without having
made application and having received a licence issued in the name of the Council
by the Manager of Licensing or his/her delegate.
12. 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.
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13. Every Class C adult entertainment parlour operator shall clearly label the licensed
premises as prohibiting entry to persons under the age of eighteen years.
14. No Operator of a Class C adult entertainment parlour shall permit any adult goods
to be visible from outside of the premises.
15. 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 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.
16. Notwithstanding section 15 above, an Operator of a Class C adult entertainment
parlour that was operating legally on the date of the passage of this by-law may
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 by-law in all other respects.
Class D Adult Entertainment Parlours
17. No person shall own or operate a Class D adult entertainment parlour without
having applied to the City on the prescribed form and having received a licence
to operate a Class D adult entertainment parlour issued in the name of Council
by the Manager of Licensing or his/her delegate.
18. No person shall act as an attendant in a Class D adult entertainment parlour or
provide any Class D services as an attendant without having applied to the City
on the prescribed form and having received a licence issued in the name of
Council by the Manager of Licensing or his/her delegate.
19. Every applicant for a licence to operate a Clas
shall submit three passport size photographs
photographs shall be attached to the licence, tw
application, and upon application for renewal of
furnish new photographs, if required to do so.
photograph as a true photograph of his or her self
s D adult entertainment parlour
of his/her face, one of which
0 of which shall be filed with the
any licence, the applicant shall
The applicant shall certify each
20. Every applicant fora licence to act as an attendant in a Class D adult
entertainment parlour shall submit three passport size photographs of his/her
face, one of which photographs shall be attached to the licence, two of which
shall be filed with the application, and upon application for renewal of any
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licence, the applicant shall furnish new photographs if required to do so. The
applicant shall certify each photograph as a true photograph of his or her self.
21. No person shall own, operate, or permit to be operated a Class D adult
entertainment parlour in the City except in the locations in the City described as:
(a) main floor, 2271 Kingsway Drive; and,
(b) upper floor, 1412 Victoria Street North.
22. No attendant shall perform or provide Class D services in an adult entertainment
parlour in the City except in the locations in the City described as:
(a) main floor, 2271 Kingsway Drive; and,
(b) upper floor, 1412 Victoria Street North.
23. No owner or operator of an adult entertainment parlour shall permit an attendant
to perform Class D services in that adult entertainment parlour except in the
locations in the City described as:
(a) main floor, 2271 Kingsway Drive; and,
(b) upper floor, 1412 Victoria Street North.
24. The total number of Class D adult entertainment parlour locations in the City shall
not exceed two.
25. No operator shall operate more than one of the Class D adult entertainment
parlour locations.
26. When an operator's licence expires without renewal by the licence holder or an
operator's licence is otherwise surrendered or revoked, then upon receipt of an
application which otherwise complies with this Chapter, the Manager of Licensing
or his/her delegate shall carry out a selection process for a replacement operator
as follows:
(a) the available operator's licence shall be advertised in The Record, inviting
the submission of applications within a specified period of time;
(b) a draw shall be conducted from all of the submitted applications which
otherwise comply with the provisions of this Chapter; and
(c) the winner of the draw shall be granted an operator's licence for the
vacant location, or an alternate location approved by Council that
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conforms with the criteria set out herein for consideration of a new
location.
27. Council may consider a request to substitute a new location for an existing Class
D adult entertainment parlour provided that any requested new location shall
conform to the following:
(a) the Class D adult entertainment parlour shall be located on lands zoned
C6;
(b) the lands on which the Class D adult entertainment parlour is located shall
not be within 100 metres (328 feet) of the lands of an existing school,
including an institutional daycare facility;
(c) the lands on which the Class D adult entertainment parlour is located shall
not be within 100 metres (328 feet) of the lands of an existing religious
institution;
(d) the lands upon which the Class D adult entertainment parlour is located
shall not face any part of the lands of any existing residence across the
street;
(e) the side property line of the lands upon which the Class D adult
entertainment parlour is located shall not abut the lands of any existing
residence;
(fl the Class D adult entertainment parlour shall not have a total floor space
greater than 125 square metres (1346 square feet);
(g) the lands upon which the Class D adult entertainment parlour is located
shall not include an existing residence; and,
(h) the lands upon which the Class D adult entertainment parlour is located
shall not be within 400 metres (1312 feet) of any M4 Zone or of any lands
upon which is located any other adult entertainment parlour, other than a
Class A adult entertainment parlour licensed hereunder.
28. Before Council decides to approve or reject a request to substitute a new location
for an existing location, the Manager of Licensing or his/her delegate shall
provide a report on the suitability of the new location having regard to:
(a) the compliance of such a request with all the provisions of this Chapter;
and,
(b) any existing uses, in addition to the uses in section 27 within 100 metres
(328 feet) of the new location.
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29. Every operator of a Class D adult entertainment parlour shall not employ any
person other than an attendant licensed under the provisions of this Chapter to
act as an attendant in a Class D adult entertainment parlour.
30. Every operator of a Class D adult entertainment parlour shall, during the term of
employment of any attendant, retain such attendant's licence in his/her
possession.
31. Every operator of a Class D adult entertainment parlour shall whenever he/she
employs an attendant, within forty-eight hours thereafter, notify the Manager of
Licensing or his/her delegate that he/she has employed such attendant, and
when any attendant leaves the employ of such operator, the operator shall within
forty-eight hours thereafter, notify the Manager of Licensing or his/her delegate to
such effect, giving reasons therefor.
32. Every operator of a Class D adult entertainment parlour shall keep his/her
operator's licence and each attendant's licence in his/her possession on the
premises of the Class D adult entertainment parlour and available for inspection
by the License Inspector, by-law or municipal law enforcement officer, or the
Waterloo Regional Police Services at any reasonable time.
33. Every operator of a Class D adult entertainment parlour shall ensure that there
are no locks on the door of any room where an attendant provides services and
that there is unencumbered access to and egress from such a room at all times.
34. Every operator of a Class D adult entertainment shall include or have included in
every advertisement of his/her business:
(a) the operator's legal name as shown on his/her licence or the name, if any,
under which the operator carries on the Class D adult entertainment
parlour business as shown on his/her licence; and,
(b) the operator's current licence number.
35. No owner or operator of a Class D adult entertainment parlour shall permit any
attendant to provide Class E services at the Class D adult entertainment parlour.
36. No owner or operator of a Class D adult entertainment parlour shall permit any
person under the age of 18 years to enter or remain in the Class D adult
entertainment parlour or any part thereof.
37. No owner or operator of a Class D adult entertainment parlour shall permit a hot
tub on the premises of his/her adult entertainment parlour.
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38. No owner or operator of a Class D adult entertainment parlour shall permit any
person within the adult entertainment parlour to touch the genitalia or the
perineal, pubic, or anal area of another person within the Class D adult
entertainment parlour.
39. No attendant at a Class D adult entertainment parlour shall provide Class E
services at a Class D adult entertainment parlour.
40. No attendant at a Class D adult entertainment parlour shall permit any person
under the age of 18 years to enter or remain in the Class D adult entertainment
parlour or any part thereof.
41. No attendant at a Class D adult entertainment parlour shall touch the genitalia or
the perineal, pubic or anal area of any person in the adult entertainment parlour
and shall not permit any person in the Class D adult entertainment parlour to
touch the attendant's genitalia, perineal, pubic or anal area.
Class E Adult Entertainment Parlours
42. No person shall own or operate a Class E adult entertainment parlour in the City
without having made application and received a Class E Adult Entertainment
parlour licence issued in the name of Council by the Manager of Licensing or
his/her delegate.
43. No person shall own, operate or permit to be operated a place where attendants
provide Class E Services in the City, without having made application and
received a licence to operate a Class E adult entertainment parlour issued in the
name of Council by the Manager of Licensing or his/her delegate.
44. No person shall own, operate, or permit to be operated a Class E adult
entertainment parlour except in the areas of the City described as:
(a) 1271 Victoria Street North, Lots 5 to 7 both inclusive, Plan 769; and,
(b) 6 Bridge Street West, Lot 6, Plan 577 and Part of Lot 59, German
Company Tract.
45. The total number of Adult Entertainment Parlour - Class E licences in the City of
Kitchener which may be issued under and in accordance with this by-law shall
hereby be limited to two (2).
46. When an operator's licence expires without renewal by the licence holder or an
operator's licence is otherwise surrendered or revoked, then upon receipt of an
application which otherwise complies with this Chapter, the Manager of Licensing
or his/her delegate shall carry out a selection process for a replacement operator
as follows:
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(a) the available operator's licence shall be advertised in The Record, inviting
the submission of applications within a specified period of time;
(b) a draw shall be conducted from all of the submitted applications which
otherwise comply with the provisions of this Chapter; and,
(c) the winner of the draw shall be granted an operator's licence for the
vacant location, or an alternate location approved by Council that
conforms with the criteria set out herein for consideration of a new
location.
47. In the event that either of the permitted locations ceased to exist, one adult
entertainment parlour Class E will be permitted in a B-4 (Commercial Business
Park Zone), provided the new location is approved by Council and shall also
conform to the following:
(a) the Class E adult entertainment parlour shall be located on lands zoned
B4;
(b) the lands on which the Class E Adult Entertainment Parlour shall not be
within 100 metres (328 feet) of the lands of an existing school, including
an institutional daycare facility;
(c) the lands on which the Class E adult entertainment parlour is located shall
not be within 100 metres (328 feet) of the lands of an existing religious
institution;
(d) the lands upon which the Class E adult entertainment parlour is located
shall not face any part of the lands of any existing residence across the
street;
(e) the side property line of the lands upon which the Class E adult
entertainment parlour is located shall not abut the lands of any existing
residence;
(f) the lands upon which the Class E adult entertainment parlour is located
shall not include an existing residence; and,
(g) the lands upon which the Class E adult entertainment parlour is located
shall not be within 400 metres (1312 feet) of any M4 Zone or of any lands
upon which is located any other adult entertainment parlour, other than a
Class A adult entertainment parlour licensed hereunder.
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48. Before Council decides to approve or reject a request to substitute a new location
for an existing location, the Manager of Licensing or his/her delegate shall
provide a report on the suitability of the new location having regard to:
(a) the compliance of such a request with all the provisions of this Chapter;
and,
(b) any existing uses, in addition to the uses in section 47 within 100 metres
(328 feet) of the new location.
49. No owner or operator of an adult entertainment parlour shall permit an attendant
to perform Class E services at the adult entertainment parlour except in the area
of the City described as:
(a) 1271 Victoria Street North, Lots 5 to 7 both inclusive, Plan 769;
(b) 6 Bridge Street West, Lot 6, Plan 577 and Part of Lot 59, German
Company Tract.
50. No attendant shall perform or provide Class E services in an adult entertainment
parlour except in the areas of the City described as:
(a) 1271 Victoria Street North, Lots 5 to 7 inclusive, Plan 769;
(b) 6 Bridge Street West, Lot 6, Plan 577 and Part of Lot 59, German
Company Tract.
51. No operator shall operate more than one Class E adult entertainment parlour.
52. 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.
53. No attendant shall provide Class D services in any Class E adult entertainment
parlour.
54. No owner or operator of a Class E adult entertainment parlour shall permit any
attendant to physically contact any other attendant:
(a) in any prohibited body area; or,
(b) in any manner other than ordinary and non-erotic physical contact as may
be found in any business setting.
55. No owner or operator of a Class E adult entertainment parlour shall permit any
attendant to physically contact any person within the adult entertainment parlour:
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(a) in any prohibited body area; or,
(b) in any manner other than ordinary and non-erotic physical contact as may
be found in any business setting.
56. No owner or operator of a Class E adult entertainment parlour shall permit any
person to physically contact an attendant within the adult entertainment parlour:
(a) in any prohibited body area; or,
(b) in any manner other than ordinary and non-erotic physical contact as may
be found in any business setting.
57. No attendant at a Class E adult entertainment parlour shall permit himself or
herself to be physically contacted by any other attendant within the adult
entertainment parlour:
(a) in any prohibited body area; or,
(b) in any manner other than ordinary and non-erotic physical contact as may
be found in any business setting.
58. No attendant at a Class E adult entertainment parlour shall physically contact any
person within the adult entertainment parlour:
(a) in any prohibited body area, or,
(b) in any manner other than ordinary and non-erotic physical contact as may
be found in any business setting.
59. No attendant at a Class E adult entertainment parlour shall permit himself or
herself to be physically contacted by any person within the adult entertainment
parlour:
(a) in any prohibited body area; or,
(b) in any manner other than ordinary and non-erotic physical contact as may
be found in any business setting.
60. Every owner or operator of a Class E adult entertainment parlour that permits an
amateur or unpaid individual to perform or provide Class E services at the adult
entertainment parlour, whether as a participant in a contest or otherwise, shall
ensure that the individual abides by the rules of this by-law applicable to Class E
attendants.
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61. An attendant providing or performing Class E services while in a Class E adult
entertainment parlour:
(a) shall ensure that he/she provides or performs all Class E services in a
Designated Class E Entertainment area; and
(b) shall not provide or perform services in any private or enclosed area, area
to which access is not available to all patrons equally, area where lighting
is reduced so that visibility is obstructed, or any Visually Restricted Area.
62. Every owner and every operator of a Class E adult entertainment parlour shall
ensure that an attendant providing or performing Class E services within the
Class E adult entertainment parlour:
(a) does so only while in a Designated Class E Entertainment area; and,
(b) does not provide or perform services in any private or enclosed area, area
to which access is not available to all patrons equally, area where lighting
is reduced so that visibility is obstructed, or any Visually Restricted Area.
63. Every owner and every operator of a Class E adult entertainment parlour shall
post notices in the attendants' dressing rooms and at all public entrances and in
the washrooms which includes the words "physical contact is prohibited".
64. Every owner and every operator of a Class E adult entertainment parlour shall:
(a) ensure that washrooms are regularly monitored by security staff and that
washrooms are inspected at least once every 30 minutes during business
hours; and,
(b) post outside the entrance of each of the washrooms and within each of the
washrooms, in a location easily visible to patrons, a sign stating
"Washrooms regularly monitored by security staff. Illegal activities will
result in prosecution to the fullest extent of the law."
Applications
65. (1) Every application hereunder shall be accompanied by the applicable
licence fee set out on Schedule "B" hereto and any documentation or
forms required by the Manager of Licensing.
(2) Every application for a Class E Adult entertainment parlour licence shall
include a floor plan which shows all areas in which Class E Services are
intended to be provided. Such floor plan shall show all items, materials,
pillars, objects, and furniture exceeding thirty-six (36) inches in height.
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66. Every person shall advise the City's licensing office in writing forthwith, and in
advance where possible, of any change to information already provided to the
City on the application.
67. (1) Upon receipt of an application, the Manager of Licensing shall make or
cause to be made all investigations which he/she deems necessary or
which are required by Council relative to the application.
(2) The Manager of Licensing may require the applicant to have investigations
conducted by, to obtain documentation from and provide to the Manager
of Licensing, or have documentation provided by any of the following or
their designates: the Chief Fire Prevention Officer, Chief Building Official,
Manager of Design and Development, Regional Medical Officer of Health,
Director of Enforcement, Electrical Safety Authority, the applicant's local
Police Services Board and the Waterloo Regional Police Services.
68. Every licence issued under this Chapter shall be for the calendar year current at
the time it is issued and shall expire on the 31St day of the December immediately
following the date of such licence unless the licence is revoked or surrendered at
an earlier time or Council specifies an earlier expiry date.
69. Every licence issued hereunder is issued on the condition that it is personal and
that it applies only with respect to the specified location and no person shall
assign or transfer the licence.
70. Every holder of a license issued hereunder shall ensure that the business or
operation licensed by the City shall be conducted in conformity with the
provisions of any applicable Federal or Provincial Act, and any regulation made
thereunder, and any by-law of the City purporting to govern or regulate the said
operation.
71. For the purposes of this by-law, a certificate, setting out with reasonable
particularity, the finding of guilt or conviction in Canada of a person, signed by
the person who made the adjudication or the clerk of the court where the
adjudication was made is admissible in evidence and is proof, in the absence of
evidence to the contrary, of the facts stated therein without proof of the signature
or the official character of the person appearing to have signed the certificate.
72. No holder of a license issued hereunder shall permit, infringe or do, directly or
indirectly, anything that infringes a right set out in the Human Rights Code,
R.S.O. 1990, Chapter H. 19 in relation to or during the carrying on of the trade,
calling, business or occupation in respect of which the licence is issued.
73. No holder of a licence issued shall refuse to permit a dog that has been trained at
an accredited facility, while being used as a working dog to assist a disabled
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person, to enter and remain on his/her premises during the carrying on of the
trade, calling, business or occupation in respect of which the licence is issued.
74. Every person holding a licence issued hereunder, where the licence applies to
premises, shall keep his/her licence posted in a conspicuous place in the
licensed premises and shall ensure that the said licence remains so posted
during the time it is in force.
75. 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 by the Waterloo Regional Chief of
Police or any Police Officer, Licence Inspector, the Fire Prevention Officer, the
Director of Building, the Director of Enforcement and 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.
76. Notwithstanding section 75 herein, inspections of space being used as a dwelling
unit shall be conducted in accordance with the provisions of the Municipal Act,
2001, S.O. 2001, c. 25.
77. Council hereby authorizes the Waterloo Regional Police Services or any officer
thereof to act as agent for the City for the purpose of enforcing this by-law.
78. The Manager of Licensing is hereby charged with the responsibility for the
enforcement of this Chapter and the City Solicitor, City Clerk, Director of
Enforcement and any other municipal official are hereby required to render the
Manager of Licensing any reasonable assistance in that regard.
General Provisions
79. No person shall act as an attendant or operate or permit to be operated any adult
entertainment parlour while a licence to do so issued under this Chapter is
suspended or revoked by Council.
80. No person shall contravene any condition imposed by Council on a licence
issued under this by-law.
81. Every person, other than a corporation, who contravenes the by-law, and every
director or officer of a corporation who concurs in the contravention by the
corporation, is guilty of an offence and on conviction is liable to a fine not
exceeding $25,000 or to imprisonment for a term not exceeding one year, or
both.
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82. Every corporation that contravenes this by-law is guilty of an offence and on
conviction is liable to a fine not exceeding $50,000.
83. It is hereby declared that each and every of the foregoing sections of this
Chapter is severable and that, if any provisions of this Chapter should for any
reason be declared invalid by any Court, it is the intention and desire of Council
that each and every of the then remaining provisions hereof shall remain in full
force and effect.
84. By-law 2004-271, By-law 2006-64, By-law 2006-228, By-law 2007-28 and the
contents of Chapter 502 of The City of Kitchener Municipal Code are hereby
repealed.
85. The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and
numbering it so as to fit within the scheme of the Code.
PASSED at the Council Chambers in the City of Kitchener this ~ day
1
of ~ , A. D. 2008.
C~AI'/Ci
Mayor
i
Clerk
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Schedule "A"
BUSINESS LICENCE PROCEDURE
Upon receipt of a complete licence 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.
2. Save as otherwise provided herein, every licence issued or renewed pursuant to
this Chapter shall be issued in the name of Council by the Manager of Licensing.
3. The Manager of Licensing shall not process an application where that application
is incomplete. An application will be deemed incomplete where:
(a) required information has not been provided on the application form;
(b) information or documentation required by the Manager of Licensing as
part of the application process has not been provided;
(c) the prescribed licence fee is unpaid;
(d) the Manager of Licensing has received an unsatisfactory report regarding
an investigation carried out pursuant to this Chapter of The City of
Kitchener Municipal Code or any other by-law of the City and the
conditions causing the report to be unsatisfactory have not been
remedied; or,
(e) in the case of a Class E Adult entertainment establishment, the Manager
of Licensing has not received a floor plan showing a satisfactory area in
the Class E Adult entertainment establishment where Class E Services
will be provided.
4. Where the Manager of Licensing receives an incomplete application, the
Manager of Licensing shall, where an address or other contact information has
been provided, notify the applicant that the application is incomplete and of the
steps required to complete the application.
5. Where the Manager of Licensing decides an application is incomplete, the
applicant shall have the right to appeal that decision to Council or a Committee of
Council.
6. If the Manager of Licensing is unable to determine whether an application is
incomplete, he/she may refer the matter to Council or a Committee of Council for
consideration.
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7. The Manager of Licensing shall refer an application or a licence to Council or a
Committee of Council where:
(a) the applicant or licensee does not meet the requirements of this Chapter
or any other applicable law or by-law;
(b) there are reasonable grounds for belief that an application or other
document provided to the Manager of Licensing by or on behalf of an
applicant or licensee contains a false statement or provides false
information;
(c) the past or present conduct of any person, including the officers, directors,
employees or agents of a corporation, affords reasonable cause to believe
that the person will not carry on or engage in the business in accordance
with the law or with honesty and integrity;
(d) without limiting the generality of section 7(c), any person, including the
officers, directors, employees or agents of a corporation, has contravened
this Chapter or any other by-law or federal or provincial statute or
regulation while engaged in or conducting the business;
(e) any special conditions placed on a former or current licence of the
applicant or licensee under this Chapter have not been met; or,
(f) the provisions of this Chapter provide grounds not to issue or renew in the
circumstances.
8. When any matter has been referred or appealed to Council or a Committee of
Council, the applicant or licensee shall be given reasonable notice of the time
and place of the hearing and shall be invited to make submissions.
9. When any matter has been referred or appealed to Council or a Committee of
Council, after due consideration of the application or licence and after Council or
a Committee of Council has heard such representations as the applicant or
licensee and staff may care to make, Council may direct that the license be
issued or renewed, or may refuse, suspend, revoke or add conditions to a licence
where:
(a) the applicant or licensee does not meet the requirements of this Chapter
or any other applicable law or by-law;
(b) information or documentation required by the Manager of Licensing as
part of the application process has not been provided;
(c) the application is incomplete or the prescribed licence fee is unpaid;
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(d) the Manager of Licensing receives an unfavourable report regarding an
investigation carried out pursuant to Chapter 500 of The City of Kitchener
Municipal Code or any other by-law of the City;
(e) there are reasonable grounds for belief that an application or other
document provided to the Manager of Licensing by or on behalf of an
applicant or licensee contains a false statement or provides false
information;
(f) the past or present conduct of any person, including the officers, directors,
employees or agents of a corporation, affords reasonable cause to believe
that the person will not carry on or engage in the business in accordance
with the law or with honesty and integrity;
(g) without limiting the generality of section 9(f), any person, including the
officers, directors, employees or agents of a corporation, has contravened
this Chapter or any other by-law or federal or provincial statute or
regulation while engaged in or conducting the business;
(h) any special conditions placed on a former or current licence of the
applicant or licensee under this Chapter have not been met;
(i) the provisions of this Chapter provide grounds not to issue or renew in the
circumstances; or,
Q) the applicant or licensee has consented to the refusal, suspension,
revocation or adding of conditions to the licence.
10. Where a licensee is convicted of an offence under any federal or provincial act,
any regulation made thereunder, or any by-law of the City in relation to or during
the carrying on of the trade, calling, business or occupation licensed hereunder,
the licence may be suspended forthwith by Council until such time as the matter
can be heard and finally determined by Council.
Schedule "B"
FEES
1. Subject to section 4 herein, each person, applying for a licence in respect of a
trade, occupation, calling or business hereunder, shall pay the fee set out in this
Schedule respecting licensing of that particular trade, occupation, calling or
business. Fees paid shall be returned to the applicant if the application for a
licence is denied.
2. All licence fees set out in this Schedule are annual fees unless otherwise
indicated.
3. (1) Subject to section 3(2) hereof, in those cases where a licence is
surrendered by a person ceasing operation, and not due to Council's
revocation of said licence, the licence fee shall be partially refunded
according to the following formula:
(a) for a person ceasing operation from January 1St to March 31St in any
year:
-for surrender - 75 per cent (75%) of the annual fee;
(b) for a person ceasing operation from April 1St to June 30th in any year:
- for surrender - 50 per cent (50%) of the annual fee; and,
(c) for a person ceasing operation from July 1St to December 31St in any
year:
-for surrender - no refund.
(2) No refund shall be given for any licence for which the fee payable for the
full year is Fifty ($50.00) Dollars or less.
4. Where an applicant pays or is required to pay licensing fees for more than one
licence with respect to the same business location and where an inspection
under one licence application satisfies an inspection requirement of another
license application, Council hereby delegates authority to the Manager of
Licensing, and directs the Manager of Licensing to:
(a) refund to the applicant the portion of any licensing fee paid as necessary
to ensure that the applicant only pays one time for each required
inspection, or,
(b) to waive payment of the portion of any licensing fee payable as necessary
to ensure that the applicant only pays one time for each required
inspection.
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5. The necessity of an inspection referred to in section 4 will be in the sole
discretion of the Manager of Licensing.
2008 Fees
Category Original
Licence Fee Renewal
Fee Late
Fee
Class A Entertainment Parlour $309.00 $76.00 $186.00
Class B Entertainment Parlour $563.00 $76.00 $186.00
Class C Entertainment Parlour $582.00 $87.00 $197.00
Class D Entertainment Parlour -Attendant
Class D Entertainment Parlour- Operator $85.00
$3,500.00 $85.00
$3,500.00 $85.00
$3,610.00
Class E Entertainment Parlour $4,200.00 $4,200.00 $4,310.00