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HomeMy WebLinkAboutCRPS-08-037 - Referral to Licensing Hearing - 2027625 Ontario Ltd o/a The Doll House - 6 Bridge St WREPORT Report To: Councillor B. Vrbanovic, Chair and Members of the Finance and Corporate Services Committee Date of Meeting: March 3, 2008 Submitted By: R. Gosse, Director of Legislated Services/City Clerk Prepared By: Patricia Harris, Manager of Licensing Wards}Involved: 1 Date of Report: February 26, 2008 Report No.: CRPS-08-037 Subject: REFERRAL TO LICENSING HEARING -2027625 ONTARIO LTD. O/A THE DOLL HOUSE - 6 BRIDGE STREET WEST 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 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. Licence renewal under this Chapter in 2008 are due by February 29th and in reviewing the renewal application for 2027625 Ontario Ltd. o/a The Doll House located at 6 Bridge Street West, 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 the application be 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. The Doll House, located at 6 Bridge Street West, has had a Class E Adult Entertainment Parlour Licence since 2005. Based on information received from the Waterloo Regional Police Services, a hearing regarding the licence issued to the owners of the Doll House took place in October 2006. This resulted in an agreement between the owners and the City to have conditions placed on the current licence and future licences and, that the licence would be suspended for a period of 2 weeks. Another hearing was held in December of 2007 based on information received from the City's by-law enforcement officers. This resulted in the VIP area of the establishment being modified significantly and a licence suspension which was to take place no later than February 29, 2008. Since the completion of the licensing hearing in December of 2007, City staff has made several inspections, and information received from those inspections has led the Manager of Licensing to believe that the Doll House is not in compliance with the provisions of Chapter 502. For this reason, the Manager has decided to refer the current application of the Doll House owners once more to a Committee of 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 April 30, 2008. 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 the Doll House} and their legal counsel have been notified and have received a copy of this report. (MRS) PATRICIA HARRIS MANAGER OF LICENSING