HomeMy WebLinkAboutCL 11/99���`I � � '
ONOFp
,�0 �
�
REPORT TO COUNCIL
FROM: Bruce Taylor, AMCT, CMM DATE: March 9, 1999
Town Clerk
REPORTNUMBER: CL 1I/99
SUBJECT: Licence and Regulate Adult Videotepes
RECOMMENDATION:
fhat tha drafl by-law respecting the licensing, regulating and governing of adult video�ape stores,
end for regulating videotepe stores in which adult videotapes are provided ba fonvarded to
Councii for enactment.
ORIGIN:
Resolution H238/98 passeJ on December 7, �998
AUTHORITY:
Section 225 ofthc Municipal Act
PMANCIAL IMPUCATIONS:
Additional revenuc of $ I,500 per year from licensing fees
BACKGROUND;
Please be advised that Councii passed the following resolution at its regular meeting of December
7, 1998:
WIiEREAS a concern has been esprcaeed by parents of yaung children ihat
video �hops and other oullete are dleplaying videoa, magazints and olher
mAler(ate thet appeal or is deaigned to appeal Io erotic or seival appetites or
tnclinAtions; and
Wf1EREAS it te eppropriAte that the ownen or aperatoro of theae atores
enaure Ihat thi� materirl cannot be eaaily viewed by children or young teens
under the age of eighteen yean of Age; and
WHEREAS Section 225(2) of the MunldpAl Act allow Councils to pasa by-
IAwi to regulAle Ihe piacemenf of prfnled mAtter And other communication
devtce, �uch ya video�, in itora;
{,. ,,
� 2
NOW THEREFORE the Council of the Corporation of the Town of 121�
Pickeriag hereby direcb the Town Clerk to prep�re a bydww thAt will
regu4te the pl�cement of printed m�tter, videoi �nd mAtcri�la that are
daigned to �ppeal to erotfc or u:u�l �ppet(te� or InclinaUona ln �uch a
manner so �e not to be esaily avail�ble to cdildrcn or teena under the ege of
eighteen yeare
The above resolution was sponsored by Councillor Ryan as a Notice of Motion and 1 have
worked with him in tha development of the attached draft by-Isw. I understand that Councillor
Ryen hes sought the input of at least two owners of videotepe stores on the by-law and that thcy
have concurred with it.
The features of this by-law are as follows:
I. Only one adult videotape store will be permitted in the industrial area south of Bayly
Street as shown in Schcdule II af the by-law. This is the same area that adul�
entertainment parlours are permitted.
2. The adult videotape store located at 1725 Kingston Road beside the Mandarin Restaurant
will have legal, non•conforming status and will be able to continue to operate, however, it
will be subject to the regulations of this by-law. Once this store ceases to operate, then
only one store would be permitted in tha industrial area.
3. There is no requirement for the standard videutape stores such as Rogers Video,
Blockbuster, Jumbo, etc. to be licensed. They are subject to the regulations set oul in the
draR by-law respecting iha placement of adult videotapes.
4. The licence fee payable by the owner and/or operator of an adult vidcotape store is S I,500
per year.
5. Oniy persons who are IS years of age or older may enter an adull videotapc store or n
section in a standard videotape store that displays adult videotapes and signs to this efl'ect
must be posted.
6. Adult videotapes that are displaycd in a standard videotapc store shall be displaycd in such
a manner that they cannot be seen from tf�e inside or outside of thc storc.
ATTACMNENTS:
l. Draft By-law
Prepared y:L�
��
Btuce Taylor, AMCT, CRIIvI
Town Clerk
Attachments
Copy: - Solicitor
Recommended,or the wnsideration of
Pickering Town :,ouncil
� K /
1. Qoi ,
T
Chief Administrative O�cer
1'22
THE CORPORATION OF THE TOWN OR PICKERING
BY•LAW N0.5474/99
Being a bylaw respecting the licensing, regulating
and goveming of adult videotape stores, and for
regulating videotape stores in which adult
videotapes are provided.
WE�REAS Part XVII.I o£ the Municipal Act, R.S.O. 1990, c. M.45, as amended (the "Act"),
provides for the licensing, regulating and goveming of businesses by local municipalities;
AND Wi�REAS section 225 of the Act also specifically authorizes councils of all municipalities
to pass by-laws for licensing, regulaling, goveming, classifying and inspecting adult entertainment
parlours or any class or ciasses thereof and for revoking or suspending any such licence;
AND WF�REAS "adult entertainment parlour" is defined in subsection 225(9) of the Act to
mean any premises or paR thereof in which is provided in pursuance of a trade, calling, business
or occupation, goads or services appealing ta or designed to appeal to erotic or sexual appetites
or inclinetions;
AND WIIEREAS "goods" are defined in subsection 225(9) of the Act lo include books,
magazines, pictures, slides, films, phonograph records, pre•recorded magnetic lake and other
reading, viewing or listening matter;
AND WHEREAS the Council of �he Corpuration of the Town of Pickering (the "Council" of the
"Town") has deemed it desirable to enact a Bylaw for the licensing, regulating and governing of
adult videotape stores as a class of adult entertainment parlour pursuant to the provisions of the
Act referced to above;
AND WFIEREAS subsection 225(3) of the Act provides ihat, despite subsection 257.?(4) of �he
Act, a by-law passed under section 225 of �he Act may define the nrea or areas of Ihe municipality
in which adult entertainment parlours or any class or classes thereof may or may not operate and
may limit�the number of the licences to be granted in respect of adult entertainment parlours or
any class or classes thereof in any such area or areas in which they are permitted;
AND WE�REAS the Council decros it desirable to enacf a bylaw defining areas of the Town in
which, subject to all other applicable law, adult videotape stores may operate, and areas in which
adult videotape stores may not operaie, and limiting Ihe number of licences to be granted in
respect of adult videotape stores in the Town;
NOW TI�REEORE the Council of ihe Corporation of the Town of Pickering ENACTS as
Collows:
DEFRJITIONS
I. In this Bylaw:
(a) (i) "adult videotape' means any videotape ihe content of which is designed or
held out as designed, to appeal to erotic or sexual appetiles or inclinations,
through the pictorial, photographic or other graphic depiction of subject-
matter distinguished or characterized by the panrayal of one or more
persons involved or engaging in specified sexual ectivilies, ar by an
emphasis on ihe display of human specified body areae;
(ii) in the absence of evidence to the contrary, a videotape clessified by the
Ontario Film Review Boerd as "restricted", with the edded description
"edult sex film", shall be deemed to be an adult videotape;
' 2 123
(b) "adult videotepe area" means en identifiable pert of any premises, which pan is
used for the provision of adult video tepes;
(c) '"adult videotape store" means any premises:
(i) subject to section 3, used for the carrying on of the business of Ihe
provision of exclusively adult videotapa; or
(ii) in which adult videotapes are provided in the pursuance of a business and
to which premises entry by persons under the age of IS years is prohibited,
or in respect of which premises it is advertised or notice is given that such
entry is prohibited; or
(iii) in which adult videotapes are provided in the pursuance of a business and
in respect of which it is adveAised, or notice is given either by signs or
other advertising devices on or in the premises, or othenvise, that the
premises are an "adult video store', an "adult videotape store", an "adult
video rental store", or which are olhenvise described by words of like
meaning;
(d) "committee" means a committee of the Council appointed by by-law to conduct j
one or more, hearings under the provisions of this Bylaw; j
(e) "Council" means ihe Council of the Corporation of the Town of Pickering; ,
(� "Manager" means the hlanager of the Bylaw Enforcement Services Division or, in
his or her absence, any person authorized ro fulfill the responsibilities of Ihe
Manager;
(g) "Licensing Section" menns the Licensing Section of the Bylaw Enforcement
Services Division of the Town;
(h) "operator" includes a proprietor, or any other person who alone or with others,
munages, supervises, runs or controls a videotapa srore;
(i) "owner" means a person who alone or with olhers has a righl to possess or occupy
a videolape store or actually does possess or occupy a videotape store, and
includes a lessee of a videotape store or of premises upon which a videotape slore
is located;
(j) "premises" includes a building or any part thereof, and any place;
(k) "lo provide" when used in relation to any videotape, means to sell, offer to sell or
display for sale by reiail, or to rent, ofTer to rent ar disp!ay for rental, whether or
not the cost, fee or other consideration passes at the time of such rental or sale, or
is'effected through the cost of inembership, subscription, admission or any other
manner,
(I) "Town" means the Corporation of the Town of Pickering;
(m) "specified body areas" means any one or more of the follawing:
(i) in the case of a female person, her areolae; and
(ii) in the case of all persons, the genilais and the anus;
(n) "specifled sexual activities" means one or more of the folfowing:
ectual or simulated sexuai intercourse, mesturbation, urination, defecation,
ejeculation, sodomy, including bestiality, anal intercourse, and oral se�el
inlercourse, direct physicel stimu�etion of unclothed genitat orgens, and
(lagelletion or torture in ihe context of a sexual reletionship or activity;
il ,
: '124 '
(o) "videotape" means cinematographic film, videotape and any other medium from
which may be produced visual imeges that may be viewed as moving picture�;
�(p) "videotape store" means any premius or part thereof in which videatapes are
provided in the pursuance of a business, and includes an adult videotape store.
LICENCE REQUIItEIv�NT
2. There shali be taken out by every owner and every operator of an edult videotape store a
licence from the Council authorizing him or her to carty on such business in the Town, for
which licence the person obtaining same shall pay to the Council, at or before the time of
taking out such licence, the fee fixed by this Bylaw, and no person shall, within the limits
of the Town, carry on or engage in such business until he or she hae procured such licence
so to do.
3. The regulations contained in this By-law relating to the display of adult videotapes and to
the prohibition of admission to all or part of premises by persons under the age of IS
years, shall apply to all videotape stores.
DEFINED AREAS AND LIMITATION ON NUMBERS OF LICENCES
4. (I) The area of the 1'own defined in Schedule 2 to this By-law, which Schedule shall
be deemed to 6e part of this Uylaw, is an area in which one adult videotape store
may operate end no adult videotape stores are permitted to operata in any other
area or areas uf i;ie Town.
I
(2) No person shall operate an adult videotape store in the Town except as permitled i
under this By-law and pursuant to a licence issued under this Bylaw. ;
ADMIh11STRATION
5. The Licensing Section shall:
(a) receive end process all appl�calions far licences required under this Dylaw;
(b) ndminister the issuance of licences in accordance with the provisions of Ihis Uy-
law;
(c) maintain and keep records of all applications received and licences issued;
(d) generally perform administrative functions incidental and necessary to Ihe due
adminisiration and enforcement of this By-law.
APPLICATIONS FOR LICENCES
6. (I) Every person applying for a licence under this Bylaw shall file with the Licensing
Section a duly completed application form provided by the Licensing Seclion, in
which the applicant shall provide all infortnation sought in such application form.
(2) The applicant shall, at the time of the filing of the application form required under
subsection (1), deliver ro the Licensing Section the following:
(a) cash, money order or certified cheque in the amount of Ihe licence fce,
fixed pursuant to Schedule I of this By-law, for avery licence required
under ihis Bylaw or for the renewei thereof;
(b) if the applicant is a corporation, e copy of the incorporaling documrnt and i
of the last ennual information retum filed, and a list of the names and home �
addresses of the directors, shareholders end offcers of Ihe cotporation and ,I
of any corporation having an interest, direct or indirect, in the adult
videotape store; and ;;
4 12J
(c) if the epplicent is e partnership, a list of the nema and home addrases of
' the pnrtners, and if a regislered partnership, a copy of the registered
declaration of partnership.
7. Every application form shell include a requirement that the applicant provide at least the
following infortnation:
(a) the name end address ofthe applicant;
(b) the address of the applicant and of the intended licensee, to which ihe Town or ils
Licensing Section may send or deliver any notice ar other document required ar
authorized by law;
(c) the municipal address of each building, premises or place in respect of which a
licence is sought and where a business licensed or required to be licensed is or is
intended to be carried on;
(d) the name and address of the owner of any building, premises or place in which any
such business is to be carried on;
(e) any trade or business description to be used in relation to the business; ��
(� the telephone number of such businesr, �
(g) a record of ull ofTences, other than offences relating to mntor vehicles, under any
bylaw, provincial stalute or federal statute in respect oFwhich the applicant, if Ihe
applicant is an individual, any of ihe partners, if the applicant is a partnership, or j
any of ihe direclors, shareholders and ofTcers of a corporalion, if the applicant or
any party having a direct or indirecl intercsl in the business, is a corparalion, has or
have been convicted; and
(h) the measuremenls of the iloor area in Ihe premises in which videotapes are or are
to be displayed or providcd, and of thc arca, if such is smaller, uscd or lo bc used
for ihe provision or Jisplay of adull viJeolapes.
i8• (I) If the applicant is not an individual, the application form shall be completed and
�� updated from time lo time as Ihis Bylaw requires, by an individual duly aulhorized
� by the applicant to execute such form on 6ehalf of ihe applicant and binding upon
i it, and ihe individual completine such form shall sign the form, certifying ihe iruth
;i and completeness of the informa�ion provided iherein.
i) (2) The provisions of this Bylaw relaling lo an applicatian for a licence shall apply,
with nectssary modifications, to an application for the renewai oF a licence or to
amend a licence or a condition of such licence, except that where the applicant
,' . notifies the Licensing Section in wriling that the information on file wi�h ihe
( Licensing Seclion has not changed, �he applicant shall not be required �o compie�e
i a new application form or amendment thereto in respect of an application far
i renewal.
9. (I) Upon the receipt of an application furm by ihe Licensing Section, the Manager
shali carry out such investigation or verification relating to the application as he or
she may deem necessary for the purposes of the administration of this Bylaw and,
if the investigalion or any other information availabie to the Manager discloses no
reasonable grounds to believe that the application is not in campliance with the Dy-
law, or Ihat iha applicant may not be entilled to the issuance of a licence on ihe
grounds referred to in this By-law or by rcason of any other provision oF this Dy
law or other applicable law, may issue the licence.
'12 G
(2) If the invesligetion or any other information evailablc to thc Maneqer discloses
reasonable grounds to bclieve that the applicent may not be entitled to the issuance
of a licence on grounds referted to in this By-law, or by reason of any other
provision of this Bylaw or other applicable law, or if for any other reason the
Manager does not issue the licence applied for, the Manager shali forthwith cause
• notice of this fact and the reasons therefor to be served upon the applicant at the
address shown on the epplication form, and refer the matter to the Council, or to a
committee esteblished by bylaw of the Council for the holding of a hearing under
this By-law.
(3) The Manager shall, in any notice served under subsection (2), include in such
notice a statement that the applicant may require a hearing of the application by the
council or a committee of the Council, 9s the case may be, by serving a notice in
writing tu that effect upon the Manager within IS days of the date of the notice,
and a statement that if no such natice is scrved by the applicant the application may
not be granted and the applicant will not be entitled lo any further notice in t;ie
proceedings,
(4) Where the Manager receives notice &om an applicant requiring a hearing in
accordance with tliis section, the Manager shall forthwith refer the application to
the Council or committee as the case may be, for a hearing.
(5) Where the Manager does not receive notice from an applicant requiring a hearing
in accardance with this section, the Manager need not process lhe applicaiion
funher, and no further notice is required to be served upon the applicant.
(6) Where an applicalion has been referted to the Council or a commiltee for a hearing
under this section, and the applicant does not attend before the Council or
committee at the time and place of which noiice has been served upon such
applicant in accordance with this By-law, the Council or the Cammittee may hold a
hearing in the absence of the applicant or may decide to take no further action with
respect to lhe application, and no further notice is required lo be served upon the
applicant.
10. Where the Manager has referzed an applicalion to the Council or a committee for a
hearing pursuant to section 9 of this By-law, the Council or Ihe committee may, aRer a
hearing, or afler an opponunity for a hearing has been given to the applicant:
(a) grant the application in whole or in part and direct that the licence be issued,
subject to compliance with this By-law;
(b) grant the application subject to such conditions as the Council or the committee, as
lhe case may ba, in accordance with lhis By-law, considers just and equitable in
attaining Ihe purposes oF this Bylaw, and direct that the licence be issued subject
to such conditions Tnd to compliancc with !his By-law;
(c) refuse in whole or in part to grant the application upon graunds contained in this
By-law or othenvise bylaw; or
(d) adjoum the application in accordance with this Bylaw, or make such other
disposition as may be permitted under this By-luw and is in accordance with law.
I I. The following are grounds upon which the Council may rePose to grant any application for
a licence, or susp:nd or revoke any licence under this 8ylaw:
(a) there are reasonable grounds for belief that any application or other document
provided to the Licencing Section by or on behalf of the applicant contains a false
statement or provides false informetion; or
12'7
(b) thc past or present conduct of the applicant, or of any partner, in the case of an
applicent which is a nannership, or oF any director, shareholder or of£cer of the
corporation, if the applicant or a party having a direct or indirect interest in the
business, is a corporation, alTords reasonable grounds for belief that the business in
respect of which the npplication is made will not be carried on in accordance witli
the (aw and with integrity nnd honesty; or
(c) there arc reasonable grounds for belief that the carrying on of the said business will
result in a breach of this Bylaw or any other law, including any applicable zoning
requirement; or
(d) the finuncial position of Ihe applicant afTords reasonable grounds to believe that the
business will not be carried on in a financially responsible manner; or
(e) there are reasonable grounds for belief that the application does not meet all the
requirements of this ByIaw, or that the business is cartied on or intended to be
carricd on in an area of the Town where such business is prohibited by this Bylaw
from being carcied on, or is one in respect of which the issuing of a licence in
respect of the 6usiness is not permitted by this By-law; or
(� there are reasonable grounds for belief that the building, premises or place in which
the business is carried on, or intended to be carried on does not comply with the
provisions of this Bylaw or with any other law, including any applicable building
requirements, or is dangerous or unsafe; or
(g) the conduct of the applicant or of one or more of the persons referred to in
paragraph (b) of Ihis subsection alTords reasonable grounds for belief that the
cnrrying on of the business in respect of which the licence is sought would infringe
the rights, or endanger the healih or safcty, of one or more members of tha public
or
(h) lhe applicant if nol prepareJ to comply, or does not comply or ensure compliance,
with any condition imposed or intended to be imposed, under ihis Eiy-law upon the
business or upon the licensee, as a requirement of obtaining, continuing to hold or
renewing a licence; or
(i) the fee payable in respect of Ihe licenca applied for has not been paid.
HEARINGS
12. (I) The provisions of ss. 5 to I5, 17(I), 18 and 21 to 24 of the Statutorv Powers
Procedure Act, as amended, shall apply to all hearings conducted by Council or a
cammittee under this Bylaw.
(2) Upon the conclusion of a hearing conducted by a committee under this By-law, the
commiitee shall as soon as practicable make a written report to the Council
summerizing the evidence and arguments presented by the parties, lhe findings of
fact made by tfie commiuee and ;.k,e recommendations, if any, of the committee,
with reasons therefor, on the merils of the application or matters in respect of
which the hearing has been conducled.
(3) ARer conducting, a hearing, or afler considering, a report of the commi�tee, the
Council may thereupon in respect of such applicalion or matter, make any decision
permitted under this Bylaw in respect of ihe grenting or refusal of a licence, the
imposing of conditions on a licence, or the revocation or suspension of a licence.
iza �
REVOCATION, SUSPENSION, PROBATION
13. The Councii may rovoke or suspend any licence issued under this By-law, upon any of �he
grounds set out in section I I, provided that no licence shall be revoked or suspenJed
except after a hearing by the Council, or a committee appointed by by-law for the holding
of one or more hearings, or after an opportunity for such a hearing has been afforded to
the licensee, in accordance with law.
14. (l) Where the Council or a committee concludes that grounds e�ust upon which a
licence may be refused, suspended or revoked, the Council may, in lieu thereof,
issue a licence for any period up to a full licence period, on probation, or without a
term of probation, subject to such conditions as the Council may impose and are in
accordance with luw.
(2) The Manager may, where he or she has reasonable grounds l0 6elieve that any one
or more grounds exist upon which a licence could be refused, revoked or
suspended, or render it appropriate that general or special conditians be imposed
� as a requirement of continuing to hold a licence, provide written notice to ihe
licensee end to the Council of such fact, and provide notice to the licensee of a
right to a hearing, in accordance with this Bylaw and other applicable law.
[SSUANCE AND TERMS OF UCENCES
I5. Every licence issued under this Bylaw may be issued for any period up to one year, and
shall expire on December 71 of the year in which it is issued.
16. A licence issued under this By-law is personal to the licensec, and cannot be transferred.
17. The rights granted by a licence issued under this Bylaw apply only to the location for
which the licence is issued.
18. Where a completed application form for the renewal of a licence is not submitted to ihe
Licensing Section before the expiry dale, the applicant shall be required to submit a new
application, together with ihe application fee.
19. Where a licence is revoked, the licensee is entitled to a refund oF a part oF the licence fee
proportionate ro ihe unexpired part of ihe term for which it was granted.
NOTICE
20. (I) My notice or other information required or authorized to be given under this By-
law is su�iciently given if delivered personally or sent by registered mail addressed
to the person to whom delivery is required ta be made at the last address for
delivery appearing on tlie records of the Manager.
(2) Where service is eltected by registered mail, it shall be deemed to be made on the
third day aRer the date of mailing, unless the person on whom service is being
made establishes that he or she did not, acting in good faith, through absence,
accident, illness or other cause beyond his or her control, receive the notice or
order until a later date.
CHANGES M INFORMATION
21. (l) Every licensee shall notify Ihe Licensing Section in writing within four dnys aRer
the event, of any change in any of the information contained in ihe application
form.
(2) WhFre a change has occurred in the name or business neme of a licensee, the
licensee shall attend within four days of the date of the change, et the ofCce of the
Licensing 3ection, to have the licence and licence records amended accordingly,
a
B 123
REGULATIONS APPLICABLE TO ADULT VIDEOTAPE STORES
22. Every licensee shall:
(a) prominently display tho licence at the premises licensed at all times and shall
produce the licence upon request by the Manager, any by-law enforcement oflicer
and eny police oEticer,
(b) keep the premises in a clean and sanitary condition;
(c) maintain on the premises, during all business hours, available for inspection by Ihe
Manager, any By-law Enforcement Oflicer or any Police Ofiicer, a current list of
all adult videotapes provided on the premises;
(d) carry on business only in the name in which the licence is issued, or such other
business or trade name provided to the Licensing Section and endorsed by it upon
such licence; and
(e) advertise, promote and carry on such business enly under the name in which Ihe
licence is issued, or such other business or trade name provided to the licensing
section and endorsed by it upon such licence.
23. (1) No owner, operator or any persan working in an adult videotape store or adult
videotape area shall permit any person under the age of eighteen years to enter or
remain in such siore or area.
(2) No owner, operator or any other person shall work in an adult videotape store or
adult videotape area or in any part of any vidcotape store in which adult
videotapes are proviJed, unless such person is of the age of eighteen years or
older.
24. (1) Every operatar shall post and keep posted at every entrance to any adult videotape
store operated by such operator, and in a prominent location inside such store,
signs su�icient to indicale clearly to any person approaching or entering the store,
and to evcry person in Ihe store, lliat no person under the age of eighteen years is
pertnitted to enler or remain in such store or any part thereof.
(2) Exterior signs and advertisements rclating to adult videotape stores and to the
provision of adult videotapes, shall be restricted to the words "adult vidcos",
"adult videotnpes", or "adult videotapes sales or rentals" and shall not include
pictorial representation of specified body area� �r specified sexual activities.
REGULATIONS APPLICABLE TO ALL VIDEOTAPE STORES
25. (I) Every owner and every operator of a vidcotape store, whether or not he or she is
licensed or required to be licensed under this By-law, shall, in Ihe carrying on of
such business, comply wilh the regulations contained in this 8y-law rela:ing to the
provision of adult videotapes.
(2) Every owner and operator referred to in subsection (I) shall ensure that every
person working in such videotape store complies with all requirements of Ihis By-
law relating to the provision of adult videotepes and the prohibition of access to all
or part of the pramises to persons under the age of eighteen years, as required by
this ByIaw.
(3) Every person working in a videotupe store shall comply with al� requirements of
this By-law relating ro thc provision of edult videotapes and thc prohibition of
eccess to all or part of the premise� to persons under the age of eighteen years, as
required by this By-law.
' 1�30 9
26. (1) No owner or operator of a videotape store in which edult videntapes are provided,
sh911 permit any person under the uge of eiyhteen years to enter or remain in any
part of such store where adult videotnpes are provided, or within three metres of
any adult videotnpe unless such adult videatape is located in en adult videatape
area;
(2) Every owner and operator of a videotepe store in which any adult videotape is
provided, shall affix, in a prominent location inside such store and at evcry
entrance to any adult videotape area, a sign or signs su(ficient to indicate clearly 10
persons in the s�ore, that no person under the age of eighteen years is permitted to
enter or remain in any edult videotape area in eccordance with this By-law.
(3) Every operator oFa videotape store, including an adult videotape store, and every
person working in such store, shall ensure that no person under the age of eighteen
permitted to enter an adult videotape store, or any adult videotape area, in
accordance with this By-law.
(4) Every operator of videotape store and every person working in such store shall
ensure Ihat no adult videolape, or container for an adult videotape shall be
displayed in such a manner so as to be visible Gom outsidc the store.
(5) Every operator of a videotnpe store and every person working in such store shall
ensure that no ndult videolape, or container for an adult videotape, shall be
displayed in a videotape store that is not an adult videotape srore, in a location �
where it can ba seen by persons in the store, unless such adult videotape or
container is in a separate location in such store to which persans under the age of
eighteen years are not permitted to enter, and such adult videotape m container is (
displayed in a location where it cannot be seen from outside such area.
PENALTY I
1
27. (I) Every person who coniravenes any provision of this By-law, and every director or '
otlicer oFa corporation who concurs in such contravention by the corporation, is
guilty of an ofTence and on conviction is liable to a fine, exclusive of costs, not
exceeding S25,000.00.
('L) Where a corporatian is convicted of an oETence under this By-law, the maximum �
penalty, exclusive of cosis, that may be imposed on the corporation is $50,000.00, ,
and not as provided in subseclion (1). �
VALmITY ,
28. If a court of competenl jurisdiction declares any provision, or any part of a provision of
this By-law to be invalid, or �o be of no force and effect, it is the intention of the Council
in enacting this 8ylaw, lhat each and every other provision of this Bylaw authorized by
law, be applied and enforced in accordance with its terms to the extent possible according
to law.
SHORT TITLE
29. This by-law may be referred to as the Adult Videotape Licensing and Regulatory By-law.
EFFECTIVE DATE
30. This By-law comes into force and etTect on the dey of its enactment. ;
• ', ,o : 131
3L No adult videotape store shall be licensed under this By-lew except in acwrdence with
Schedule 2, and no such licence may be granted for any adult videotape store, except in
respect of any pert of premises le�vfully used for the business of thc provision of adult
videotepa on the dete of enactment of ihie By-law, and continued to be used for such
purpose through the period up to the issuance of the licence.
By-law read a 6rst, second and third time and finally passed this 22nd day of March, 1999.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
�
I
I
I ,
i
�
.. � , 3�.`N .
�
;`� .
;.i: - . . . . � . �
�..3 . . . _ . .
yt'� ' ; ��. � ` . . :�. ' , . . . . . . ..
�
_ 132 . ��
SCHEDUI.E I TO BY-LAW NO. SA74/99 .
Adult Videotepe Stores
Firot Licence or Renewal
OwnedOpereror. SI,SOO,00
Owner who does not operete: $1,400.00 I
Operator other than Owner. S 100.00
For the tertn of any licence period expiring December 31 of any year. i
�
�
I
I
�
�
I
'I
II
i
I �
i::
I�. . � � . . .. . . . . .
� ' .... � �� ,
. . � . ,. . � , i
i
i
i
_ i
� � , . . � . ,t% . I
1
i
I
�
i
ry
�
- . � � �..'�..
� . ��.. � .. , � . . ._ : ��, ' i :'.. . . .
133
SCHEDULEIITO BY-LAW sa�a���
PASSED THIS zzna
DAYOF ��arch� 1���
MAYOR
. CLERK