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HomeMy WebLinkAboutCL 35/00028 c'�+� REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM DATE: October 11, 2000 Ciry Clerk REPORT NUMBER; CL 35-00 SUBIECT: Draft By-lew to Licence and Regulate Body Rub Parlours RECOMMENDATION: 1. That Report CL 35/00 regarding a draft by-law to licence and regulate body rub parlours be received; and 2. That the draft by-law to licencc and regulate body rub parlours effective January 1, 2001 be enacted. ORiGIN: Request of Durham Regional Police Service AUTHORITY: Section 224 of the Municipal Act FINANCIAL IMPUCATIONS: Approximately 59,000 starting in the Year 2001 EXECUTIVE SUMMARY: Staff have been meeting with representatives of the Durham Regional Police Service and the Town of Ajax since April 20'�, 2000 with the goel of preparing a by-law to licence and regulate body rub parlours. The Durham Region Police Service has a concem that establishments of this nature are moving to the municipalities cast of Toronto because municipalities in the Regions of Peel and York have already passed such by-laws or ere in the process of passing such by-laws and thus they are moving into Durhem. .,/2 . � azs Report to Council CL 35-00 Dete: Octeber I 1, 2000 Subject: Licenco & Regulate Body Rub Parlours Page 2 BACKGROUND: Attached is a draft by-law to licence and regulate body rub parlours in the City of Pickering which, ifenacted, is to take effect on January l, 2001. A meeting was held on April 20, 2000, with representatives of the Durham Region Police Service, the Town of Ajax, Councillor Ryan and the City's By-law Enforcement Services staff in attendunce. At that meeting, the Police representative stated that municipalities in the Regions of Peel and York are preparing and passing by-laws to strictly licence and regulate body rub parlours because of problems created by such establishments in those municipalities. As a result :i�esc establishments are moving into Durham where the local municipalities have no such oy-laws. Also, he pointed out that these establishments are often operating under false preten� es using names that include aroma therapy clinics, etc. At the April 20'" meeting, the Police noted that there were at least eight body rub parlours operating in Pickering under various names guises. Since that meeting, staff have received a few complaints from both residents and businesses about these establishments. The complainants have been told that stafi are aware of thc problem and are in the process of p�eparing a by-law for Council's consideration that would allow the Police, Health Unit and Municipal Law Enforcement OfTicers to efTective control these establishments. The attached draft by-law has been reviewed by the Durham Region Police Service and their legal counsel and in many ways is a replica of the by-laws thet havc bcen passed in Peel and York that have been proven to successfully regulate body rub parlours. At this point in time, 1 am recommcnding that Council enact this draR by-law but that it take ef%ct on lanuary I, 2001. The reason for this is that the City's legal counsel is working with the staff of the Department, Planning and Development, to determine appropriate areas when these types of establishments can locate so that they are not a problem to a residential neighbourhood or busincsscs that attract a large number of children. The features of this drafl by-law are as follows: I. A Iicence is required by every owner or operator of a body rub parlour. 2. In applying for a licence, the owner or operator shall attend at the Civic Complex and provide photos of themselves along with other required information. This will help the Police in assisting the City in enforcing this by-Iaw. 3. In applying for a licence, the owner shall list the names, addresses and birth dates of persons working in the establishment, including the operators and body rubbers. Again, this will help the Police in assisting the City with the enforcement of this by-law. 4. My rooms or cubicles in the body rub parlour must be equipped with doors that are not lockable and are accessible to the Yolice or Municipal Law Enforcement Officer in the event of an inspection. 5. Various health related provisions are include� in the draft by-law to ensure that all equipment used is sanitized and that the body rubbers do not hava a communicable disease. 6. In addition to the Police and Municipel Law Enforcement Ofticers, the Inspectors of the Durham Region Health Unit may inspect a body rub parlour and enforce this bylaw. ..../3 . ,. _ . _ . , . .. ,... k. . . . . � . . . . . . _., .. . . . . ... . . . . � ' . . � O 3 O Report to Council CL 35-00 Date: October i I, 2000 Subject: Licence & Rogulate Body Rub Parloure Page 3 7. No person under the age of eighteen ahell own, operete, work in ar otherwise be in a body rub parlour. ATTACHMENTS: l. DraR by-law Prepazed By: �. ruce Taylor, Ciry Cierk Attachments Copy: ]. Reble, City Solicitor Director, Planning & Development Det. Sgt. Peter Naumienko Recommended for the consideration of Pickering � Ciry Council �---� l�- omas J. uinn Chief A min' trative OfTcer � ATTACHMEM#�TOREPO(tTit �c 3S-`n' 031 THE CORPORATION OF T[IE CITb' OF PICI�RING . ►l L Being a by-law to 6cence and regulate body-rub parloure in the City of Pickering. WHEREAS purauant to Section 224(1) of the Act RS.O. 1990, c.M 45 by-laws may be passed by the c;ouncils of citics for licensing, rogulating, goveming end inspecting body-rub parlours end for revoking or suspending any such licence and for Wniting the number of licences to be granted; and WHEREAS section 224(2) of the said Act provides for a by-law passed under this Section to reguleta the sign or other advertising devices for body-cub pariours; WEIEREAS Secdon 224(3) of the said Act further provides for a by-law de6ning the ar�a or areas in a city in which body-►ub parlours may or may not operate and may limit thc number of uu��� to be granted in respect of body-rub parlours in any euch erea or areas in which they are permitted; and WHERLAS Section 224(4) of thc said provides for by-laws to be passed prohibiting the premises to he constructed or cquippcd in such a manner es to hinder or prevent thc enforcement of the by law; and WEIGREAS Section 224(5) of the said Act provides for entry by e medical officer of health or a public health insFector acting undcr his or her dirc^.tion or a peace otTicer where there is rcason to suspect that a breach of the by-law has occurted and such entry may be made at any time of the day or night for thc purposes of carrying out the enforcement of the by-law; and WHEREAS Section 224(6) of the said Act provides for a by-law to be passed prohibiting any person under the age af 18 years to enter or remain in the body-rub parlour or any part thcreof; NOW THERLfORE THE COUNCIL OF THE CORPORATION Or THE CITY OF PICKERING }IEREBY ENAC'fS AS FOLLOWS: AEFINI170NS In this By-law, (a) "Body-tub" includes the kneading, manipulating, rubbing, massaging, touching, or atimulating, by eny means, of a person's body or pert thereof but does not include medical or therepeutic treatment given by a person othenvise duly qualified, licenced or registered so lo do under the laws of the Province af Ontario. (b) "Body-�ub parlour" includes any premises or part thereof where a body-nib is pedormed, offered or solicited in pursuence of a trade, calling, business or occupation, but does not incli�de any premises or part thueof where the body-rubs pedortned are for the purpose oP medical or therapeudc ueatment and are pedormed or ottered by persons �thenvise duly qualitied, Gcencr! or registered so to do under the laws of the Province of Ontario. (c) "Body-rubber" includes any pereon who performs, o�'era, aolicils or receives a Body-Rub. (d) "City" means the Corporation of the City of Pickering. , O�2 ATTACHMENT# � TOREPOiIT#=`.�3�-"d (e) "Council" means tha Council of tha Corporation of tho City of Pickering. (� "Manager" means tha Manager of thc By-law Enforcement Servicea Section or, in his or her abaence, any person euthorized to fulfiU the respor�sibiGties of the Menager. (g) "Owne�' when used in reference to a body-tub parlour means a peraon who alone or with olhers has the right to possess or occupy a body-rub parlour or actually does possess or occupy e body-rub pazlour, and includes a lesaec of a body-rub parlour or premises upon which a body-rub parlour is located. (h) "Operator" when used in reference to a body-rub parlour refers to any person who alone or with others operates, manages, aupervises, runs or controls a body-rub parlour and "operate", "operation" and other words or like impo�i or intent ahall bc gi�en a wrresponding meaning. 2. Thcre shell be taken out by eveiy owner and evcry operator of e body-rub pazlour a licence Gom the City authorizing him or her to carry on such business in lhe Ciry, for which licence the person obtaining samc shall pay to the City, at or before the time af laking oul such licence, the fec fixed by t;us By-law, and no person ahall, within the limited of the City, carry on or engage in s:ich business until he or she has proared such Gcencc to do so. DF.FINED AREAS 3. The area of the City defined in Schedule "B" to this By-law, which Schedule shall be deemed to be pert of this By-law, is an area in which a body-rub parlour may operate and no body-rub parlours are pemtitted to operate ia any other erca or areas of the City. APPLICATIONS FOR LICENCE� 4. Applications for the issuence or renewal of a licence for e body rub pazlour for any given year must be received by the Manager, in the fortn prescribed by the Manager, on or before the 31 ° day of December for the next ensuing licence and calendar year. 5. The applicant shall, at the time of Gling of the application, deliver to the Manager cash, money order or certified cheque in the amount of the G�;ence fee, fixed pursuant to Schedule "A" of this By-law, for every licence requircd under this By-law or for the renewal thereof. 6. No licence ahall ba issued for a body rub parlour on premises where the City's Zonir.g By- laws do not permit the use of those premises for such purposes. 7. (a) On every epp6cation for an owner's, operator's, or body-rubber's licence or the renewal thereof, the appGcant shell attend in peraon and not be en agent, at tho atCice of the Maneger and shall complete the prescribed fomis and shall fumish such information as may be dirccted. (b) In the caae of a bodyrub pazlour owned or opereted by a partnership, the attendance required under Subsection (a) of this Section ahall be by onc of the partnero and in tha caso of a body-rub pazlour owned or operated by a corporation such attendence ehall ba by an ofiicer of the corporedon. � ,.� ATTACHMENT# � TGREPORT#� S-O� 033 (c) Every epplicant for a body-rubbcr's licenco ehel) submil with hie application two (2) passport eize phatogaphs of hie face, ona of which photographs et�all be attached to the Ilcenco end the other which ehell be filed with the Manager, and upon application for renewal of any licence, the applicant shall fumieh new photographs if required to do so by the Manager. (d) Every appGcant for nn owner's Gcence shatl, at the time of making his application, file with the Manager a list ahowing the names and addreases anJ birth dates of all operators and body-nrbbers employed by or performing services in his body-rub pazlour. (e) Every individual, partner, or other person referred to in this Section, shall file with or produce to the Manager proof of age, if required to do so by the Manager, and no such licence shall be issued unless the Manager is satisfied lhnt every person is of the full age of eighteen years. 8. it ahell be the duty of every member of a partnerahip to advise the Manager immediately in wridng of any chenge in the membership of the partnership and of any other change in any of the particulazs relating to the parinership or its business including the names, addresses end birth dates of all new panners which are required to be filed with the Manager and Council may, at its discretioq detertnine whether the licence ar licences ahall be revoked. 9. Every person applying for a bodyrubber's 6ceuce or renewal thereof, shall deliver or have delivered to the Manager, prior to his licencc being issucd or renewed, a er.rtificate on a form, aupplied by the Manager, signed by a duly quelificd medical practitioner within one (I) month immedietely prior to the date of the application certifying that such person is Gca fram communicable diseases and is mcdically fit to perform or receive bady-rubs. 10. (a) A aeparata owner's licence shall be taken out in respect of each body-rub parlour. (b) A separate operator's licence shall be taken out in respect oF each body-rub parlour. (c) Each owner, ownedoperator, and operator shall if they perfortn, otfer, solicit or receivc a body-rub be I�cenced as a body-rubbcr pursuant to the provisions of this BY-iaw. REGULATIONS APPLICABLE TO BODY-RUB PARLOURS 1I. (a) No �wner of a body-rub parlour shall permit any peraon other than a liccnced operatorto operate such body-rub parlour. (b) No owner or operator shall permit any body-rub to be performed, ofTered, or solicited in tha pursuance of a trade, calGng, business or occupation, upon or at his body-rub parlour, by any person other than a licenced body-nibber. (c) No body-rubber or other peraon ahall perf'ortn, ot£er or solicit body-rubs in eny body-pazlour unless the owner of the said body-rub parlour, end the operator, if any, of the said body-rub pazlour is duly (icenced es owner or operator respectively under this By-law. (d) No operator ehall operate the eaid body-rub parlour unless tha owner of the said bodyrub parlour ia duly licenced es an owner under this By-law, (e) No operator mey operate a body-rub parlour unless he first notifies tho Manegcr of tha namo of the owner whoee body-rub perlour he intends to operete and has endoresd upon his licence the eaid owner'e nama accordingly, end every operator, befora operating any other badyrub parlour, ahall notifj� tho Menager of his intention so to do end havo hie licence endorsed accordingly. • ATTACHMENT#%70CEPORTtt«4 5- �v 039 12. Every owner end operatar ehell kcep his licence iasued in roapcct of that body-rub perlour, expoaed in a conspicuoua placc in tho interior of this eid premiaes at ell timw during the currency of the licence. 13. Every owner, operator or body-�ubber who changes his address ahall, within four (4) days aftcr auch change, sttend at the office of the Mannger and notify the Manager of such change of address end produce hia licence for the chenge to be entered thereon. l4. No owner or operator ahall pedorm or provide eny servica ar eerviccs or permit the pedorming or providing of any service or services in any body-rub parlour which is constructed or equipped so as to hinder or prevent the enforcement oFthis By-law. ii. (a) Every body-rub or other service performed in a body-rub parlour shall be given in an individual room or cubicle, but no otvner or �perator ahall cause or permit the door or other means of access to any room or cubicle where body-rubs are or may be provided, to be equipped or constructed with a locking device of any kind, or with any other device or structure which could delay or hinder anyone from entering or obtaining access to such room or cubicle. (b) No person shall pertnit the obstruclion, I!indrance or delay of any person attcmpting lo gain entry into a room or cubicic in a body-rub parlour in which a service is or may be provided in respect of such body-rub parlour. 16. Every owner who operates his own body-rub parlour and every operator of a body-iub parlour, in thc operation of the body-rub pazlour, shell cnsure that: (e) adequate toilet and weshroom accommodations are provided in accordance with thc Duilding Code as amended Gom time to time issued pursuant to the uildin S� Act• 1992, S.O. 1992 c.23; (b) thc boJy-rub pazlour is kept in a cican and sanitary condilion; (c) every tablc, mat or other surfacc upon which persons lie or ait whilc being given or provided with a body-rub shall be clean and in good repair, and shall have a top surface of impervious material; (d) every table mat or other surface referced lo in Subsection (c) hereof ahall be wvered with a fresh, clean individual paper or cloth sheet bcfore any person receives a body-rub thereon; (e) every sheet or towel ahall, immediately after being used by any persoq be deposited in a receptacle reserved for that purpose and shell not be utilized again for any purpoce before being freshly laundered. (� all exterior �igns and advertisements releting to tha body-rub parlour shall comply with all applicable law. (g) the signage referred to in subsection (� herein ahall not contain any of%nsive words or graphics. 17. Every owner or operator of a body-rub parlour ahall post end kcep posted in a prominent lacation inaide lhe body-rub pazlour, eigns euflicient to indicate clearly to every person in the body-rub pazlour, that no person under the age of eightcen years is pernutted to remain in such body-rub perlour or part thereof. 18. No owner, operator or bodyrubbor ahsll perform or pemut ta be pedotmal a body-rub in any body-rub perlour by or upon any peroon whom ho has rcssonabla causc to suspect has been exposed to or ie sutfering fYom any communlcablo diseese, including any communicable ekin dieceae, ATTACHMENTi� % TOREPOftT» C�_3S—� 5 �.35 19. Every ownor, operator, body-rubber oi other pereon perfortning aervices in, at or upon a body-mb pazlour or in atlendanca at a body-rub pariour in pursuancc of trade, calling, business or occupation carried on by tha owner, or operator of euch body-rub parlour, shall, upon a request made to him by any Peacc ORicer, Law Enforcement 0@'icer or Public Health Inspector acting undcr the direction of the Medical Ofiiccr of Health, Frovide his name end residentiel address, and if he is liccnced under this By-law in respect of any trade, calling, business or occupation relating to auch body-rub pazlour, he shall preduce his said licence. 20. A Peace Oliicer, or Public Health Inspector acting under the direction of the Medical Oliicer of Health, may enter and inspect all areas of a body-rub parlour, at any time of the night or day, for the purposes of carrying out the enforcement of this By-law. 21. The oflering, selling, giving, performirg or soliciting of aay service and the selling, giving, trading or otTering of any goods in a body-rub purlour, shall comply to all applicable law. 22. (a) No person under the age of eightecn may be or act as an owncr or operator of a body-rub parlour or providc any scrvices in a body-rub parlour. (b) No person may provide a body-rub or any other servicc in a body-rub parlour lo a peraon who is undcr thc ege of eightecn ycars. (c) No owner or operaror shall pemtit any person undcr the age af eightcen to enter or remain in any body-rub parlour owncd or operated by him. PENALTY 23• (1) Gvery person who contravenes any provision of this by-law, and evry director or ofTicer of a corporalion who concurs in such contravention by the corporati�n, is guilty of an offence and on conviction is oliable to a fine, exclusive oFcosts, not exceeding S25,000.00. (2) Where a corporation is convicted of an olTence under this By-law, the maxinmm pcnalty, exclusive of costs, thet may be imposed on the corporation is $50,000.09, and not as provideJ in subsection (I). VALIDITY 24. If e court of competent jurisdiction decleres any provision, or any part of a provision of this By-law to be invalid, or to be of no force and effect, it is tho intention of the Council in enacting this By-Iaw, that each and every other provision oF this By-law authorized by law, be applied end enforccd in accordance with its tertns to the extent possible according lo law. EFFECTIVE DATE OF BY-LAW 25 This by-law ahell take effect on January 1, 2001. By-law read a 6rat, aecand and third time and finally passed this 16th day of October, 2000. Wayne Arthuro, Mayor Bnice Taylor, Clerk �-, : ..:.:. .. , ., ,: • 036 ' ATTACHMENTtt � TOREPORTit Gc 35�� � II 0 9CIIEQULE"A" TO BY-LAW NUMBER Body-Rub Parlouro: First Licence or Renew� OwnedOperator. 51,500.00 Owner who does not operate: S I,400,00 Operator other then Owner. S100.00 For the tertn of any Gcence period expiring December 31" of any year, R-r , .,:- � :. - , ..:., _, , , , . � ATTACHMENT#_LTO REP04T #« j 5-°'�' ��7 SCHEDUI�E "A" TQ BY-LAW NUMBER AEFINED AREAS WHERE A BODY RUB PARIAUR 3'IAY OPERATE ! j : i I _ .��� ,, �..