HomeMy WebLinkAboutCS 02-06
REPORT NUMBER CS 02-06 WAS REFERRED
BACK ON JANUARY 9/06
REFER TO REPORT NUMBER CS 14-06
CitJ¡ o~
REPORT TO
EXECUTIVE COMMITTEE
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Report Number: CS 02-06
Date: January 9, 2006
From:
Debi Bentley
City Clerk
Subject:
Draft Body Rub Parlour By-law
- File: L-2314
Recommendation:
1. That Report CS 02-06 regarding a proposed Body Rub Parlour By-law be
received;
2. That the attached draft by-law be enacted to provide for the licensing and
regulation of Body Rub Parlours within the City of Pickering, and
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3.
That the appropriate officials of the City of Pickering be given the authority to
give effect thereto.
Executive Summary:
Under the requirements of the Municipal Act 2001, all municipal regulatory by-laws are
subject to review after a five year period. In accordance with this requirement, Body
Rub Parlour By-law 5764/00 has been examined and a new by-law prepared which
addresses areas where specific controls or regulations were previously not in place. It
also incorporates specific provisions for suspending and revoking licenses.
These changes are proposed to improve the safety of the attendants and the public, as
well as limit the opportunity for the provision of illegal services.
Financial Implications:
The licensing fees proposed have been amended to maintain a consistent set of fees,
instead of a large fee for a first licence and then a relatively minimal fee for renewals.
Licensing fees are outlined on Schedule "A" of the proposed by-law.
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Report CS 02-06
Date: January 9, 2006
8/7
Subject: Draft Body Rub Parlour By-law
Page 2
Background:
Body Rub Parlour By-law 5764/00 was the City's first by-law regulating and licensing
Body Rub Parlours. After utilizing the by-law for the past five years, and consulting the
by-laws in place in other municipalities, the introduction of a number of specific
regulatory requirements is recommended.
The Body Rub Parlour by-law is an important tool in regulating the operation of Body
Rub Parlours within the City of Pickering. It provides the ability to restrict locations, the
number of licenses issued, the hours of operation, the design of premises, and the
conduct and apparel of the staff. It also allows the maintenance of accurate records of
ownership and operation to encourage compliance with by-law requirements or assist in
legal action where contraventions of the by-law occur.
With the assistance of Durham Regional Police Service, the City of Pickering has been
very successful in regulating the Body Rub Parlour industry and preventing the
operation of unlicensed Body Rub Parlours.
The proposed by-law further enhances the City's ability to ensure the services provided
are legally permitted.
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Attachments:
1. Draft Body Rub Parlour By-law
Prepared By:
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Manager, By-law Enforcement Services
Approved I Endorsed By:
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Debi Bentley,
City Clerk
Copy: Chief Administrative Officer
L c< Gillis Paterson,
\..;~Cl~ Director, Corporate Services & Tre urer
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Recommended for the consideration of
Pickering Ci Council
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CORP0227-07/01
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I ATTACHMENT #
TO REPIIIr I. ()J 'f
BODY RUB PARLOUR BY-LAW
WHEREAS Sections 150 and 151 of the Municipal Act, 2001 authorize Council to pass by-
laws that license, regulate and govern adult entertainment establishments;
AND WHEREAS Council has determined that the location of body rub parlours must be
regulated to ensure that the use is compatible with the neighbourhood and their location or
number does not create a nuisance;
AND WHEREAS Council has determined that licensing owners, operators and attendants
of body rub parlours protects consumers and contributes to their health and safety by
regulating access, cleanliness, and prohibiting illegal services;
- AND WHEREAS to enhance professionalism and to help prevent illegal services from
being offered or obtained, while still allowing legitimate services to be provided, Council
has deemed that certain standards of dress must be maintained and specified areas of the
body may not be exposed or touched;
AND WHEREAS Council has determined that consumers should be protected from
unknowingly entering a bawdy-house when seeking a massage at a body rub parlour;
AND WHEREAS Council has determined that certain restrictions on behaviour of both
patrons and attendants reduces transmission of disease that would have an adverse effect
on the health of both the patrons and attendants;
AND WHEREAS Council has determined that free and unobstructed access to rooms in
body rub parlours contributes to the safety of both attendants and patrons therein;
AND WHEREAS Council has determined that licensing owners and operators of body rub
parlours protects consumers as there is a record of licence holders and the ability to
require legal and honest operation of such businesses and to hold licensees responsible
when the business is not conducted in accordance with the law or with integrity;
AND WHEREAS Council has determined that the ability to add conditions to, suspend,
revoke or refuse licences encourages owners and operators of body rub parlours to
- comply with the by-law requirements;
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AND WHEREAS Council has determined that the ability to enforce the provisions of this
By-law through charges under this By-law also encourages owners and operators of body
rub parlours to comply with the by-law requirements;
NOW THEREFORE the Council of The Corporation of the City of Pickering ENACTS AS
FOllOWS:
DEFINITIONS
1. In this By-law,
"adult entertainment service" means any service appealing to or designed
to appeal to erotic or sexual appetites or inclinations, any other service
involving sexual touching; any other service offered, performed, provided, or
received with the purposes or effect of sexual arousal or stimulation; and any
service directly or indirectly advertised or described as involving any of such
services;
"attendant" means a person who, in pursuance of a trade, business or
occupation, provides body-rubs at a body-rub parlour;
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"body-rub" includes the kneading, manipulating, rubbing, massaging,
touching or stimulating by any means of a person's body or part thereof, but
does not include medical or therapeutic treatment given by a person
otherwise duly qualified, licensed or registered to do so under the laws of the
Province of Ontario;
"body-rub parlour" is included in the definition of 'adult entertainment
parlour' in the Municipal Act, 2001 and includes any premises or part thereof
where a body-rub is performed, offered or solicited in pursuance of a trade,
calling, business, or occupation, but does not include any premises or part
thereof where the body-rubs performed are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the Province
of Ontario;
"City" means The Corporation of the City of Pickering;
"Council" means the Council of the City;
"licence" means an authorization under this By-law to carry on the trade,
calling, business or occupation specified therein;
"Licensing Officer" means a person appointed by the City to issue
licences;
"Medical Officer of Health" means the Medical Officer of Health for The
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Regional Municipality of Durham;
"operator" includes a person who, alone or with others, operates, manages,
supervises, runs or directs the trade, calling, business or occupation carried
on at a body-rub parlour;
"owner" includes a person who, alone or with others, owns or controls the
trade, calling, business or occupation carried on at a body-rub parlour or
who directs the activities of an operator and includes a person who is the
tenant or licensee in respect of premises which are utilized as a body-rub
parlour;
"provide" when used in relation to body-rubs includes offering to provide
or causing or permitting the provision of a body-rub and "provides",
"providing" and "provision" have corresponding meanings; and
"sign" includes any sign as defined pursuant to the City's By-law, as
amended.
GENERAL REGULATIONS
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2.
No person may be an owner of a body-rub parlour without making application for,
obtaining and maintaining, pursuant to the terms of this By-law, a body-rub
parlour licence.
3. No person may be an operator of a body-rub parlour without making application
for, obtaining and maintaining, pursuant to the terms of this By-law, a body-rub
parlour operator's licence.
4. No person may be an attendant in a body-rub parlour without making application
for, obtaining and maintaining, pursuant to the terms of this By-law, an
attendant's licence.
5. No person may be an owner or operator of a body-rub parlour or be an attendant or
provide any body-rub in a body-rub parlour except in compliance with the following
regulations:
(a) No person may provide body-rubs in a body-rub parlour to any person
under the age of eighteen years and no person under the age of eighteen
years may be allowed to enter or remain in any part of a body-rub parlour.
(b) Each owner or operator shall ensure that there is posted in a prominent
location at the entrance to the body-rub parlour a sign indicating that no
person under the age of eighteen years may enter or remain in such
premises.
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- (c) No owner or operator may permit any employee or person under contract
to work at a body-rub parlour unless such person is at least 18 years of
age and such person has been instructed with regard to the regulations of
this By-law and complies with these regulations.
(d) No owner or operator may permit a body-rub parlour to be open for business
unless the owner or operator is in attendance in person.
(e) With the exception of patent medicines and prescription drugs required for
medicinal purposes, no person may take, consume or have alcohol or
drugs in their possession in a body-rub parlour.
(f) No owner or operator may permit any person who appears to be
intoxicated by alcohol or a drug to enter or remain in a body-rub parlour.
(g) No person may advertise or promote a body-rub parlour or the provision of
body-rubs at a body-rub parlour except in accordance with the provisions
of this By-law respecting "Signs and Advertisements".
(h) No owner or operator may permit a body-rub parlour to open or to remain
open for business except in compliance with the provisions of this By-law
respecting "Hours of Operation".
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(i) No person may own or operate a body-rub parlour except in compliance
with the provisions of this By-law respecting "Locational Restrictions and
Limitations on Number".
0) No person may own or operate a body-rub parlour except in compliance
with the provision of this By-law respecting "Design of Premises".
(k) Every owner and operator shall keep their licence certificate issued in
respect of a body-rub parlour posted in a conspicuous place in the said
premises in a manner satisfactory to the Licensing Officer at all times
during the currency of the licence.
(I) No owner or operator may permit any attendant to provide body-rubs at a
body-rub parlour unless such attendant is licensed pursuant to the
provisions of this By-law and their licence has not expired, been revoked
or suspended.
(m) No attendant may provide a body-rub at a body-rub parlour unless there is
in attendance at the premises a licensed body-rub parlour owner or
operator who does not provide body-rubs.
(n) An owner shall enter into a written contract for services between every
operator and every attendant at a body-rub parlour and such contracts shall
be made available to a Licensing Officer upon request for inspection at any
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time during business hours of the body-rub parlour and during all times
when body-rubs are provided, and shall be retained by an owner or operator
for a period of six months after the termination or completion of such
contract.
(0)
Every attendant at a body rub parlour shall be clothed in a manner such that
each such person's pubic and genital area, and in the case of a woman, her
breasts are fully covered by opaque material.
(p)
No person may provide or receive any adult entertainment services or any
services designed to appeal to erotic or sexual appetites in a body-rub
parlour.
(q)
No owner or operator may use or permit to be used any camera or other
photographic or recording device at a body-rub parlour by any person.
Notwithstanding the foregoing, a public health inspector acting under the
direction of the Medical Officer of Health, the Licensing Officer, a peace
officer or a Municipal Law Enforcement Officer may use a camera or other
photographic or recording device at a body-rub parlour during the course of
an inspection or investigation thereof. In addition, an owner or an operator
may maintain a photographic device in the entrance lobby of the premises
for security purposes.
(r) Every owner shall post and maintain in the lobby or entrance of the body rub
parlour, in a manner that is satisfactory to the Licensing Officer, a sign which
provides as follows: "This premise is licensed as a body rub parlour by the
City of Pickering. The By-law regulating this premise makes it an offence for
any person to provide services in a body-rub parlour that are designed to
appeal to erotic or sexual appetites."
(s) No attendant shall provide or offer to provide services to any person
unless such person's pubic and genital area, and buttocks and, in the
case of a woman, her breasts, are completely and opaquely covered.
(t) No owner or operator shall permit any attendant to provide or offer to
provide services to any person unless such person's pubic and genital
area, and buttocks and, in the case of a woman, her breasts, are
completely and opaquely covered.
(u) Every body-rub parlour owner and operator shall ensure that no services
are provided at the body-rub parlour other than in accordance with the
requirements of this By-law.
(v)
No person shall provide services in a body-rub parlour unless the owner of
the body-rub parlour holds a body-rub parlour licence, which has not
expired, been revoked or suspended.
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(w) No person shall be an operator of a body-rub parlour unless the owner of
the body-rub parlour holds a body-rub parlour licence, which has not
expired, been revoked or suspended.
(x) Every attendant shall ensure the window provided to permit the
observation of body-rubs by third parties remains unobstructed.
(y) No person, while acting as an owner or operator, shall perform any body-rub
services.
SIGNS AND ADVERTISEMENTS
6. No person may erect or maintain any sign advertising a body-rub parlour or the
body-rubs provided from such premises except in accordance with City by-laws,
including the City Sign By-law, as amended. Notwithstanding the provisions of
the City Sign By-law, as amended, no person may erect or maintain any sign
advertising a body-rub parlour except in accordance with the following additional
regulations:
(a)
No person may erect or maintain any of the following signs in respect of a
body-rub parlour or in respect of any body-rubs provided from such
premises:
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- awning sign
- projecting sign
- portable sign
- ground or pylon sign,
- canopy sign
- inflatable sign
- trailer sign
- sandwich board sign
(b) No person may circulate, post, distribute or cause to be circulated, posted,
or distributed any poster, flyer, handbill or other form of printed sign on
premises or locations other than the body-rub parlour, with the exception
of advertising located in a newspaper or in the Yellow Pages.
(c) Nothing within this By-law shall be deemed to constrain any person from
erecting or maintaining any sign or advertising on any interior wall of a
body-rub parlour, provided the content of such sign is not visible from the
exterior of the body-rub parlour.
(d) No person may erect or maintain any sign or advertising in respect of a
body-rub parlour which includes any letters, markings, symbols, pictures
or representations except the name of the body-rub parlour as recorded
on the application for licence and any registered copyright logo or symbol,
provided a copy of such logo or symbol is filed with the Licensing Officer
as part of the licensing process.
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- DESIGN OF PREMISES
7. No person may be an owner or operator of a body-rub parlour except in
accordance with the following regulations:
(a) The owner or operator shall provide the Licensing Officer with a floor plan
showing the designated room or rooms for the provision of body-rubs and
no person may provide body-rubs in any other room, cubicle, enclosure or
partitioned area located within the body-rub parlour. In the event that the
owner or operator wishes to amend the floor plan, he shall first file with the
Licensing Officer a copy of the amended floor plan and shall not proceed
to make such alterations without first obtaining the approval of the
Licensing Office.
(b) Save and except for one room designated by the owner or operator for
use as an office and one room designated by the owner or operator as a
storage room, every owner or operator shall ensure that no means of
access to any room, cubicle, enclosure or partitioned area in a body-rub
parlour is 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 area.
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(c)
During the hours of operation of a body-rub parlour the owner, operator
and attendant shall ensure that the principal means of access into the
body-rub parlour is unlocked and available so that anyone coming into the
body-rub parlour may enter therein without hindrance or delay.
(d) No premises or part thereof used as a body-rub parlour shall be used as a
dwelling or for sleeping purposes or contain therein any furniture which is
commonly used or which may be used for sleeping purposes.
(e) Every massage room shall be equipped with a window to permit observation
of the provision of body rubs by third parties. The window must be 8 cm
wide x 13 cm tall clear glass, located in the door to each massage room at a
height of not less than 1.5 m and not greater than 1.7 m and must not be
obstructed in any way.
(f) Every body-rub parlour shall be provided with adequate ventilation and with
lighting that is adequate to ensure visibility and that is uniformly distributed
throughout the premises.
(g) Every body-rub parlour and all fixtures and equipment therein shall be
regularly washed and kept in a sanitary condition.
(h) Every body-rub parlour shall be equipped with an effective utility sink.
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(i)
Adequate toilet and washroom accommodation shall be provided in
accordance with the regulations set forth under the Ontario Building Code.
(j) Washrooms shall be equipped with,
(i) an adequate supply of hot and cold water;
(ii) an adequate supply of liquid soap in a suitable container or
dispenser;
(iii) hot air dryers or individual towels in a suitable container or dispenser;
and
(iv) a suitable receptacle for used towels and waste material.
(k) In all shower-bathrooms, if any, and in all sauna-bath rooms, if any,
(i) the floors shall be disinfected at least once a week with a disinfecting
solution approved by the Medical Officer of Health;
(ii) all surfaces and attached accessories of the bath or shower
enclosure must be self-draining;
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(iii) all showers must have removable cleanable drain covers; and
(iv) floor surfaces both within and without the enclosures shall be of non-
slip type.
(I) Every table, mat or other surface upon which persons lie or sit while being
given or provided with a body-rub shall be clean and in good repair, and
shall have a top surface of impervious material.
(m) Every table mat or other surface referred to in Subsection (I) hereof shall be
covered with a fresh, clean individual paper or cloth sheet before any person
receives a body-rub thereon.
(n) Every sheet or towel shall, immediately after being used by any person, be
deposited in a receptacle reserved for that purpose and shall not be utilized
again for any purpose before being freshly laundered.
(0) Every owner and operator shall provide and maintain at all times at the
body-rub parlour a first-aid kit equipped in a manner satisfactory to the
Medical Officer of Health.
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(p)
Every body-rub parlour shall be constructed in accordance with the Ontario
Building Code and every applicant for an owner's licence shall provide the
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Licensing Officer with such drawings as may be required to assess
compliance in this regard.
HOURS OF OPERATION
8.
(i)
No owner or operator may permit a body-rub parlour to be open for
business and no attendant at a body-rub parlour shall provide body-rubs in
a body-rub parlour except between the hours of 8:00 a.m. and 9:00 p.m.
on any given day.
(ii) Every owner, operator and attendant shall ensure the hours of operation of
the body-rub parlour are posted on a sign in a conspicuous place, visible
from the outside of the premises.
LOCA TIONAL RESTRICTIONS AND LIMITATION ON NUMBER
9. No person may own or operate a body rub parlour from any premises except upon
such lands identified in Schedule "B".
1 O. The number of body-rub parlours which may be licensed within the City of Pickering
shall be limited to three (3).
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11. No person may own or operate a body-rub parlour from any premises except upon
such lands as are zoned to permit the use of a body-rub parlour pursuant to City
zoning by-laws.
NATURE OF LICENCE
12. No person shall enjoy a vested right in the continuance of a licence and the value of
a licence shall be the property of the City and shall remain so irrespective of the
issue, renewal or revocation thereof.
13. No person licensed to carry on any trade, calling, business or occupation pursuant
to this By-law may advertise or promote or carry on such trade, calling, business or
occupation under any name other than the name endorsed upon his licence.
14. The licences required by this By-law shall, unless they are expressed to be for a
shorter or longer time, be for the period up to and including the 31st day of
December in the year of issuance, unless they are sooner forfeited or revoked.
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15. No licence shall be transferred or assigned and if an owner, operator or attendant
sells, leases or otherwise disposes of his interest in the trade, calling business or
occupation carried on at a body-rub parlour, their licence in respect of such body-
rub parlour or activity shall, notwithstanding any other provision of this By-law, be
revoked.
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16. (i)
Every body-rub parlour licence shall have endorsed thereon the location of a
body-rub parlour and such endorsement shall be for one location only and
such licence shall be valid only for the location endorsed thereon.
(ii) Every body-rub parlour owner's, operator's and attendant's licence shall
have endorsed thereon the location of the body-rub parlour which they own
or at which they work and such licence shall be valid only for the locations
endorsed thereon.
(iii) Where an operator or attendant requires the endorsement of an additional
location after issuance of a licence, the operator or attendant must first
produce a copy of the written contract for services with the owner of the
additional location.
APPLICATION, RENEWAL AND REVOCATION OF LICENCE
17. Every applicant shall appear in person before a Licensing Officer and shall
complete such licence application forms as may be provided from time to time by
the Licensing Officer in accordance with the requirements of this By-law and shall
provide all information requested thereon, such information to include,
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(a) a Canadian police clearance letter dated within thirty (30) days of the date of
the application;
(b) current valid photo identification, satisfactory to the Licensing Officer;
(c) proof of age, if required to do so, satisfactory to the Licensing Officer that
every person is of the full age of eighteen years; and
(d) pose for identification photograph to be processed and attached to licence
and corresponding files.
In the case of a body-rub parlour owned by a partnership such appearance shall be
made by one of the partners, provided the application shall be signed by all of the
partners and in the case of a body-rub parlour owned by a corporation, such
appearance shall be made by an officer of the corporation and not by an agent thereof.
18. Every applicant for an,
(a) Operator's licence shall provide the Licensing Officer with a written contract
for services between the owner of the body-rub parlour and the applicant
and signed by the licensed owner of the body-rub parlour contained in the
application.
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(b) Attendant's licence shall provide the Licensing Officer with a written contract
for services between the owner, or the operator of the body-rub parlour and
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the applicant and signed by the licensed owner or licensed operator of the
body-rub parlour contained in the application.
The contract for services shall be dated within 30 days of the date of the
application.
19. Every applicant for an attendant's licence shall provide the Licensing Officer with a
medical certificate from a qualified doctor dated within thirty (30) days of the date of
the application, indicating that the applicant is free from communicable or
transmissible diseases.
20. Every applicant for an owner's licence shall, at the time of making an application,
file with the Licensing Officer a list showing the names and addresses and birth
dates of all operators and attendants employed by or performing services in the
body-rub parlour.
21. At the time of submission of their application, every applicant shall pay to the City
the fee set forth in "Schedule A" of this By-law. Fifty percent of such fee is
refundable in the event that an application is not accepted for licensing.
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22. Receipt of the application and/or the licence fee by the City shall not represent
approval of the application for the issuance of a licence nor shall it obligate the City
to issue such licence.
23. Without limiting the generality of any other provision in this By-law, persons
associated in a partnership applying for a licence under this By-law shall file with
their application a statutory declaration, in writing, signed by all members of the
partnership, which declaration shall state,
(a) the full name of every partner and the address of ordinary residence;
(b) the name or names under which they carry on or intend to carry on
business;
(c) that the persons therein named are the only members of the partnership;
and
(d) the mailing address for the partnership.
24. If any member of a partnership applying for a licence is a corporation, such
corporation shall be deemed to be applying for an owner's or operator's licence as
appropriate in place and stead of the partnership.
25. Without limiting the generality of any other provision in this By-law, every
corporation applying for a licence shall file with the Licensing Officer, at the time of
making its application, a copy of its articles of incorporation or other incorporating
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documents and shall file a statutory declaration, in writing signed by an officer of the
corporation, which declaration shall state,
(a) the full name of every shareholder and the address of ordinary residence;
(b) the name or names under which it carries on or intends to carry on
business;
(c) that the persons therein named are the only shareholders of the
corporation; and
(d) the mailing address for the corporation.
26. Every person applying for a body-rub parlour licence shall file with the Licensing
Officer documentation satisfactory to the Licensing Officer demonstrating the
applicant's right to possess or occupy the premises and if any applicant is not the
registered owner of the property upon which the body-rub parlour is to be located,
such person shall file with the Licensing Officer a copy of their lease, if any, and a
copy of any other document constituting or affecting the legal relationship relating to
the said lands or premises between said applicant and the registered owner.
27. The Licensing Officer shall,
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(a) receive and process all applications for licences and renewal of licences to
be issued under this By-law;
(b) co-ordinate the enforcement of this By-law;
(c) generally perform all the administrative functions conferred upon him or her
by this By law;
(d) make or cause to be made a circulation respecting each body rub parlour
application, which shall include circulation of the licence application to the
Medical Officer of Health and Durham Regional Police for comments;
( e) make or cause to be made all investigations and inspections deemed
necessary to determine whether an applicant meets the requirements of this
By-law and all applicable laws;
(f) issue licences to persons who meet the requirements of this By-law and
suspend licences pursuant to the requirements of this By-law; and
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(g) where a licence has been issued pursuant to this By-law and otherwise
remains in full force and effect, renew the licences of persons who meet the
requirements of this By-law.
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_ 28. The Licensing Officer shall issue the licence only where,
(a) all the information which the applicant is required to provide under this By-
law has been provided, and verified;
(b) all the documents which the applicant is required to provide under this By-
law have been provided;
(c) the licence fee is paid;
(d) the premises, accommodations, equipment or facilities in respect of which
the licence is required comply with the provisions of this By-law or any
other applicable law;
(e) the investigations do not disclose that the issuing of such licence may be
adverse to the public interest; and
(f) the Licensing Officer has no grounds to believe the applicant will not
conduct himself/herself in accordance with the law or with honesty and
integrity.
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29. Where the Licensing Officer determines that a licence should not be issued as a
result of any matter in Section 28 of this By-law, he/she shall notify the applicant.
30. Where an applicant advises the Licensing Officer in writing, that he/she disputes
the determination made by the Licensing Officer under Section 28 of this By-law or
submits that the licence applied for should be issued despite that determination, the
matter shall be referred forthwith by the Licensing Officer to Council, which shall
hear representations from the Licensing Officer and the applicant.
31. The Licensing Officer may suspend a licence where there is reason to believe that
a breach of this By-law has occurred. Such suspension shall take effect upon
service of a written notice to the licensee and the licence shall remain suspended
for no more than thirty days from the date of service of this notice. In order to
continue this suspension beyond the thirty day period or to revoke the licence, the
Licensing Officer must prepare a report and receive Council's direction in this
regard. Where any licence is suspended, it shall not be reinstated until the
Licensing Officer is able to confirm that the conditions leading to the suspension
have been remedied.
32. At any meeting of Council called in relation to a report to determine the issuance,
renewal, suspension or revocation of a licence,
(a) the applicant,
(i) shall be accorded its rights pursuant to the Statutory Powers
Procedure Act including the right to appear and speak to the
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matter; and
(ii) when he or she has been provided with notice of the meeting
and does not attend, Council may proceed with the meeting in
the absence of the applicant.
(b) Council may,
(i) refuse to grant a licence, revoke a licence or suspend a
licence; or
(ii) impose special conditions as a requirement in order to obtain,
continue to hold or renew a licence.
(c) Council shall exercise its power under clause 32(b) of this By-law,
(i) where the applicant has not met the requirements of this By-
law; or
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(ii) upon the grounds that the 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.
33. (1) Any licence that has not been renewed as at December 31st in the year of
its issuance or renewal shall expire on January 1 st in the year following its
issuance or renewal.
(2) Notwithstanding Subsection 33(1), the Licensing Officer may extend a
licence where an application for a renewal of the licence has been made,
and the final disposition of the application remains outstanding by December
31 st of the year in which the renewal application was made.
CHANGE OF STATUS
34. Where there is any change in any of the particulars relating to a person licensed
under this By-law, which particulars are required to be filed with the City on applying
for a licence under this By-law, such person shall report the change to the
Licensing Officer within seven (7) days of the change.
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35. Where there is to be a change in the composition or the controlling interest of a
partnership licensed under this By-law, the persons licensed hereunder in
partnership shall obtain the approval of the Licensing Officer to such change prior
thereto. Where there has been any change in the controlling interest of the
partnership by virtue of a number of transactions, the licence may be suspended
despite the Licensing Officer's prior approval of anyone or more such transactions.
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',IJ (.,
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- 36. Where there is to be a change in the composition or the controlling interest of the
shareholders of a corporation licensed under this By-law, the corporation shall
obtain the approval of the Licensing Officer to such change prior. Where there has
been any change in the controlling interest of the corporation by virtue of a number
of transactions, the licence may be suspended, despite the Licensing Officer's prior
approval of anyone or more such transactions.
OFFENCE. PENAL TV AND ENFORCEMENT
37. Any person who contravenes the provisions of this By-law, including every person
who fails to perform a duty imposed herein or who performs an act prohibited
herein and every director or officer of a corporation who concurs in such a
contravention is guilty of an offence and, upon conviction pursuant to the provisions
of the Provincial Offences Act, is liable to;
(a) a penalty in the case of persons, other than a corporation, not to exceed
$25,000.00 or imprisonment for a term not to exceed one year or both;
(b) a penalty in the case of a corporation, not to exceed $50,000.00; and
(c) an order closing the body-rub parlour, which is the subject of the
contravention, for a period not to exceed two years.
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38. The making of a false or intentionally misleading recital of fact, statement or
representation in any agreement, statutory declaration or application form
required by this By-law shall be deemed to be a violation of the provisions of this
By-law.
39. Every person shall comply with the provisions of this By-law applicable to him/her
whether or not he/she is licensed under this By-law.
40. Every owner, operator and attendant shall, during the operating hours of the
body-rub parlour and at all times when body-rubs are provided therein, make
available for inspection by the Licensing Officer, a peace officer, a Medical
Officer of Health, a Provincial Offences Officer, or a municipal law enforcement
officer the original of any document or record or licence referred to in this By-law.
41. Every owner and every operator of a body-rub parlour shall, at all times during
the hours of operation of the body-rub parlour and during all hours when body-
rubs are being provided at the body-rub parlour, permit the entry by and the
inspection of the body-rub parlour by a municipal law enforcement officer, a
Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a
Peace Officer.
42. No person may obstruct or hinder the entry or the inspection of a body-rub
parlour by a municipal law enforcement officer, a Provincial Offences Officer, the
Licensing Officer, a Medical Officer of Health or a Peace Officer.
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VALIDITY
43. Should any section of this By-law be declared invalid by a court of competent
jurisdiction, such section shall be construed as being severed herefrom and the
remainder of the By-law shall continue in full force and effect.
44. All Schedules referred to in this By-law are deemed to be part of this By-law.
45. Wherever notice or materials are required to be provided to any person pursuant
to this By-law, such notice shall be deemed effective two (2) days after mailing of
the materials by registered mail to the last address of that person as indicated
upon the licence application or upon other material filed with the City.
46. The provisions of this By-law are not applicable in relation to medical or
therapeutic treatment given by a person otherwise duly qualified, licensed or
registered to do so under the laws of the Province of Ontario.
47. This By-law shall be known as the Body-Rub Parlour By-law.
48. By-law 5764/00, "A By-law respecting the licensing and regulating of body-rub
parlours and attendants" shall be repealed effective January 16, 2006.
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49. This By-law shall come into force on January 16, 2006 and remain in force until
December 31,2010.
BY-LAW read a first, second and third time and finally passed this 16th day of January,
2006.
David Ryan, Mayor
Debi A. Bentley, Clerk
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SCHEDULE "A"
TO BY-LAW NUMBER xxx
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Body-Rub Parlour Licence Fees:
Owner/Operator: $500.00
Owner who does not operate: $250.00
Operator other than Owner: $250.00
Attendant $150.00
For the term of any licence period expiring December 31st of any year.
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SCHEDULE "B"
105
TO BY-LAW NUMBER xxx
DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE
SCHEDULE 'B'
DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE
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I">ICKERJNG GENEF=!:ATING STATION
LAKE ONTARIO
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