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HomeMy WebLinkAboutBy-law 5764/00TltE CORPORATION OF TltE CITY OF PICKERING BY-LAW NUMBER 5764/00 Being a by-law to licence and regulate body-mb parlours in the City of Picketing. WHEREAS pursuant to Section 224(1) of the Municipal Act R.S.O. 1990, c.M.45 by- laws may be passed by the councils of cities for licensing, regulating, governing and inspecting body-mb parlours and for revoking or suspending any such licence and for limiting the number oflicences to be granted; and WHEREAS section 224(2) of the said Act provides for a by-law passed under this Section to regulate the sign or other advertising devices for body-mb parlours; WHEREAS Section 224(3) of the said Act further provides for a by-law defining the area or areas in a city in which body-mb parlours may or may not operate and may limit the number of licences to be granted in respect of body-mb parlours in any such area or areas in which they are permitted; and WHEREAS Section 224(4) of the said Act provides for by-laws to be passed prohibiting the premises to be constructed or equipped in such a manner as to hinder or prevent the enforcement of the by-law; and WHEREAS Section 224(5) of the said Act provides for entry by a medical officer of health or a public health inspector acting under his or her direction or a peace officer where there is reason to suspect that a breach of the by-law has occurred and such entry may be made at any time of the day or night for the 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 of 18 years to enter or remain in the body-mb parlour or any part thereof, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law, (a) "Body-mb" includes the kneading, manipulating, robbing, 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, licenced or registered so to do under the laws of the Province of Ontario. Co) "Body-mb parlour" includes any premises or part thereof where a body-mb 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-mbs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licenced or registered so to do under the laws of the Province of Ontario. (c) "Body-robber" includes any person who performs, offers, solicits or receives a Body-Rub. (d) "City" means the Corporation of the City of Pickering. (e) (g) "Council" means the Council of the Corporation of the City of Pickering. "Manager" means the Manager of the By-law Enforcement Services Section or, in his or her absence, any person authorized to fulfill the responsibilities of the Manager. "Owner" when used in reference to a body-rub parlour means a person who alone or with others has the right to possess or occupy a body-rub parlour or actually does possess or occupy a body-rub parlour, and includes a lessee of a body-rub parlour or premises upon which a body-rub parlour is located. "Operator' when used in reference to a body-rub parlour refers to any person who alone or with others operates, manages, supervises, runs or controls a body-rub parlour and "operate", "operation" and other words or like import or intent shall be given a corresponding meaning. LICENCE REQUIREMENT There shall be taken out by every owner and every operator of a body-rub parlour a licence from the City authorizing him or her to carry on such business in the City, for which licence the person obtaining same shall pay to the City, at or before the time of taking out such licence, the fee fixed by this By-law, and no person shall, within the limited of the City, carry on or engage in such business until he or she has procured such licence to do so. DEFINED AREAS The area of the City defined in Schedule "B" to this By-law, which Schedule shall be deemed to be part of this By-law, is an area in which a body-mb parlour may operate and no body-mb parlours are permitted to operate in any other area or areas of the City. APPLICATIONS FOR LICENCES Applications for the issuance or renewal of a licence for a body rub parlour for any given year must be received by the Manager, in the form prescribed by the Manager, on or before the 31st day of December for the next ensuing licence and calendar year. The applicant shall, at the time of filing of the application, deliver to the Manager cash, money order or certified cheque in the amount of the licence fee, fixed pursuant to Schedule "A" of this By-law, for every licence required under this By-law or for the renewal thereof. o No licence shall be issued for a body rub parlour on premises where the City's Zoning By- laws do not permit the use of those premises for such purposes. (a) On every application for an owner's, operator's, or body-rubber's licence or the renewal thereof, the applicant shall attend in person and not be an agent, at the office of the Manager and shall complete the prescribed forms and shall furnish such information as may be directed. (b) In the case of a body-mb parlour owned or operated by a partnership, the attendance required under Subsection (a) of this Section shall be by one of the partners and in the case of a body-mb parlour owned or operated by a corporation such attendance shall be by an officer of the corporation. (c) Every applicant for a body-robber's licence shall submit with their application two (2) passport size photographs of his face, one of which photographs shall be attached to the licence and the other which shall be filed with the Manager, and upon application for renewal of any licence, the applicant shall furnish new photographs if required to do so by the Manager. (d) Every applicant for an owner's licence shall, at the time of making his application, file with the Manager a list showing the names and addresses and birth dates of all operators and body-robbers employed by or performing services in his body-mb parlour. (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 that every person is of the full age of eighteen years. It shall be the duty of every member of a partnership to advise the Manager immediately in writing of any change in the membership of the partnership and of any other change in any of the particulars relating to the partnership or its business including the names, addresses and birth dates of all new partners which are required to be filed with the Manager and Council may, at its discretion, determine whether the licence or licences shall be revoked. Every person applying for a body-robber's licence or renewal thereof, shall deliver or have delivered to the Manager, prior to his licence being issued or renewed, a certificate on a form, supplied by the Manager, signed by a duly qualified medical practitioner within one (1) month immediately prior to the date of the application certifying that such person is free from communicable diseases and is medically fit to perform or receive body-mbs. 10. (a) A separate owner's licence shall be taken out in respect of each body-mb parlour. (b) A separate operator's licence shall be taken out in respect of each body-mb parlour. (c) Each owner, owner/operator, and operator shall if they perform, offer, solicit or receive a body-mb be licenced as a body-robber pursuant to the provisions of this By-law. REGULATIONS APPLICABLE TO BODY-RUB PARLOURS 11. (a) No owner of a body-mb parlour shall permit any person other than a licenced operator to operate such body-mb parlour. (b) No owner or operator shall permit any body-mb to be performed, offered, or solicited in the pursuance of a trade, calling, business or occupation, upon or at his body-mb parlour, by any person other than a licenced body-robber. (c) No body-robber or other person shall perform, offer or solicit body-mbs in any body-parlour unless the owner of the said body-mb parlour, and the operator, if any, of the said body-mb parlour is duly licenced as owner or operator respectively under this By-law. (d) No operator shall operate the said body-mb parlour unless the owner of the said body-mb parlour is duly licenced as an owner under this By-law. (e) No operator may operate a body-mb parlour unless he first notifies the Manager of the name of the owner whose body-mb parlour he intends to operate and has endorsed upon his licence the said owner's name accordingly, and every operator, before operating any other body-mb parlour, shall notify the Manager of his intention so to do and have his licence endorsed accordingly. 12. Every owner and operator shall keep his licence issued in respect of that body-mb parlour, exposed in a conspicuous place in the interior of this aid premises at all times during the currency of the licence. 13. Every owner, operator or body-robber who changes his address shall, within four (4) days after such change, attend at the office of the Manager and notify the Manager of such change of address and produce his licence for the change to be entered thereon. 14. No owner or operator shall perform or provide any service or services or permit the performing or providing of any service or services in any body-mb parlour which is constructed or equipped so as to hinder or prevent the enforcement of this By-law. 15. (a) Every body-mb or other service performed in a body-mb parlour shall be given in an individual room or cubicle, but no owner or operator shall cause or permit the door or other means of access to any room or cubicle where body-mbs 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 permit the obstruction, hindrance or delay of any person attempting to gain entry into a room or cubicle in a body-mb parlour in which a service is or may be provided in respect of such body-mb parlour. 16. Every owner who operates their own body-mb parlour and every operator of a body-mb parlour, in the operation of the body-mb parlour, shall ensure that: (a) adequate toilet and washroom accommodations are provided in accordance with the Building Code as amended from time to time issued pursuant to the Building Code Act, 1992, S.O. 1992 c.23; (b) the body-mb parlour is kept in a clean and sanitary condition; (c) every table, mat or other surface upon which persons lie or sit while being given or provided with a body-mb shall be clean and in good repair, and shall have a top surface of impervious material; (d) every table mat or other surface referred to in Subsection (c) hereof shall be covered with a fresh, clean individual paper or cloth sheet before any person receives a body-mb thereon; (e) every sheet or towel shall, immediately at~er 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. all exterior signs and advertisements relating to the body-mb parlour shall comply with all applicable law. (g) the signage referred to in subsection (f) herein shall not contain any offensive words or graphics. 17. Every owner or operator of a body-mb parlour shall post and keep posted in a prominent location inside the body-mb parlour, signs sufficient to indicate clearly to every person in the body-mb parlour, that no person under the age of eighteen years is permitted to remain in such body-mb parlour or part thereof. 18. No owner, operator or body-robber shall perform or permit to be performed a body-mb in any body-mb parlour by or upon any person whom he has reasonable cause to suspect has been exposed to or is suffering from any communicable disease, including any communicable skin disease. 19. 20. 21. Every owner, operator, body-robber or other person performing services in, at or upon a body-mb parlour or in attendance at a body-mb parlour in pursuance of trade, calling, business or occupation carried on by the owner, or operator of such body-mb parlour, shall, upon a request made to him by any Peace Officer, Law Enforcement Officer or Public Health Inspector acting under the direction of the Medical Officer of Health, provide his name and residential address, and if he is licenced under this By-law in respect of any trade, calling, business or occupation relating to such body-mb parlour, he shall produce his said licence. A Peace Officer, or Public Health Inspector acting under the direction of the Medical Officer of Health, may enter and inspect all areas of a body-mb parlour, at any time of the night or day, for the purposes of carrying out the enforcement of this By-law. The offering, selling, giving, performing or soliciting of any service and the selling, giving, trading or offering of any goods in a body-mb parlour, shall comply to all applicable law. 22. (a) No person under the age of eighteen may be or act as an owner or operator of a body-mb parlour or provide any services in a body-mb parlour. (b) No person may provide a body-mb or any other service in a body-mb parlour to a person who is under the age of eighteen years. (c) No owner or operator shall permit any person under the age of eighteen to enter or remain in any body-mb parlour owned or operated by him. PENALTY 23. (1) (2) Every person who contravenes any provision of this by-law, and evry director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is oliable to a fine, exclusive of costs, not exceeding $25,000.00. Where a corporation is convicted of an offence under this By-law, the maximum penalty, exclusive of costs, that may be imposed on the corporation is $50,000.00, and not as provided in subsection (1). 24. If a court of competent jurisdiction declares 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 the intention of the Council in enacting this By-law, that each and every other provision of this By-law authorized by law, be applied and enforced in accordance with its terms to the extent possible according to law. EFFECTIVE DATE OF BY-LAW 25 This by-law shall take effect on January 1, 2001. By-law read a first, second and third time and finally passed this 16th day of October, 2000. Wayne t~mce Taylor, Clerk SCHEDULE "A" TO BY-LAW NUMBER 5764/00 Body-Rub Parlours: First Licence: Owner/Operator: Owner who does not operate: Operator other than Owner: Body-Rubber $1,500.00 $1,400.00 $100.00 $100.00 For the term of any licence period expiring December 31~t of any year. Renewal: Owner/Operation: Owner who does not operate: Operator other than Owner: Body-Rubbers $100.00 $100.00 $100.00 $100.00 SCHEDULE "B" TO BY-LAW NUMBER DEFINED AREAS WFIERE A BODY RUB PARLOUR MAY OPERATE SCHEDULE 'B' TO BY-LAW 5784/OO DEFINED AREAS WHERE A BODY RUB PARLOUR MAy OPERATE