STAFF REPORT TO COUNCIL Report No. 18-2009
August 17, 2009
From: Robert Haller, CAO/Clerk
RE: Adult Entertainment By-law
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Background:
Council passed by-law 06-2005 with the intention of licensing and restricting adult
entertainment ‘establishments’ in town. While the by-law was developed in response to
an adult entertainment ‘parlour’, the definition for ‘establishment’ included the provision
of ‘goods’. A recent application to open an adult sex toys shop would be blocked from
opening in town under this by-law which restricts the total number of adult entertainment
establishments to just one.
The CAO/Clerk was directed to develop a revised by-law that would allow for the
applicants store, but still retain some controls and restrictions.
The Municipal Act has been revised since 2005, changing some of the Section
numbering that provides municipalities with the authority to license businesses, and in
particular, adult entertainment establishments. The Municipal Act defines adult
entertainment as:
any premises or any part of them is an adult entertainment
establishment if, in the pursuance of a business
(a) goods, entertainment or services that are designed to appeal to erotic
or sexual appetites or inclinations are provided in the premises or part of
the premises; or
(b) body-rubs, including the kneading, manipulating, rubbing, massaging,
touching or stimulating by any means of a person’s body, are performed,
offered or solicited in the premises or part of the premises, excluding
premises or part of them where body-rubs performed, offered or solicited
are for the purpose of medical or therapeutic treatment and are
performed or offered by persons otherwise duly qualified, licensed or
registered to do so under a statute of Ontario.
So the Act does allow the licensing of adult entertainment performances and services
as well as the sale of goods. My review noted several challenges to municipal by-laws
have been upheld by the courts in recent years, confirming the right to license and to
restrict these businesses.
The basis for our original by-law (06-2005) was from the City of Ottawa, and I also used
newer City of Ottawa by-laws to revise our by-law to consider goods.
Analysis and Comment:
Trying to keep most of the original by-law (06-2005) intact, the following is a summary
of the changes and/or additions:
- revised references to the Municipal Act
- new definitions added for ‘goods’ ‘parlour’, ‘store’, ‘adult video’, ‘adult magazine’
- store defined as providing goods representing more than 10% of floor space,
product, or gross sales
- by-law split into three main parts to address parlours, adult stores, and other
stores each separately
- Parlours (no change)
o a restriction of just one in town
o must be in northwest
o 500m from schools, churches, parks, etc.
o licenses for owner, operator and performer
o must be an operator on premises whenever open
- Adult Stores (over 10%)
o restriction of just two in town
o not on King between Edward and George
o reduced 500m to 250m from schools, etc
o owner and operator need a licence
o no requirement for operator onsite at all times
o must keep list of videos
o no one under 18 allowed in
o must post signs RE: 18 yrs only
o sign control – no text or pictorial of nudity or sexual activity
o no view of goods showing nudity or sexual activity outside of store
o no showing of videos
- Other stores (less than 10%)
o Goods, video and magazines showing nudity or sexual activity to be
controlled and not to be seen by customers unless in designated area
o Must keep list of videos
o Cannot sell to anyone under 18
Recommendation:
That Council adopt By-law 20-2009 and repeal By-law 06-2005.