The Corporation of the Town of Richmond Hill BY-LAW NO. 135-00 A By-law to Repeal and Replace Chapter 834 of the Town of Richmond Hill Municipal Code Respecting Body-Rub Parlours WHEREAS Council at its meeting on June 12, 2000 adopted the recommendation in Staff Report SRS.00.19 pertaining to proposed amendments to Chapter 834 of the Municipal Code respecting Body- Rub Parlours; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF RICHMOND HILL ENACTS AS FOLLOWS: 1. That Chapter 834 of the Municipal Code pertaining to Body-Rub Parlours is hereby repealed in its entirety, and Appendix "A" attached to this by-law substituted therefor. 2. That By-laws Nos. 192-98, 201-98, and 145-99 are hereby repealed. READ A FIRST AND SECOND TIME THIS 12TH DAY OF JUNE, 2000. READ A THIRD TIME AND PASSED THIS 12TH DAY OF JUNE, 2000. Signed - Mayor Signed - Deputy Clerk ********************************************************************************* APPENDIX "A" LICENCE Chapter 834 BODY-RUB PARLOUR ******** Article 1 SHORT TITLE 834.1.1 Citation This Chapter may be referred to as the "Body-Rub Parlour Licensing By-law." Article 2 INTERPRETATION 834.2.1 Attendant - defined "attendant" means a person who, in pursuance of a trade, business or occupation, provides services at a body-rub parlour. 834.2.2 Attendant's licence - defined "attendant's licence" means a valid and subsisting licence, issued under this Chapter to an attendant, in respect of the provision by such attendant of services at a body-rub parlour. 834.2.3 Body-rub - defined "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, licenced or registered so to do under the laws of the Province of Ontario. 834.2.4 Body-rub parlour - defined "body-rub parlour" includes any premises or part thereof where a body-rub is performed, offered or solicited in pursuance of a trade, calling, business, or occupation. 834.2.5 Body-rub parlour operator's licence - defined "body rub parlour operator's licence" means a valid and subsisting licence, issued under this Chapter to an operator as defined in this section. 834.2.6 Body-rub parlour owner's licence - defined "body-rub parlour owner's licence" means a valid and subsisting licence, issued under this Chapter to an owner as defined in this section. 834.2.7 Complementary health care service provider - defined "complementary health care service provider" and "complementary health care organization" shall have the meanings assigned thereto in Schedule 'A' hereto. 834.2.8 Council - defined "Council" means the Council of The Corporation of the Town of Richmond Hill. 834.2.9 Customer - defined "customer" includes any person seeking, soliciting or receiving a body-rub or any other service at a body-rub parlour. 834.2.10 Him or Her "he or she" includes "it", and "him" and "her" include "its" and "his or her" include "its". 834.2.11 Licence - defined "licence" means an authorization under this Chapter to carry on the trade, calling, business or occupation specified therein and the document providing evidence of such authorization, as the context may allow. 834.2.12 Licensing Officer - defined "Licensing Officer" means a person appointed by the Town from time to time to issue licences, and his or her designate from time to time. 834.2.13 Medical Officer of Health - defined "Medical Officer of Health" means the Medical Officer of Health for the Regional Municipality of York. 834.2.14 Operator - defined "operator" means an individual person who, alone or with others, operates, manages, supervises, runs or directs a body-rub parlour, on an ongoing basis or from time to time. 834.2.15 Owner - defined "owner" means the owner of a body-rub parlour business, and includes 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 of premises upon which a body-rub parlour is located. 834.2.16 Person - defined "person" includes a partnership or corporation and the heirs, executors, administrators or other legal representatives of a person, to whom the context can apply according to law. 834.2.17 Sign - defined "sign" means any advertising device or notice, including its structure and other component parts, which is used or is capable of being used to attract attention to a specific subject matter. 834.2.18 To provide - defined "to provide" when used in relation to body-rubs includes to offer to provide or to cause or permit the provision of, a body-rub. 834.2.19 Town - defined "Town" means the Corporation of the Town of Richmond Hill. Article 3 GENERAL PROVISIONS 834.3.1 Operation - business - without licence - prohibited No person shall carry on or engage in business as an owner or an operator of a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this Chapter, a body- rub parlour owner's licence, or a body-rub parlour operator's licence, respectively. 834.3.1(a) No owner may knowingly carry on or engage in the business of owning a body-rub parlour on, in or in respect of any premises or part of any premises without a licence required under this By-law. 834.3.2 Operation attendant - without licence - prohibited No person shall carry on or engage in business as an operator or as an attendant in a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this Chapter, an operator's or attendant's licence respectively. 834.3.3 Owner - operator - attendant - requirements Every owner, operator and attendant shall, in carrying on or engaging in any business to which this Chapter applies, comply with the requirements of this Chapter. 834.3.4 Service - erotic - sexual - limitation (1) No person shall provide in a body-rub parlour any services designed to appeal to erotic or sexual appetites or inclinations, or any other adult entertainment service as defined in Section 1 to Schedule 'A' hereto. (2) No Adult entertainment parlour licence, as provided for in Chapter 829 of the Town of Richmond Hill Municipal Code, shall be granted to a body-rub parlour, whether or not licensed as such by the Town, and no body-rub parlour licence as provided for in this Chapter shall be granted to an adult entertainment parlour whether or not licenced as such by the Town. 834.3.5 Service - to person under eighteen years - prohibited No person may provide services in a body-rub parlour to any person under the age of eighteen years. 834.3.6 Entry - person under eighteen years - prohibited No person under the age of eighteen years may enter, be allowed to enter, remain in or be allowed to remain in, any part of a body-rub parlour. 834.3.7 Sign - age restriction - posted - every entrance Every owner and operator shall ensure that there is posted in a prominent location at every 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. 834.3.8 Regulations - supplied - instructions - to all employees Every owner and operator shall, before permitting any person to provide services at a body-rub parlour, provide to such person a copy of the regulations in this Chapter, and instruct such person with respect to each of the regulations. 834.3.9 Service - other than specified - prohibited Every owner and every operator shall ensure that all services provided at the body-rub parlour are provided in accordance with the requirements of this Chapter. 834.3.10 Owner or operator - present - during hours of operation No owner or operator shall permit a body-rub parlour to be open for business unless the owner or an operator is in attendance at all times. 834.3.11 Intoxicated person - prohibited entry No owner or operator shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in a body-rub parlour. 834.3.12 Licence - posted - conspicuous - at all times Every owner and operator licenced under this Chapter shall cause the licence issued to him or her in respect of the body-rub parlour to be posted and maintained in a conspicuous place in the body-rub parlour, in a manner satisfactory to the Licensing Officer, at all times during the currency of the licence. 834.3.13 Service - by licenced attendant - only No owner or operator may permit any person, except a person holding an attendant's licence, to perform any service at a body-rub parlour. 834.3.14 Licensed - owner - operator - on premises No attendant may provide services at a body-rub parlour unless there is in attendance a person at the premises holding a body-rub parlour owner's licence or a body-rub parlour operator's licence. 834.3.15 Employment contract - required - open to inspection (1) Every agreement or arrangement between an owner and an operator pertaining to the operation of a body-rub parlour by the operator, shall be in writing. (2) Every agreement or arrangement between an owner or operator, and an attendant, pertaining to the provision of services by the attendant at a body-rub parlour, shall be in writing. (3) Every document referred to in subsection (2) shall contain: (a) the full name of the attendant; (b) his or her date of birth; (c) his or her permanent and any temporary address, as may be applicable; and (d) his or her social insurance number or other document evidencing entitlement to work in Canada, which may include but is not limited to a letter of prospective employment or engagement form the owner or operator; and shall have affixed thereto a facial photograph of the attendant taken within the past six months, of a size not less than three inches in length and two-and-a-half inches in width. (4) The owner shall file a true copy of every written document referred to in subsections (1) and (2) of this Section, with the Licensing Officer before the commencement of operation of the body- rub parlour or the provision of services, at the body-rub parlour, as the case may be. (5) The owner shall also file with the Licensing Officer: (a) a true copy of every other agreement or other document constituting or pertaining to the relationship between the owner and any operator or other person pertaining to the ownership or operation of the premises or the body-rub parlour business; (b) a true copy of all amendments or replacement agreements to the agreements or other documents referred to elsewhere in this section; (c) a true copy of any lease between any owner or operator and the owner of the property upon which a body-rub parlour business is carried on. 834.3.16 Attendant - licence - posted - prominent Every owner and every operator of a body-rub parlour shall post, in a prominent location that is satisfactory to the Licensing Officer, a copy of the licence issued under this Chapter to every attendant providing services at the body-rub parlour. 834.3.17 Attendant - customer - pubic area covered Every attendant, every customer, and every other person at a body-rub parlour shall be clothed in a manner by which such person's pubic area and, in the case of a woman, her breasts, are fully covered by opaque material. 834.3.18 Camera - recording devices - prohibited - exception 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, but this paragraph shall not prohibit: (a) the use of any camera or other device used by a public authority for the enforcement of the law; or (b) the maintenance of a camera in the entrance area of premises for security purposes only. 834.3.19 Owner - not natural person - licenced operator on premises (1) Where the owner of a body-rub parlour is not an individual person, there must be one or more licenced operators, who is or are individual persons, sufficient to comply with the requirements of this Chapter. (2) No person other than an individual person may operate a body-rub parlour. 834.3.20 Sign - in lobby - content 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: "These premises are licensed as a body rub parlour by the Town of Richmond Hill. The By-law regulating these premises 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 or inclinations". 834.3.21 Applicable - to all lands - premises - within Town The provisions of this Chapter shall apply to all lands and premises within the Town. 834.3.22 Severability Should any section of this Chapter be declared invalid by a court of competent jurisdiction, it is the intention of the Council that such section shall be severed herefrom and that the remainder of the Chapter shall continue in full force and effect. 834.3.23 Notice - materials - when deemed served Wherever notice or any document are required to be provided to any person pursuant to this Chapter, service of same shall be deemed to have been effected upon the mailing of the notice or document by registered mail to the last address of that person, as indicated upon the licence application or contained in other records on file with the Town, or to the last assessed business address for the person, as indicated upon the assessment roll. 834.3.24 Schedules - part of Chapter Schedules 'A' and 'B' hereto are deemed to be part of this Chapter. 834.3.25 Exemptions - medical - therapeutic - health care The provisions of this Chapter are not applicable in relation to the following activities: (a) medical or therapeutic treatment given by a person otherwise duly qualified, licenced or registered to do so under the laws of the Province of Ontario; and (b) except as provided for in this Chapter, health care services provided by a complementary health care service provider in accordance with and under the conditions prescribed in the provisions of Schedule 'A' hereto. Article 4 SIGNS - ADVERTISEMENTS 834.4.1 Compliance - sign by-law - additional requirement - set out In addition to compliance with the Town's Sign by-law, as amended from time to time, no person may erect or maintain any sign or other device advertising a body-rub parlour, except in accordance with the additional regulations as set out in sections 834.4.2 through 834.4.5 inclusive. 834.4.2 Sign types - prohibited No person shall erect or maintain any of the following signs or other advertising devices in respect of a body-rub parlour or in respect of any services provided at a body-rub parlour: an awning sign; a canopy sign; a projecting sign; an inflatable sign; a portable sign; a trailer sign; a ground or pylon sing; a sandwich board sign. 834.4.3 Poster - flyer - handbill - circulation - prohibited No person shall circulate, post, distribute or cause to be circulated, posted, or distributed any poster, flyer, handbill or other form of printed sign or advertising device on or at any premises or locations, other than the body-rub parlour, with the exception of advertising located in a newspaper or telephone directory. 834.4.4 Sign - not visible to outside - permitted Nothing in this Chapter shall be deemed to constrain any person from erecting or maintaining any sign or other advertising device 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. 834.4.5 Letter - marking - symbol - picture - restriction No person may erect or maintain any sign or other advertising device 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 logo or symbol, provided a copy of such logo or symbol is filed with the Licensing Officer as part of the licensing process. Article 5 DESIGN OF PREMISES 834.5.1 Compliance - regulations - set out No person may engage in business as an owner or operator of a body-rub parlour, except in accordance with the regulations set out in Sections 834.5.2 through 834.5.15 inclusive. 834.5.2 Floor plan - provided - rooms designated 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 areas located within the body-rub parlour, nor in a room designated as an office or storage room pursuant to Section 8.5.4 834.5.3 Floor plan - amendment prior approval required In the event that the owner or operator wishes to amend the floor plan, he or she 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 Officer, and may permit or other approval required by law. 834.5.4 Locking device - on room - prohibited 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, leaving, or obtaining access to such area. 834.5.5 Entrance - unlocked - during hours of operation During the hours of operation of a body-rub parlour the owner or operator shall ensure that the principal means of access into the body-rub parlour shall be kept unlocked and available so that anyone coming into the body-rub parlour may enter therein without hindrance or delay. 834.5.6 Premise - use of dwelling - contained bed - prohibited 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 bed or other furniture which is commonly used or which may be used for sleeping purposes. 834.5.7 Window - required - permit viewing of body-rub (1) Every room, designated for the provision of body-rubs pursuant to Section 834.5.2 shall be equipped with a window to permit observation by third parties from outside such room, of the provision of all body-rubs. (2) Despite Section 834.3.25 and Schedule 'A' hereto, every room, cubicle, enclosure or partitioned area located in premises in which health care services are provided by a complementary health care service provider, shall be equipped with a window to permit observation by third parties from outside of such room, cubicle, enclosure or partitioned area, of the provision of such services. Such window need not be visually accessible to persons in the public waiting area of the premises. 834.5.8 Ventilation - lighting - adequate 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. 834.5.9 Fixtures - equipment - washed regularly - sanitary Every body-rub parlour and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition. 834.5.10 Utility - sink - required Every body-rub parlour shall be equipped with an effective utility sink. 834.5.11 Toilet washroom accommodation - adequate Adequate toilet and washroom accommodation shall be provided in accordance with the regulations set forth under applicable legislation of the Province of Ontario, and there shall be separate such rooms for males and females. 834.5.12 Washroom - requirements Washrooms shall be equipped with: (a) an adequate supply of hot and cold water; (b) an adequate supply of liquid soap in a suitable container or dispenser; (c) hot air dryers or individual towels in a suitable container or dispenser; and (d) a suitable receptacle for used towels and waste material. 834.5.13 Shower - bathroom - sauna - bathroom - requirements In any shower-bathroom, and in any sauna-bathroom: (a) the floors shall be disinfected at least once a week with a disinfecting solution, approved by the Medical Officer of Health; (b) all surfaces and attached accessories of the bath or shower enclosure must be self-draining; (c) all showers must have removable cleanable drain covers; and (d) floor surfaces both within and without the enclosures shall be of non-slip type. 834.5.14 First-aid kit - required Every owner and operator shall provide and maintain at all times within the body-rub parlour a first-aid kit, equipped in a manner satisfactory to the Medical Officer of Health. 834.5.15 Building - complying with Code - drawings provided Every body-rub parlour shall be constructed in accordance with the Ontario Building Code, as amended, and every applicant for an owner's licence shall provide the Licensing Officer with such drawings as may be required to assess compliance in this regard. Article 6 HOURS OF OPERATION 834.6.1 Times - specified (1) Despite Section 834.3.25 and Schedule 'A' hereto, no body-rub parlour, including any premises in which health care services are provided by a complementary health care service provider, shall be open to the public, and no services shall be provided in any such body-rub parlour, except between the hours of 7:00 a.m. and 11:00 p.m. of the same day. (2) Every owner and operator of any body-rub parlour or premises referred to in subsection (1) of this Section, and every complementary health care provider, shall comply with and ensure compliance by every operator and attendant and all other persons employed in such body-rub parlour or premises with, the requirements of that section. (3) No person shall provide a body-rub, health care services or any other service in a body- rub parlour or any other premises referred to in subsection (1) except within the hours in which such premises are authorized to be open to the public pursuant to subsection (1). Article 7 LOCATION RESTRICTION - LIMITATION ON NUMBER 834.7.1 Location - distance from - residential - public institutions No person any own or operate a body-rub parlour: (a) within 500 metres of any residential zone in existence when the application for licence is submitted to the Licensing Officer; (b) within 500 metres of any school, church or child daycare centre in existence when the application for licence is submitted to the Licensing Officer. 834.7.2 Limitation - maximum 10 parlours - in Town Subject to Section 834.7.3, the number of body-rub parlours which may be licensed within the Town shall be limited to 10. 834.7.3 Number exceeding limitation - upon enactment Despite Sections 834.7.1 and Section 834.7.2 of this Chapter, in the event that there were in existence, on July 20, 1998, more than 10 body-rub parlours in the Town, licences may be issued to any such premises provided that they have continued to be so used since July 20, 1998, and are in actual use as a body-rub parlour on the date of replacement hereby of that Chapter, provided such application complies with all other provisions of this Chapter. 834.7.4 Operation ceased - licence revoked - total reduced Should any premises licensed pursuant to this Chapter cease to be used for the purpose of a body-rub parlour, any licence issued under this Chapter may be revoked or otherwise terminated, no renewal or further such licence shall be issued and the total number of licences authorized under this Section shall be decreased by one, provided that the number of licences shall at no time be reduced to fewer than two, by operation of this Section. 834.7.5 Compliance - Zoning By-laws No person may own or operate a body-rub parlour in at or upon any premises except upon such lands as are zoned to permit the use of a body-rub parlour pursuant to applicable Zoning By- laws. Article 8 LICENCE 834.8.1 Licence - property of Town 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 Town and shall remain so, irrespective of the issuance, renewal or revocation thereof. 834.8.2 Name - use - as licenced - only No person licenced to carry on any trade, calling, business or occupation pursuant to this Chapter may advertise or promote or carry on such trade, calling, business or occupation under any name other than the name endorsed upon his or her licence. 834.8.3 Expiry Every licence issued under this Chapter, unless expressed to be for a shorter or longer time, shall provide for a term terminating December 31 in the year of issuance, unless revoked or otherwise terminated under this Chapter, prior to that date. 834.8.4 Transfer - sale - of licence - prohibited No licence shall be transferred or assigned, and if an owner or operator sells, leases or otherwise disposes of his or her interest in the business, the licence and all rights granted thereunder shall terminate. 834.8.5 Location - endorsed on licence Every body-rub parlour licence shall have endorsed thereon the location of the body-rub parlour and such endorsement shall be for one location only and such licence shall be valid only for the location endorsed thereon. Article 9 APPLICATION - RENEWAL - REVOCATION OF LICENCE 834.9.1 Application - in person - before Licensing Officer Every applicant for a body-rub parlour owner or operator licence 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 Chapter and shall provide all information requested thereon, and shall furnish to the Licensing Officer such information as the council may direct or the Licensing Officer require. 834.9.2 Application - by partnership - corporation - requirements In the case of a body-rub parlour owned by a partnership, such appearance required under Section 834.9.1, 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. 834.9.3 Application - photographs provided Every applicant for a body-rub parlour owner or operator licence, where such person is an individual person, shall provide two passport-size facial photographs, which must be taken within thirty days prior to the licence application. Where such person is a corporation, such photographs shall be taken of an officer of the corporation. Where the applicant is a partnership, such photograph shall be taken of one of the partners. 834.9.4 Attendant - application - letter of prospective employment Every applicant for an attendant's licence shall provide a letter of prospective employment or engagement from the owner or operator of a licenced body-rub parlour. 834.9.5 Attendant - medical certificate - re-examination Every applicant for an attendant's licence shall provide the Licensing Officer with a medical certificate from a physician qualified to practice medicine in the Province of Ontario, dated within thirty days of the date of the application, indicating that the applicant is free from communicable or transmissible diseases and shall submit to such tests in relation to communicable or transmissible diseases as the Medical Officer of Health may require. 834.9.6 Fee - payment upon application At the time of submission of every application for a licence pursuant to this Chapter, the applicant shall pay to the Town the fee set forth in Schedule 'B' hereto, provided such fee shall not be reduced in the event that the period for which the licence is granted is less than one year. In the event that an application is not accepted for licensing, fifty percent of such fee shall be used to defray the cost to the Town for processing the application. 834.9.7 Fee - refund - 50 per cent - application rejected Fifty per cent of the licence fee is refundable in the event that an application is not accepted for licensing. 834.9.8 Receipt of application - fee - not deemed approval Receipt of the application or the licence fee by the Licensing Officer shall not represent approval of the application for the issuance of a licence, nor shall it obligate the Licensing Officer to issue such licence. 834.9.9 Partnership - statutory declaration - requirement Without limiting the generality of any other provision in this Chapter, persons associated in a partnership, applying for a licence under this Chapter, 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 his or her 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; (d) the mailing address for the partnership; (e) the identity of all persons or entities having an interest, direct or indirect, any trust arrangement, or any financial or contractual or understood arrangement, with respect to the ownership or operation of the premises or the body-rub parlour or the control or management of same; and (f) the identity of every person having a beneficial interest, directly or indirectly in the premises or in the business to be carried on to which this Chapter relates and every person having a right to receive income, revenue or benefit, and the terms upon such interest or right is conferred. 834.9.10 Partner - a corporation - conditions 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 licence, and the applicant shall comply with the requirements of this Chapter with respect to a corporate applicant, as well as those relating to a partnership application. 834.9.11 Corporation - statutory declaration - requirement Without limiting the generality of any other provision in this Chapter, 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 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 director and the address of his or her 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 and directors of the corporation; (d) the mailing address for the corporation; (e) the identity of all persons or entities having an interest, direct or indirect, any trust arrangement, or any financial or contractual or understood arrangement, with respect to the ownership or operation of the premises or the body-rub parlour or the control or management of same, and the terms upon which such interest or right is conferred; (f) the identity of every person having a beneficial interest, directly or indirectly in the premises or in the business to be carried on to which this Chapter relates and every person having a right to receive income, revenue or benefit of any kind arising out of the operation of such premises or business, or any person who in fact receives such income, revenue or benefit, and the terms upon which such interest or right is conferred; and (g) that the officer has the right to bind the corporation. 834.9.12 Licensing Officer - duties (1) The Licensing Officer shall, subject to Section 834.9.13: (a) receive and process all applications for licences and renewal of licences to be issued under this Chapter; (b) coordinate the administration and enforcement of this Chapter; (c) perform all the administrative functions conferred upon him or her by this Chapter; (d) make or cause to be made a circulation respecting each application, which shall include circulation of the licence application to the Medical Officer of Health and municipal and provincial Police Departments for comment; (e) make such inquires and inspections and obtain and review such information and documents relevant to the application, as the Licensing Officer considers necessary for the proper processing of the application and to determine whether an applicant meets the requirements of this Chapter and all applicable laws; (f) issue licences to persons who, in the opinion of the Licensing Officer comply in full, and will comply in full, with the requirements of this Chapter, and may suspend licences pursuant to the requirements of this Chapter; and (g) where a licence has been issued pursuant to this Chapter and otherwise remains in full force and effect, renew the licences of persons who meet the requirements of this Chapter. (2) By the making of an application for a licence pursuant to this Chapter, every applicant shall agree that a Licensing Officer may make such inquires and seek and obtain such information or records as the Licensing Officer should see fit as relevant to the processing of the application and whether or not such licence should be granted or issued, including requiring the applicant or a representative of the applicant designated by the Licensing Officer, to be interviewed by such Licensing Officer. (3) A Licensing Officer may at any time, seek directions from the Council with respect to administrative matters affecting the processing of any licence application or imposing requirements of providing additional information in connection with such application. 834.9.12.1 (1) The Council may, upon receiving information, indicating that any of the grounds referred to in Section 834.9.13 may exist with respect to any application or any licence granted or to be granted pursuant to this Chapter, or the conduct of any person with respect thereto, hold a hearing to determine whether or not the licence should be granted or continued or should be suspended, revoked or have conditions imposed upon it, in accordance with applicable law. (2) The Council shall hold a hearing such as that referred to in subsection 1, at the request of any applicant in respect of whose application a License Officer has sought Council's direction under Section 834.9.13. 834.9.13 Application - review - report to Council - consideration Despite Section 834.9.12, upon review of a licence application, including an application for renewal, the Licensing Officer shall prepare a report and seek Council's direction with respect to the issuance or renewal of a licence, after holding a hearing for that purpose, where, in the opinion of the Licensing Officer, grounds exist upon which the Council could conclude that: (a) the past or current conduct of the applicant or licence holder affords reasonable grounds for belief that the or she is not carrying or will not carry on the trade, calling, business or occupation in respect of the body-rub parlour in accordance with law and with integrity and honesty; or (b) there are reasonable grounds for belief that the carrying on of the trade, calling, business or occupation in respect of the body-rub parlour by the applicant or licence holder has resulted or will result in a breach of this Chapter or any other applicable law; or (c) the applicant or licence holder is a corporation or a partnership and its conduct or the conduct of any of its officers, directors, employees, agents or partners affords reasonable grounds for belief that the body-rub parlour business, or any other trade, calling, business or occupation in respect of the body-rub parlour has not been carried on or will not be carried on, in accordance with the law and with integrity and honesty; or (d) there are reasonable grounds for belief that the premises, accommodations, equipment or facilities in respect of which the licence is required do not comply with the provisions of this Chapter or any other applicable law; or (e) the conduct of the applicant or licence holder or other related circumstances afford reasonable grounds for the belief that the carrying on of the trade, calling, business or occupation in respect of the premises for which the licence is sought by the applicant or any other person would infringe the rights, or endanger the health or safety of other members of the public. 834.9.14 Council - discretion to licence - impose - condition Where after a hearing, the Council concludes that any of the grounds set out under Section 834.9.13 exist, the Council may, refuse an application, revoke or suspend a licence, grant a licence or allow a licence to continue upon such conditions as Council may see fit to impose, for the purpose of ensuring the proper and lawful carrying on of the business, or such other conditions, as are authorized by law. 834.9.15 Licence - issue - conditions When an application for a licence is made in accordance with the provisions of this Chapter and the applicant meets all the requirements of this Chapter or where the Licensing Officer has been so authorized by Council in response to a report in this regard, the Licensing Officer shall issue a licence which shall set out the expiry date of the licence in accordance with this Chapter and the applicant shall thereby be licensed. 834.9.16 Revocation - suspension - hearing requested Subject to Section 834.9.17, no licence shall be revoked or suspended under this Chapter, except after a hearing by the Council or duly authorized committee thereof, or after the licensee has been given the opportunity for such a hearing, in accordance with the law. 834.9.17 Suspension - Licensing Officer authority - conditions The Licensing Officer may suspend a licence where there are reasonable grounds to believe that such is required to prevent a breach of the Chapter. 834.9.18 Suspension - effective - upon service of written notice A suspension under Section 834.9.17 shall take effect upon service of written notice thereof to the licensee, or upon the delivery of written notice to the business premises of the licensee at the address shown on the Town's records. 834.9.19 Suspension - in effect fifteen days A suspension under Section 834.9.17 shall remain in effect for no more than fifteen days from the date of service of the notice under Section 834.9.18. 834.9.20 Suspension - report to Council - recommendation Following suspension of a licence under Section 834.9.17, the Licensing Officer shall prepare a written report to the Council, advising of the suspension and: (a) recommending that the Council hold a hearing to determine whether the suspension should continue, or be terminated, and whether the Council should give consideration to whether or not the licence should be revoked or otherwise dealt with pursuant to this Chapter; or (b) recommending reinstatement of the licence on the basis that the conditions leading to the suspension have been remedied; or (c) recommending that no action be taken upon the termination of the suspension. 834.9.21 Expiry - licence Any licence that has not been renewed as at December 31 in the year of its issuance or renewal shall expire on that day. Article 10 CHANGE OF STATUS 834.10.1 Report to Licensing Officer - within five days Where there is any change in any of the particulars in respect of any information or documentation relating to a person licensed under this Chapter, which are required to be provided to the Town under this Chapter or are so provided, such person shall report the change to the Licensing Officer within five days of the change. 834.10.2 Partnership - change in controlling interest - approval Where there is to be a change in the composition or the controlling interest of a partnership licensed under this Chapter, the persons licensed hereunder in partnership shall obtain the prior approval of the Licensing Officer to such change. 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 any one or more such transactions. 834.10.3 Corporation - change in controlling interest - approval Where there is to be a change in the composition or the controlling interest of the shareholders of a corporation licensed under this Chapter, the corporation shall obtain the prior approval of the Licensing Officer to such change. 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 any one or more such transactions. Article 11 OFFENCE - PENALTY - ENFORCEMENT 834.11.1 Fine - for contravention Any person who contravenes any provision of this Chapter, 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 by the corporation is guilty of an offence and, upon conviction pursuant to the provisions of the Provincial Offences Act, as amended, 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 exceeding one year, or to both; and (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, in accordance with the provisions of Section 330 of the Municipal Act; and (d) an order pursuant to the provisions of Section 327 of the Municipal Act; prohibiting the continuation or repetition of the offence. 834.11.2 False information - statements - deemed violation 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 Chapter is prohibited, and shall be deemed to be a violation of the provisions of this Chapter. 834.11.3 Compliance - all persons - licenced or not Every person shall comply with the provisions of this Chapter, which are applicable to him or her, whether or not he or she is licensed under this Chapter. 834.11.4 Documentation - inspection - during operation Every owner, operator and attendant shall, during the operating hours of the body-rub parlour and at all times when services 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 by-law Enforcement Officer the original of any document or record referred to in this Chapter. 834.11.5 Entry - inspection - permitted - during operation Every owner and every operator of a body-rub parlour shall, at all times, whether or not during the hours of operation of the body-rub parlour or 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 by-law Enforcement Officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. 834.11.6 Obstruction - hindrance - entry - inspection - prohibited No person may obstruct or hinder the entry or the inspection of a body-rub parlour or any part thereof by a By-law Enforcement Officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peach Officer. 834.11.7 Application of enforcement to complementary health care provider Despite Section 834.3.25 and Schedule 'A' hereto, Section 834.11.3 to 834.11.6 apply to any premises in which health care services are provided by a complementary health care service provider. Article 12 ENACTMENT 834.12.1 Effective date This Chapter shall come into force and effect upon third reading thereof. Article 13 REPEAL 834.13.1 By-laws - previous The By-laws Nos. 192-98, 201-98, and 145-99 are hereby repealed. ********************************************************************************* Schedule 'A' - Regulation 1. In this Schedule 'A': (a) "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, provided or received with the purpose or effect of sexual arousal or stimulation; and any service directly or indirectly advertised or described as involving any of such kinds of services; (b) "complementary health care organization" means an association, organization or institution demonstrated to be established for the purpose and with the continuing intent, of ensuring the safe and proper provision of one or more kinds of alternative health care services, through: (i) the admission to membership of persons qualified to provide such service or services; (ii) the promulgation and enforcement of a code of ethics respecting the provision of such service or services; (iii) maintaining, providing and recognizing measurable standards for practices and procedures in the provision of such service or services; (iv) the communication of information relating to such service or services; and (v) involvement in ongoing research, development and education relating to the safe and proper provision of such service or services. (c) "complementary health care service provider" means an individual providing health care service who: (i) has demonstrated qualifications to provide the particular kind of health care service through successful completion of one or more formal courses of education and training in the provision of such service offered by an organization or institution which has demonstrated qualifications to provide such courses, in accordance with this Schedule; (ii) has demonstrated himself or herself to be a member in good standing of a complementary health care organization; and (iii) has demonstrated acceptance and practice of the procedures, practices and ethics of the complementary health care organization of which the individual is a member. (d) "formal course of education and training" means any such course involving teaching, demonstration or supervised practice, offered or recognize by a complementary health care organization as qualifying the individual, in accordance with the procedures, practices and ethics of such organization, to provide safe and proper health care service of the kind which is the subject matter of the area of interest and jurisdiction of the organization and of the course. 2. Any exemption provided by Section 834.3.25(b) applies only in respect of services which: (a) do not involve adult entertainment service, and are not offered in conjunction with/or from the same premises where a non-exempt body-rub service is provided; (b) are health care services provided pursuant to the qualifications referred to in this Schedule and in accordance with the procedures, practices and ethics of the complementary health care organization of which the individual is a member; and (c) are made the subject of a permanent record describing the service provided to the recipient by name and accessible by him or her at any time. 3. For the purposes of this Schedule: (a) demonstration of the academic qualifications of a complementary health care service provider shall be made by filing with the Licensing Officer a certified true copy of the diploma, certificate or other proof of successful completion of the course in question; (b) demonstration of the qualifications of an organization or institution to provide a course leading to qualification in the provision of a kind of health care service, shall be made by filing with the Licensing Officer particulars, in writing, disclosing: (i) documentation of instruments creating the organization; (ii) the names of its principals and officers, members and employees; (iii) every kind of health care service which is the subject matter or interest of the organization, and a full description of the nature of the service; (iv) a short history summarizing the organization's activities and achievements to date; (v) the qualifications of the organization to provide the course; and (vi) a description of every course offered, of any degree, diploma, certificate or other status or qualification awarded for successful completion, and the kind of service or services which such status or qualification qualifies one to provide; (c) demonstration of the nature of a complementary health care organization shall be made by filing with the Licensing Officer particulars in writing providing disclosure of: (i) documentation of instruments creating the organization; (ii) the names of its principals and officers, members and employees; (iii) every kind of health care service which is the subject matter or interest of the organization, and a full description of the nature of the service; (iv) a short history summarizing the organization's activities and achievements to date; (v) an outline of the procedures and practices pursued by the organization and its members; (vi) a copy of the organization's code of ethics; (vii) the nature of the health care service or services provided by the organization and its members, and of the qualifications required to provide every such service; (viii) a list of criteria for membership in the organization, and a list of its members; (ix) a list of courses and qualifications recognized or provided by the organization; and (x) information demonstrating the factors listed in paragraph 1(b); (d) demonstration of membership in an organization shall be made by filing a copy of a valid membership card or other valid proof of membership held by the complementary health care provider for the current year. 4. The filing of any record or document with the Licensing Officer referred to in this Schedule may be made by the complementary health care service provider or by the complementary health care organization in respect of its members. 5. Acceptance of filing of any document or record does not constitute approval or acceptance by or on behalf of the town or its Licensing Officer of the truth or accuracy of any information contained therein. 6. It shall be the joint responsibility of every complementary health care service provider and the complementary health care organization of which he or she is a member, to file with the Licensing Officer up-to-date information relating to the circumstances affecting any exemption in respect of which the record or information is relevant, any changes in such circumstances as they occur, and an undertaking upon each such filing that the information or record filed is accurate and that this Schedule will be strictly adhered to. 7. Any document or record filed as demonstration of the information contained therein may be made by either a complementary health care service provider or a complementary health care organization, in which latter case, no member in respect of whom the information is relevant shall be required to make any such further filing, provided that at all times the organization maintains the information accurate and current. 8. In the case of doubt as to whether or not any exemption provided in Section 834.3.25(b) applies, where the Licensing Officer is not able to resolve such doubt through communication with affected parties, the Licensing Officer may refer the matter to Council, which shall provide any party affected the opportunity to attend at a meeting with the Council to provide information in support of a claim to an exemption. 9. (1) A Licensing Officer shall provide to every complementary health care provider who has filed with the Licensing Officer documents pursuant to this Schedule in support of a claim for exemption pursuant to Section 834.3.25(b), a notice acknowledging that such documentation has been filed, the dates or dates of such filing, and a summary of the information contained in the documentation so filed. (2) Every complementary health care provider who has been issued a notice pursuant to subsection (1) of this Section, shall maintain such notice in a location near the entrance to the premises, and shall produce it to any By-law Enforcement Officer, Provincial Offences Officer, Licensing Officer, Medical Officer of Health, health inspector or any police officer or other peace officer who request production of such notice at any time. (2a) No person other than a licensed attendant providing services in a licensed body- rub parlour shall provide a body-rub, or health care services as described in this Chapter, unless such person has obtained and has in his or her possession, or maintains in a location near the entrance to any premises in which such person provides such services, a current, accurate notice provided for in subsection 9(1) of this Schedule. (3) Every complementary health care provider who has filed documentation referred to in subsection (1) of this Section, shall provide forthwith to a Licensing Office, notice of any change in respect of any of the information contained in any such documentation, including particularly: (1) any change in the services or the nature of any service provided by the complementary health care provider, and of any new service or servies provided by him or her; (2) the provision of any adult entertainment or any other service which could result in the loss of such persons exemption under Section 834.3.25 of this Chapter; (3) any change with respect to any of the requirements for exemption as set out in Section 834.3.25 of this Chapter and this Schedule. (4) Every owner, operator and manager of any premises in which health care services are provided by a complementary health care service provider, shall comply with the requirements of subsection 3 of this Section and ensure compliance by every such complementary health care provider with the requirements of this Section. (5) Every complementary health care provider who provides documentation to a Licensing Office as required by this Chapter, including this Schedule 'A', shall file with the Licensing officer, on or before the anniversary date of the first filing of such documentation in every year, a notice confirming all of the information in documentation filed to that date, still to be true, or providing an update setting out the current state of affairs with respect to all such information, demonstrating a basis upon which the Licensing Officer can decide whether or not an exemption pursuant to Chapter 834.3.25 of this Chapter should apply or continue to apply. 10. Should a Licensing Officer receive information that provides reasonable grounds to believe that adult entertainment service, as defined in this Schedule is being offered or provided at any premises or by any person in respect of which documentation in support of an exemption under Section 834.3.25 of this Chapter has been sought or claimed or in respect of any person, premises or services in respect of whom or which no licence has been issued under this Chapter, such Licensing Officer shall provide a report thereon to the Council and seek direction with respect thereto, or take such other action as the Licensing Officer should see fit to take. 11(1) No owner, operator or manager referred to in subsection 9(4) shall permit any person to provide any body-rub, or health care services as described in this Chapter, unless such person has a valid current notice issued pursuant to subsection 9(1) of this Schedule. 11(2) Every owner, operator and manager referred to in subsection 9(4) shall require every person referred to in subsection 9(1) to maintain the notice referred to in such subsection, at a location near the entrance to the premises in which such person provides such services, at all times at which such person is on the premises. ********************************************************************************* Schedule 'B' - Annual fees Annual fee for body-rub parlour owner's licence - Licence: $3,500.00 Annual fee for body-rub parlour operator's licence - Licence: $250.00 Annual fee for body-rub parlour attendant's licence - Licence: $250.00 1