Adult Entertainment Industry By-law (By-law 2005-276)
Barrie, Ontario
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By-law 2005-276 - As amended
A By-law of The Corporation of the City of Barrie to
license and regulate various businesses particularly
related to the adult entertainment industry and to repeal
By-law 2002-289.
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Official versions of all By-laws can be obtained from the City Clerk's Office
by calling (705) 739-4204.
This By-law printed under and by
the authority of the Council of the
City of Barrie
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
2
Bill No. 279
BY-LAW NUMBER 2005-276
A By-law of The Corporation of the City of Barrie to license
and regulate various businesses particularly related to the
adult entertainment industry and to repeal By-law 2002-289.
AND WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25 ("the Municipal
Act, 2001"), provides that a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under the Act;
AND WHEREAS Section 9 of the Municipal Act, 2001, provides that Sections 8 and 11
shall be interpreted broadly so as to confer broad authority on municipalities to (a) enable
municipalities to govern their affairs as they consider appropriate and, (b) enhance their ability to
respond to municipal issues;
AND WHEREAS Section 11 of the Municipal Act, S.O. 2001, c. 25 provides that a single-
tier municipality may pass by-laws respecting matters within the spheres of jurisdiction set out
therein;
AND WHEREAS Section 150 of the Municipal Act, S.O. 2001, c. 25 provides that a local
municipality may license, regulate and govern any business wholly or partly carried on within the
municipality even if the business is being carried on from a location outside the municipality;
AND WHEREAS Section 150 of the Municipal Act, S.O. 2001, c. 25 provides that a
municipality may exercise its licensing powers under this section including imposing conditions for
the purpose(s) of health and safety, nuisance control and/or consumer protection.
AND WHEREAS Section 151(1) of the Municipal Act, S.O. 2001, c. 25 provides that a
municipality may:
a)
define the area of the municipality in which adult entertainment establishments
may or may not operate and limit the number of licences granted in any defined
area in which they are permitted,
b)
regulate and prohibit the placement, construction, size, nature and characteristics
of signs, advertising and advertising devices including any printed matter, oral or
other
communication
or
thing
used
to
promote
adult
entertainment
establishments; and
c)
prohibit any person carrying on or engaged in an adult entertainment
establishment business for which a licence is required from permitting any
person under the age of 18 years to enter or remain in the adult entertainment
establishment or any part of it.
AND WHEREAS pursuant to motion 05-G-583 as amended by resolution 05-A-505 the
Council of The Corporation of the City of Barrie has deemed it expedient to license, regulate and
govern various businesses particularly related to the adult entertainment industry;
NOW THEREFORE, the Council of The Corporation of the City of Barrie enacts as
follows:
1.0.0.0.0
PURPOSE:
1.1.0.0.0
The Council of The Corporation of the City of Barrie has deemed it expedient to
pass a by-law to license, regulate and govern adult entertainment establishments
and related business activities within the City of Barrie to:
1.1.1.0.0
ensure that the health and safety of its residents, visitors and the
employees of such premises are protected through regular or required
inspections and compliance with applicable legislation;
1.1.2.0.0
ensure that the health and safety of employees engaged in certain activities
relating to the operation of the business premises are protected by limiting
the minimum age of such individual;
1.1.3.0.0
ensure that the health and safety of individuals is protected by prohibiting
certain activities which may otherwise lead to the spread of communicable
disease through sexual contact;
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
3
1.1.4.0.0
ensure that consumers are protected by requiring the business owner to
secure and hold valid liability insurance for the general protection of the
consumer as a condition of operating a business and further by ensuring
that sufficient information is provided and maintained by the Issuer of
Licences to assist in enforcement of the by-law.
2.0.0.0.0
DEFINITIONS
2.1.0.0.0
For the purpose of this by-law:
2.1.1.0.0
ADULT ENTERTAINMENT ESTABLISHMENT - CLASS A - means any premises
or part thereof in which goods which are designed to arouse or result in an erotic or
sexual response or sensation from any person reading, viewing, buying, renting, or
otherwise acquiring or being subjected or exposed to the goods, are sold, rented,
displayed, or offered for sale, or rent, or otherwise made available, or visible to the
public. Shall not include a premises which does not hold itself out as an Adult
Entertainment Establishment - Class A although it does provide such goods which
are only incidental to the carrying on of the principal business. Does not include
goods approved under the Theatres Act. Shall include but is not limited to adult
novelty shops, adult video shops.
2.1.2.0.0
ADULT ENTERTAINMENT ESTABLISHMENT - CLASS B - means any premises
or part thereof in which entertainment is offered which is designed to arouse or
result in an erotic or sexual response or sensation from any person viewing,
observing, or otherwise being subjected or exposed to the entertainment. Shall
include but is not limited to adult entertainment parlours.
2.1.3.0.0
ADULT ENTERTAINMENT ATTENDANT - means any person who, within or in
respect of any Adult Entertainment Establishment, regardless of whether the Adult
Entertainment Establishment is an Adult Entertainment Establishment - Class A or
Adult Entertainment Establishment - Class B as defined within this by-law, provides
entertainment or service.
2.1.4.0.0
APPLICANT - means a person who is required to be licensed pursuant to this by-
law or who has made application for a licence to the Issuer of Licences and shall
include a Licensee.
2.1.5.0.0
APPROPRIATE AUTHORITY HAVING JURISDICTION - means:
2.1.5.1.0
with regard to Health matters, the Medical Officer of Health, for the
Simcoe Muskoka District Health Unit, or his designate(s);
2.1.5.2.0
with regard to building matters, the Chief Building Official for the City, or
his designate(s);
2.1.5.3.0
with regard to Fire safety matters, the Chief Fire Official for the City, or
his designate(s).
2.1.6.0.0
BUSINESS - means a profession, calling, trade or undertaking of any kind
whatsoever whether or not carried on for the purpose of profit, gain or otherwise, but
shall not include:
2.1.6.1.0
a manufacturing activity or an industry, except to the extent that it sells its
products or raw materials by retail;
2.1.6.2.0
the selling of goods by wholesale; or
2.1.6.3.0
the generation, exploitation, extraction, harvesting, processing, renewal or
transportation of natural resources.
2.1.7.0.0
BY-LAW - means any by-law passed by Council.
2.1.8.0.0
CHIEF BUILDING OFFICIAL - means the person who may, from time to time, be
appointed by Council to the position of Chief Building Official in conformity with the
provisions of the Building Code Act, R.S.O. 1990, c. B13, and amendments thereto,
or his designate.
2.1.9.0.0
CHIEF FIRE OFFICIAL - means the person who may, from time to time, be
appointed by Council to the position of Chief of the Barrie Fire and Emergency
Service of the City or his designate.
2.1.10.0.0
CHIEF OF POLICE - means the person who may from time to time, be appointed
by the Barrie Police Services Board to the position of Chief of Police of the Barrie
Police Service.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
4
2.1.11.0.0
CITY - means The Corporation of the City of Barrie.
2.1.12.0.0
CITY EMPLOYEE - means an officer, servant or other employee of the City but
does not include:
2.1.12.1.0
a member of council;
2.1.12.2.0
a council appointee to a local board and whose remuneration from the City
results from his/her membership on such local board or other body;
2.1.12.3.0
an employee of a local board or other body; or
2.1.12.4.0
a municipal auditor.
2.1.13.0.0
CITY SOLICITOR - means the Solicitor for the City.
2.1.14.0.0
COUNCIL - means the Council of The Corporation of the City of Barrie.
2.1.15.0.0
DESIGNATE - means the person in charge of and responsible for the business
operation in the absence of the owner.
2.1.16.0.0
ENTERTAINMENT - for the purpose of an Adult Entertainment Establishment -
Class A or Adult Entertainment Establishment - Class B, means and shall include
but is not limited to performances, the performing of an artistic work, dramatic work,
musical work, dance, or similar activity, display by a person, or encounter actually
carried on by a person.
2.1.17.0.0
ESCORT SERVICE - means an operation, or premises, or any part of a premises,
which provides, or in which is provided, the services of one or more persons to
accompany another person(s) to an event, function or social activity, whether or not
such event, function or social activity is private or designed for public attendance.
2.1.18.0.0
ESCORT ATTENDANT - means a person who accompanies another person to an
event, function or social activity, whether or not such event is private or designed for
public attendance.
2.1.19.0.0
ESCORT DRIVER - means a person who provides transportation to an escort
attendant or individual engaging the services of an escort attendant.
2.1.20.0.0
GOODS - shall mean, but is not limited to, any instrument, paraphernalia, item,
book, magazine, picture, slide, film, phonographic record, pre-recorded magnetic
tape, electronic transmission or delivery, or any other reading, viewing, or listening
matter.
2.1.21.0.0
FIRE PREVENTION OFFICER - means the person who is appointed Fire
Prevention Officer under the provisions of the City by-law which governs and
regulates the Barrie Fire and Emergency Service of the City.
2.1.22.0.0
ISSUER OF LICENCES - means the Manager, Municipal Law and Court Services
for the City, the Municipal Law Enforcement Supervisor for the City, or any other
person so designated by the City Clerk.
2.1.23.0.0
LICENCE - means a City of Barrie Business Licence issued pursuant to this by-law.
2.1.24.0.0
LICENSEE - means a person who has been issued a licence pursuant to this by-
law either in the current calendar year or in a previous calendar year and shall
include an Applicant.
2.1.25.0.0
MAIN STAGE - means the principal setting, scene or area on any floor in the
premises upon which entertainment, services, an event, or series of events are
presented, exclusive of patron seating areas.
2.1.26.0.0
MONTH - means calendar month.
2.1.27.0.0
MUNICIPAL LAW ENFORCEMENT OFFICER - means a person appointed under
the authority of the Police Services Act for the purpose of enforcing City by-laws.
2.1.28.0.0
MUNICIPAL LAW ENFORCEMENT SUPERVISOR - means a person who, from
time to time, may be appointed to the position of Municipal Law Enforcement
Supervisor.
2.1.29.0.0
OFFICER - means a Municipal Law Enforcement Officer, Peace Officer, Police
Officer, Provincial Offences Officer, or other duly appointed law enforcement officer.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
5
2.1.30.0.0
OWNER - means a person who alone, or with others owns, operates or has the
right to possess, or occupy a business, or actually does possess or occupy a
business, and includes a lessee of a business or premises in which the business is
located.
2.1.31.0.0
PERSON - includes any individual, corporation, partnership, company, association,
party, or agent and the heirs, executors, administrators, or other legal representative
of such person, to whom the context can apply according to law; shall include any
group of persons comprising a society or other organization and shall include the
plural wherein the context requires. Wherever the word "he" or "him" is used, it shall
mean and include the feminine or neuter gender wherever the context so requires.
2.1.32.0.0
PREMISES - means any land, including any and all buildings or other structures
thereon and includes any vehicle or conveyance used or intended to be used in the
operation of the business.
2.1.33.0.0
RENT - means the exchange of a sum of money or other financial consideration for
the temporary use of goods.
2.1.34.0.0
SALES - means the exchange of a sum of money or other financial consideration
for goods.
2.1.35.0.0
SERVICES - means, but is not limited to the demonstrating, exhibiting or, modelling
of any good.
2.1.36.0.0
SEXUAL CONTACT - means, but is not limited to, kissing, licking, fondling, sucking
of breasts or genitals, digital penetration, fellatio, cunnilingus, masturbation,
ejaculation, or intercourse.
2.1.37.0.0
SHALL - is mandatory and not directory; words in the singular include the plural;
words in the plural include the singular; words in the present tense include future or
past tense.
2.1.38.0.0
TO PROVIDE - when used in relation to entertainment or services includes
furnishing, performing, soliciting, or giving such services or entertainment, and
"providing" and "provision" shall have corresponding meanings.
2.1.39.0.0
TOUCH - means any physical contact designed to arouse or result in an erotic or
sexual response or sensation from any person, but dos not include sexual contact.
2.1.40.0.0
UNRELATED - means not related by blood or marriage.
2.1.41.0.0
ZONING ADMINISTRATOR - means a person who may be appointed from time to
time by Council to the position of Zoning Administrator.
3.0.0.0.0
GENERAL PROVISIONS - BUSINESS LICENSING
3.1.0.0.0
Every person carrying on, conducting, operating, maintaining, keeping or engaging
in any business identified within this by-law shall be required to obtain a City of
Barrie Business Licence to do so from the Issuer of Licences.
APPLICATION FOR NEW LICENCE
3.2.0.0.0
Any person required to obtain a licence pursuant to this by-law shall apply in writing
on the appropriate application form as provided by the Issuer of Licences and shall
deposit, at the time of application, with the Issuer of Licenses, all required Business
Licence Fees as set out in the City of Barrie Fee's By-law for each business
category as well as any required approvals, inspections or documentation required
by the provisions of this by-law as set out in Table 1 to this by-law or as deemed
necessary by the Issuer of Licenses.
3.3.0.0.0
The Issuer of Licences shall not issue a licence until:
3.3.1.0.0
all required approvals and inspections have been obtained by the applicant;
3.3.2.0.0
required documentation has been provided;
3.3.3.0.0
business licence fees have been paid in full; and
3.3.4.0.0
all taxes are paid up to the City of Barrie when required as a condition of
licensing.
3.4.0.0.0
There shall be a separate application for each premises to be used, or person to be
licensed.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
6
3.5.0.0.0
There shall be a separate application for each classification, or category of business
operated, and licence issued.
3.6.0.0.0
The applicant shall comply with any and all requirements as set out in this by-law as
well as any other provisions which may govern the business, place or premises
used in the carrying on of the business and/or the persons carrying on the business
or engaged in it and to which the application pertains.
3.7.0.0.0
The Issuer of Licences, upon receipt of the application for a licence may make,
cause to be made, or request, any additional documents, investigations or
inspections to be made in respect of such application for a licence as the Issuer of
Licences deems appropriate or in the interest of the general public, and any costs
incurred for such inspection or documents shall be at the applicant's expense.
3.8.0.0.0
The applicant shall be responsible for obtaining all necessary inspections,
documents and approvals as set out in Table 1 to this By-law, as set out on the
application form and as deemed necessary by the Issuer of Licences.
3.9.0.0.0
No person shall be licensed under this By-law unless the individual is eighteen (18)
years of age or older.
3.10.0.0.0
Upon receipt of a completed application for a licence and the appropriate fees for a
licence have been paid, the Issuer of Licences may prior to the issuance of any
such licence:
3.10.1.0.0
make any inquiries to any municipal official or employee who has carried
out inspections relative to the business under application;
3.10.2.0.0
receive reports from such municipal officials and employees as may be
deemed necessary;
3.10.3.0.0
inquire into all relevant matters in order to ascertain if the applicant is
entitled to a licence under the provisions of this by-law;
3.10.4.0.0
upon being satisfied that the applicant is entitled to obtain a licence under
the provisions of this by-law, the Issuer Licences shall prepare and issue a
licence to the said applicant.
3.11.0.0.0
Except as may otherwise be specified within this by-law or specified as a Special
Condition as authorized by this by-law, every licence shall expire one year from the
date from the day it was issued.
APPLICATION FOR RENEWAL LICENCE
3.12.0.0.0
Any person required to renew a licence previously granted under this By-law, shall
submit to the Issuer of Licences, an application form for renewal of the licence as
provided by the Issuer of Licences. Every applicant shall obtain any and all
inspections, approvals and documentation as required by this by-law or as deemed
necessary by the Issuer of Licences.
3.13.0.0.0
The Issuer of Licences shall not issue a licence until all required approvals and
inspections have been obtained by the applicant, required documentation has been
provided, business licence fees have been paid in full, and all taxes are paid up to
the City of Barrie.
3.14.0.0.0
Where the Issuer of Licences receives an application for renewal of a licence
previously granted under this by-law and the appropriate fees have been paid, he
shall, prior to the issuance of any such licence:
3.14.1.0.0
ensure that all inspections, approvals and documents as may be required
have been obtained;
3.14.2.0.0
make inquiries into all relevant matters in order to ascertain if the applicant
is entitled to obtain a renewed licence under the provisions of this by-law;
3.14.3.0.0
inquire into any and all relevant changes in circumstances since the
previous licence was issued to the applicant;
3.14.4.0.0
make any inquiries to any municipal official or employee who has carried
out inspections or investigations relative to the business under application;
3.14.5.0.0
receive reports from such municipal officials and employees as may be
deemed necessary;
3.14.6.0.0
all taxes are paid up to the City of Barrie when required as a condition of
licensing.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
7
3.15.0.0.0
There shall be a separate application for each premises to be used, or person to be
licensed.
3.16.0.0.0
There shall be a separate application for each classification or category of business
to be operated.
3.17.0.0.0
Where the Issuer of Licenses is satisfied that the applicant is entitled to obtain a
licence under the provisions of this By-law, the Issuer of Licences shall prepare and
issue a licence to the said applicant.
FORM OF LICENCE
3.18.0.0.0
Every licence shall show therein:
3.18.1.0.0
the operating name of the business or person to whom the licence is
issued;
3.18.2.0.0
the operating address of the premises or location for which the licence is
issued;
3.18.3.0.0
the category or type of licence granted;
3.18.4.0.0
the date of issue;
3.18.5.0.0
the date of expiration, and
3.18.6.0.0
shall be signed by the Issuer of Licences or his designate.
DUPLICATE LICENCES
3.19.0.0.0
In the event that a licence issued under this by-law is lost or destroyed, the Issuer of
Licences upon satisfactory proof of such loss or destruction, and upon payment of a
replacement fee as set out in the City of Barrie Fee's By-law, the issuer of licences
shall issue a duplicate of the original licence, upon which shall be stamped or
marked the word "DUPLICATE"."
CHANGE OF NAME
3.20.0.0.0
Where ownership of a business is not changed or affected but such the operating
name of a business changes, the licensee shall immediately notify the Issuer of
Licences and upon payment of all applicable fees set out in the City of Barrie Fee's
By-law and being satisfied that there have been no other changes in the
circumstances of the licensed business, the Issuer of Licences may issue a
replacement of the original licence. The licensee shall return and surrender his
licence in order to affect such a change."
CHANGE OF OWNERSHIP
3.21.0.0.0
Every licensee shall, upon change of ownership of the licensed business return and
surrender his current licence to the Issuer of Licences. The new owner shall make
application for a new licence as set out in this by-law.
CHANGE OF PREMISES OR LOCATION
3.22.0.0.0
Where a currently licensed business changes location or premises, such new
location or premises shall not be deemed to be licensed. The applicant must
immediately make application for a new licence under the provisions of this by-law
and shall surrender to the Issuer of Licences the licence issued in respect of his
previous location or premises.
LICENCES PERSONAL
3.23.0.0.0
No person shall enjoy a vested or property right in any licence or the continuance of
any licence and such licence and such rights shall remain the property of the City.
3.24.0.0.0
Licenses are not transferable.
NUISANCE ABATEMENT
3.25.0.0.0
Every person required to be licensed under this by-law, in addition to any other
provisions or requirements expressed elsewhere in the by-law, shall:
3.25.1.0.0
at all times maintain and keep safe and clean and in good condition and
repair any object, amusement, vehicle, place, or premises for which the
licence is issued;
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
8
3.25.2.0.0
not breach or violate or cause, suffer, or permit any breach, or violation of
any by-law of the Corporation or of any Local Board, thereof, or of any
statute, Order-in-Council, or Regulation of the Legislature of the Province of
Ontario or the Parliament of Canada, or of any Agency, Board or
Commission thereof, in, upon, or in connection with the business or
premises for, or in relation to which such licence was issued;
3.25.3.0.0
not cause, suffer or commit any nuisance to arise in, on, or in connection
with the object, amusement, vehicle, place or premises for which the
licence was issued;
3.25.4.0.0
not cause, suffer, or permit any shouting, noise, or other disturbance on, in,
or in connection with the object, amusement, vehicle, place, or premises for
which the licence was issued, which is unnecessary, unreasonable, or
contrary to any municipal by-law prohibiting the
same; and if any such
shouting, noise, or other disturbance occurs, the licensee shall immediately
take steps to cause the same to be abated;
3.25.5.0.0
not cause, suffer, or permit any obstruction on any highway, lane, or public
place in front of, or adjoining the place or premises for which the licence
was issued;
3.25.6.0.0
not cause, suffer, or permit any profane, offensive, or abusive language or
disorderly conduct in, on, or in connection with any vehicle, place or
premises for which the licence was issued.
3.26.0.0.0
Every person who acquires a licence that is issued under this By-law is responsible
for the due performance and observance of all the provisions of this By-law by
himself, his employees and all other persons in, or upon the premises which is
licensed under the provisions of this By-law.
INSPECTION
3.27.0.0.0
The Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer
or other duly appointed individual may at any time of the day or night, enter any
adult entertainment establishment licensed, regulated or governed under the
provisions of this By-law to determine whether the by-law is being complied with,
and for this purpose, make any such examinations, investigations and inquiries as
are deemed necessary. [Municipal Act, S.O. 2001, c. M45, s. 151(3)].
3.28.0.0.0
The Issuer of Licenses may waive the requirement for any inspection, approval or
documentation as may be required pursuant to this by-law where such inspection,
approval or documentation is deemed not applicable to the carrying on of the
business which is licensed or required to be licensed under this by-law.
POSTING OF LICENCE
3.29.0.0.
The person to whom a licence is issued shall post the current licence on the
premises or that part thereof to which the licence pertains in such a position that
may be readily seen and read by persons entering the premises. All licences issued
under this by-law shall be prominently and conspicuously posted on the licensed
premises at all times.
3.30.0.0.0
Where a photo identification card is issued to a person licensed under the
provisions of this by-law, the licensee shall keep the photo identification card with
him at all times while carrying on his business and shall exhibit it to any Municipal
Law Enforcement Officer, Peace Officer, Provincial Offences Officer, Police Officer,
or other duly appointed individual who so requests.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
9
REFUSAL TO GRANT A LICENCE
3.31.0.0.0
The Issuer of Licences may refuse to grant or issue a licence to any applicant who:
3.31.1.0.0
has past breaches of this by-law, and the Issuer of Licences determines
that it is not in the public's interest to grant such a licence to the applicant;
3.31.2.0.0
possesses a criminal record, and the Issuer of Licences determines that it
is not in the public's interest to grant such a licence to the applicant;
3.31.3.0.0
has failed to comply with the requirements of this by-law or other applicable
by-laws of the City or of any Local Board thereof, or of any Statue, Order-in-
Council, or Regulation of the Provincial Legislature or the Parliament of
Canada, or of any Agency, Board of Commission thereof, in, upon or in
connection with the applied for licensed activity of the business or
premises, facilities, equipment, vehicles and other property used or kept for
hire in connection with the licence activity;
3.31.4.0.0
has outstanding taxes owing to the City of Barrie;
3.31.5.0.0
has a tenant with outstanding taxes owing to the City of Barrie;
3.31.6.0.0
has any outstanding fines imposed under the Provincial Offences Act for
the contravention of any provision of this by-law or any other municipal by-
law or Provincial statute where such fine is associated with an offence
arising out of the conduct, operation or activity within or in conjunction with
such business.
3.32.0.0.0
The Issuer of Licences may also refuse to grant or issue a licence to any applicant
where the Issuer of Licences believes it is not in the public interest to do so.
3.32.1.0.0
Where the Issuer of Licenses has denied a business licence to an applicante, the
business licence application fee less an administrative fee of $50.00 shall be
refunded to the applicant.
SUSPENSION/REVOCATION
3.33.0.0.0
The Issuer of Licences may suspend or revoke a licence issued to any licensee
who:
3.33.1.0.0
has past breaches of this by-law, and the Issuer of Licences determines
that it is in the public's interest to suspend or revoke such a licence;
3.33.2.0.0
possesses a criminal record, and the Issuer of Licences determines that it
is in the public's interest to suspend or revoke such a licence;
3.33.3.0.0
has failed to comply with the requirements of this by-law or other applicable
by-laws of the City or of any Local Board thereof, or of any Statue, Order-
in-Council, or Regulation of the Provincial Legislature or the Parliament of
Canada, or of any Agency, Board of Commission thereof, in, upon or in
connection with the applied for licensed activity of the business or
premises, facilities, equipment, vehicles and other property used or kept for
hire in connection with the licence activity;
3.33.4.0.0
has outstanding taxes owing to the City of Barrie;
3.33.5.0.0
has a tenant with outstanding taxes owing to the City of Barrie;
3.33.6.0.0
has any outstanding fines imposed under the Provincial Offences Act for
the contravention of any provision of this by-law or any other municipal by-
law or provincial statute where such fine is associated with an offence
arising out of the conduct, operation or activity within or in conjunction with
such business.
3.34.0.0.0
The Issuer of Licences may also suspend or revoke any licence issued to any
applicant where the Issuer of Licences believes it is in the public interest to do so.
3.35.0.0.
Any suspension of a licence may be subject to such terms and conditions as the
Issuer of Licences may prescribe.
3.36.0.0.0
No person shall operate any business or premises contrary to any licence
suspension or terms and conditions thereto or where such licence has been
revoked.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
10
NOTICE AND APPEAL
3.37.0.0.0
Where the Issuer of Licences refuses to issue, suspends, or revokes a licence the
Issuer of Licences shall notify the applicant or licensee in writing of such decision
and the said notice shall set out the grounds upon which the licence is refused,
suspended or revoked and shall state that the Applicant or Licensee may appeal
such decision by filing an appeal with the Clerk of the municipality in writing within
fifteen (15) days as set out in this by-law.
3.38.0.0.0
Where the Issuer of Licences refuses to issue, suspends or revokes a licence under
this by-law, the Applicant or Licensee may appeal the decision to Business
Licencing Appeal Committee by filing with the Clerk, an appeal in writing of the said
decision within fifteen (15) days of the date of mailing of the decision of the Issuer of
Licences.
3.39.0.0.0
Business Licencing Appeal Committee may, after the appropriate hearing is
conducted, grant a licence, refuse a licence, revoke a licence, or suspend a licence
and such decision may be subject to such terms as Business Licencing Appeal
Committee may impose and the decision of the Business Licencing Appeal
Committee shall be final and binding upon any applicant or licensee.
3.40.0.0.0
Business Licencing Appeal Committee, in considering whether or not to grant a
licence, refuse a licence, revoke a licence, or suspend a licence shall have regard
for the following:
3.40.1.0.0
whether or not the Applicant or Licensee and the premises,
facilities, equipment, vehicles or other personal property used or
kept for hire in connection with the carrying of a business which is
licensed or which is required to be licensed pursuant to this by-law
complies with all requirements of this by-law;
3.40.2.0.0
whether or not the Applicant or Licensee has failed to promptly
remedy any reasonable concern with regard to those matters set
out in this by-law;
3.40.3.0.0
whether or not the Applicant or Licenses has committed past
breaches of this by-law;
3.40.4.0.0
whether or not the Applicant or Licensee has failed to comply with
any requirements of any other applicable by-law of the City or any
Local Board thereof or of any statute, Order-in-Council, or
Regulation of the Provincial Legislature or the Parliament of
Canada, or of any Agency, Board or Commission thereof, in, upon
or in connection with the activity, business or the premise, facilities,
equipment, vehicles and/or other property used or kept for hire in
connection with the licensed activity or activity required to be
licensed;
3.40.5.0.0
whether or not the Applicant or Licensee or his tenant has any
outstanding taxes owing to the City in respect of the business or
premises in question.
3.41.0.0.0
Where an appeal is received, the Clerk shall fix a date and time for such matter to
be considered by Business Licencing Appeal Committee and shall mail a Notice of
Hearing to the Applicant or Licensee (at his last address as shown in the records of
the Issuer of Licences) and to any person who has applied to be heard with regard
to the matter.
3.42.0.0.0
Such Notice of Hearing shall be mailed at least fifteen (15) days prior to the date and
time fixed for such hearing.
3.43.0.0.0
At such hearing Business Licencing Appeal Committee shall receive a report, either
verbally, or in writing, from the Issuer or Licences and from such other officers or
employees of the Corporation who may be involved in the matter being considered
by Business Licencing Appeal Committee.
3.44.0.0.0
At the hearing before Business Licencing Appeal Committee, the Applicant or
Licensee, either personally or through his agent or solicitor shall be afforded the
opportunity to present such material and evidence relevant to the issue before
Council as he may deem appropriate and he may ask questions of any person
presenting evidence or a report to Business Licencing Appeal Committee relevant to
the said issues.
3.45.0.0.0
For the purpose of this By-law, a quorum of Business Licencing Appeal Committee
shall be a majority of the members of the Committee and a decision by the majority
of members present shall be the decision of the Committee.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
11
3.46.0.0.0
Business Licencing Appeal Committee may, after having heard all of the evidence
and submissions made to it by the Applicant or Licensee, and the Issuer of Licences
re-convene In-Camera to debate the matter and to reach its decision.
3.47.0.0.0
The decision made by Business Licencing Appeal Committee to keep a licence,
refuse to issue a licence, revoke a licence or suspend a licence may be subject to
such terms as Business Licencing Appeal Committee shall impose and the decision
of the Business Licencing Appeal Committee shall be final and the decision binding
on the Applicant or Licensee.
3.48.0.0.0
No person shall engage in, or continue to conduct, or permit any person to engage
in or continue to conduct a business for which a licence is required under this by-law
while such licence is suspended or revoked under the provisions of this by-law.
3.49.0.0.0
Every person engaging in the business, for which he is required to be licensed by
the provisions of this by-law shall be responsible to comply with all of the provisions
of this by-law with respect to the business.
3.50.0.0.0
Every person engaging in any business, for which he is required to be licensed by
the provisions of this by-law, shall be responsible that all the provisions of this by-
law with respect to the same are complied with.
ENFORCEMENT
3.51.0.0.0
A Municipal Law Enforcement Officer, Provincial Offences Officer, Peace Officer,
Police Officer, or other duly appointed individual shall enforce the provisions of this
by-law.
3.52.0.0.0
No person shall obstruct, hinder, or interfere with the entry or inspection of any
premises, or person licensed under this by-law or required to be licensed under this
by-law, by any Municipal Law Enforcement Officer, Police Officer or other duly
appointed individual.
REGISTER
3.53.0.0.0
The Issuer of Licences shall keep a licence register in which shall be recorded the
full operating name and address of each licensee, the address of the place or
premises in which the licensee carries on, conducts, operates, maintains, keeps, or
engages in the business, trade, occupation or calling, object or amusement for
which the licence was issued, the number of the licence and any plates issued, the
date of issue, the amount of the licence fee paid, the date of expiry of the licence,
the type of licence issued, and any other particulars or observations pertaining to
the same which are useful or necessary.
INSURANCE
3.54.0.0.0
Any insurance required under the provisions of this by-law shall be provided at the
time of the application, or as otherwise required by the Issuer of Licences in a form
acceptable to the City and in the amount as specified pursuant to the applicable
sections of this by-law or as otherwise may be required.
FEES AND APPROVALS
3.55.0.0.0
Table 1 hereunder sets out the inspections, approvals and documentation required
to accompany any application at the time of application.
3.56.0.0.0
Notwithstanding any licence fee to be paid by any applicant as set in the City of
Barrie Fee's By-law, a LATE APPLICATION FEE as set out in the City of Barrie
Fee's By-law shall apply to any application received by the City after the due date
established for obtaining such licence. Incomplete applications shall be considered
not to have been received and may be returned to the applicant or held pending
further information. In any case where the application remains incomplete after the
date established for obtaining such licence, the LATE APPLICATION FEE shall
apply.
3.57.0.0.0.
Despite the actual date of any application for renewal of licence, the fee for such
renewal shall be as set out the City of Barrie Fee's By-law.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
12
SCOPE AND AUTHORITY
3.58.0.0.0
Where a matter is subject to provincial regulation, any provision of this by-law is
without effect to the extent that it prohibits or regulates the matter in substantially the
same way as or in a more restrictive way than the provincial regulation.
EXPIRY OF LICENCE
3.59.0.0.0
For the purpose of every new business licence issued after December 31, 2005 the
date of expiry shall be one year from the date of issue, unless otherwise specified
on the licence and each renewal of licence shall, thereafter, expire on such date in
each subsequent year.
EXEMPTIONS
3.60.0.0.0
The Clerk of The Corporation of the City of Barrie may grant an exemption to any
person from the provision of this by-law and impose conditions for such exemption
as may be considered reasonable and necessary, provided such exemption does
not interfere with the general integrity of this by-law.
SEVERABILITY
3.61.0.0.0
Should any section of this by-law be declared by a Court of competent jurisdiction to
be ultra vires or illegal for any reason, the remaining parts shall nevertheless remain
valid and binding, and shall be read as if the offending section or part has been
struck out.
PENALTIES
3.62.0.0.0
Every person who contravenes the provisions of any section of this By-law and
every Director or Officer of a Corporation, who concurs in the contravention by the
Corporation, is guilty of an offence and liable upon conviction liable to a fine not
exceeding $25,000 or to imprisonment for a term not exceeding one year, or to
both.
3.63.0.0.0
Where a Corporation is convicted of an offence under the provisions of this By-law,
the maximum penalty that may be imposed on the Corporation is $50,000.00.
[Provincial Offences Act, c. P.33 and Municipal Act, S.O. 2001, c. M45]
FORCE AND EFFECT
3.64.0.0.0
This by-law shall come into force and have full effect on January 1, 2006.
REPEAL
3.65.0.0.0
By-law 2002-289 shall be deemed repealed effective January 1, 2006.
TRANSITION
3.66.0.0.0
For the purpose of every business license issued under the provisions of By-law
2002-289, the date of expiry shall be as specified on the licence and
notwithstanding the provisions of this by-law, the provisions of By-law 2002-289
shall continue to apply until the expiration of the licence issued under By-law 2002-
289.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
13
TABLE 1 - BUSINESS LICENCE INSPECTIONS AND APPROVALS
CATEGORY
INSPECTION/APPROVAL
Adult Entertainment
Establishment - Class A
(eg. Adult Novelty or Adult Video
Shops)
Zoning Health
Finance Fire
Liability Insurance ($1,000,000)
Floor plan all patron areas within the Establishment
For Corporations - copy of incorporating document; list incl.
legal name and current address together with criminal record
check for each director
For partnership - copy of registered declaration of
partnership and copy of business name registration; list incl.
legal name and current address together with criminal record
check for each partner
Adult Entertainment
Establishment - Class B
(eg. Adult Entertainment Parlour)
Zoning Health
Finance Fire
Liability Insurance ($1,000,000)
Floor plan depicting all where the main stage is in relation to
all patron areas in the Establishment
For Corporations - copy of incorporating document; list of
each director incl. legal name and current address
For partnership - copy of registered declaration of
partnership and copy of business name registration; list of
each partner incl. legal name and current address
Adult Entertainment Attendant
(City Issues Photo Id)
Criminal Record Check;
2 pieces of photo identification including date of birth and
legal name, current residential and mailing address;
professional or stage name;
Letter of employment/employment offer from Adult
Entertainment Establishment
Escort Service
Zoning Health
Finance
Liability Insurance ($1,000,000)
For Corporations - copy of incorporating document; list of
each director incl. legal name and current address
For partnership - copy of registered declaration of
partnership and copy of business name registration; list of
each partner incl. legal name and current address
Escort Attendant
(City Issues Photo Id)
Criminal Record Check
2 pieces of photo identification including date of birth
Professional name (if applicable);
Letter of employment/employment offer from Escort Service
Escort Driver (City Issues
Photo Id)
Criminal Record Check
2 pieces of photo identification including date of birth and
legal name, current residential and mailing address
Professional name (if applicable);
Letter of employment/employment offer from Escort Service
Valid Province of Ontario Driver's licence
Province of Ontario Driver's Abstract
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
14
4.0.0.0.0
ADULT ENTERTAINMENT ESTABLISHMENT - CLASS A
Authority: Municipal Act, S.O. 2001, c. M.45
4.1.0.0.0
No person shall operate, maintain, carry on, or permit the operation, maintenance or
carrying on of an Adult Entertainment Establishment - Class A within the City
without first having obtained a licence to do so.
LOCATION OF OPERATION
4.2.0.0.0
No person shall operate, maintain, carry on, or permit the operation, maintenance or
carrying on of an Adult Entertainment Establishment - Class A within 300 meters of
any other Adult Entertainment Establishment - Class A or Adult Entertainment
Establishment - Class B.
4.3.0.0.0
No person shall operate, maintain, carry on, or permit the operating, maintenance or
carrying on of an Adult Entertainment Establishment - Class A within 300 meters of
a residential zone.
4.4.0.0.0
No person shall operate, maintain, carry on, or permit the operating, maintenance or
carrying on of an Adult Entertainment Establishment - Class A within 300 meters of
an institutional zone.
4.5.0.0.0
Grandfathering: Notwithstanding Section 4.2, Section 4.3 and Section 4.4, any
Adult Entertainment Establishment - Class A licensed under the provisions of By-
law 2002-289 as an Adult Entertainment - Novelty Shop or Adult Entertainment -
Video Sales/Rental during the 2005 calendar year, may continue to renew the
licence for the same premises and for the same type of business operation under
the provisions of this by-law, and may further sell the business and the use as an
Adult Entertainment Establishment - Class A provided such use continues with no
period of interruption of the business. Where the business is sold, the new owner
will be required to apply for an Adult Entertainment Establishment - Class A licence,
in accordance with all provisions of this by-law including location of operation.
ADVERTISING
4.6.0.0.0
No person shall advertise an Adult Entertainment Establishment - Class A by way
of a sign unless such sign advertising the Adult Entertainment Establishment -
Class A:
4.6.1.0.0
is only erected on the property where the Adult Entertainment
Establishment - Class A is located; and
4.6.2.0.0
contains only readable text which shall be free from any words or slang
referring to any part of the human body or the word nude, naked, topless,
bottomless, sexy or any other word,
picture,
symbol,
graphic
or
representation having like meaning, implication or perception; and
4.6.3.0.0
is in compliance with all applicable municipal by-laws.
CONDUCT ON PREMISES
4.7.0.0.0
No person shall:
4.7.1.0.0
permit the operation of the Adult Entertainment Establishment - Class A
unless the owner or his designate is present at all times;
4.7.2.0.0
permit any individual under the age of eighteen (18) years of age to be
present in an Adult Entertainment Establishment - Class A;
4.7.3.0.0
permit any individual under the age of eighteen (18) years of age to act as
an Adult Entertainment Attendant within an Adult Entertainment
Establishment - Class A;
4.7.4.0.0
permit any individual eighteen (18) years of age or older to act as an Adult
Entertainment Attendant without ensuring that such person holds a valid
City of Barrie Business Licence as an Adult Entertainment Attendant;
4.7.5.0.0
permit any Adult Entertainment Attendant to touch any other person, or
have any sexual contact with any person;
4.7.6.0.0
permit any employee or patron to touch any Adult Entertainment Attendant,
or have any sexual contact with any Adult Entertainment Attendant;
4.7.7.0.0
represent that the owner is licensed under this by-law if the owner is not;
4.7.8.0.0
permit any person to loiter, create a disturbance or cause undue noise
while on the licensed premises;
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
15
4.7.9.0.0
provide free transportation for his patrons to or from his operation;
4.7.10.0.0
permit any services to be provided in a location which is obstructed by any
person or any thing, including but not limited to walls, curtains, glass,
enclosures, structures, fog, or inadequate lighting;
4.7.11.0.0
provide a private room, or permit the private use of a room for patrons to
view, or sample any good or service; or
4.7.12.0.0
permit any services to be provided outside of the licensed premises;
4.7.13.0.0
sell, offer for sale, rent or offer for rent any good which is prohibited for
distribution or redistribution by any Provincial or Federal Statute.
4.8.0.0.0
The owner shall provide to every Adult Entertainment Attendant confirmation that
such person is currently employed by or under contract with the Adult Entertainment
Establishment, or in the case of new Attendants, that such person has been offered
employment or a contract by the Adult Entertainment Establishment pending
issuance of the City of Barrie Business Licence.
4.9.0.0.0
Where services are provided by Adult Entertainment Attendants, the owner of an
Adult Entertainment Establishment - Class A shall maintain a Register of Adult
Entertainment Attendants into which shall be recorded on a daily basis the legal
name, current address, date of birth, photo of the Adult Entertainment Attendant,
City of Barrie Business Licence number, and professional name for each Adult
Entertainment Attendant providing or carrying out service within the premises.
4.10.0.0.0
Every owner shall ensure that no false information is entered into or contained
within the Register of Adult Entertainment Attendants.
4.11.0.0.0
Where services are provided by Adult Entertainment Attendants within the Adult
Entertainment Establishment - Class A, every operator of the Adult
Entertainment Establishment - Class A shall deliver to the Issuer of Licences on
the first working day of each month, or as otherwise requested by the Issuer of
Licences, a Municipal Law Enforcement Officer, Police Officer of other duly
appointed individual, a complete copy of the Register of Adult Entertainment
Attendants for the preceding month. Every operator of an Adult Entertainment
Establishment - Class A shall provide the original Register of Adult
Entertainment Attendants or a copy of the Register of Adult Entertainment
Attendants to the Issuer of Licences, a Municipal Law Enforcement Officer,
Peace Officer, Provincial Offences Officer, Police Officer, or other duly appointed
individual at any time when requested to do so.
4.12.0.0.0
Every owner shall ensure that no Adult Entertainment Attendant is permitted to
carry out or engage in any service without first posting the Adult Entertainment
Attendant's City of Barrie Business Licence on the premises.
5.0.0.0.0
ADULT ENTERTAINMENT ESTABLISHMENT - CLASS B
Authority: Municipal Act, S.O. 2001, c. M.45
5.1.0.0.0
No person shall operate, maintain, carry on, or permit the operation, maintenance or
carrying on of an Adult Entertainment Establishment - Class B within the City
without first having obtained a licence to do so.
LOCATION OF OPERATION
5.2.0.0.0
No person shall operate, maintain, carry on, or permit the operation, maintenance or
carrying on of an Adult Entertainment Establishment - Class B within 300 meters of
any other Adult Entertainment Establishment - Class A or Adult Entertainment
Establishment - Class B.
5.3.0.0.0
No person shall operate, maintain, carry on, or permit the operating, maintenance or
carrying on of an Adult Entertainment Establishment - Class B within 300 meters of
a residential zone.
5.4.0.0.0
No person shall operate, maintain, carry on, or permit the operating, maintenance or
carrying on of an Adult Entertainment Establishment - Class B within 300 meters of
an institutional zone.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
16
5.5.0.0.0
Grandfathering: Notwithstanding Section 5.2, Section 5.3 and Section 5.4, any
Adult Entertainment Establishment - Class B licensed as an Adult Entertainment
Parlour under the provisions of By-law 2002-289 during the 2005 calendar year,
may continue to renew the licence for the same premises and the same type of
business operation under the provisions of this by-law, and may further sell the
business and the use as an Adult Entertainment Establishment - Class B provided
such use continues with no period of interruption of the business. Where the
business is sold, the new owner is will be required to apply for an Adult
Entertainment Establishment - Class B licence, in accordance with the provisions of
this by-law including location of operation.
ADVERTISING
5.6.0.0.0
No person shall advertise an Adult Entertainment Establishment - Class B by way
of a sign unless such sign advertising the Adult Entertainment Establishment -
Class B:
5.6.1.0.0
is only erected on the property where the Adult Entertainment
Establishment - Class B is located; and
5.6.2.0.0
contains only readable text which shall be free from any words or slang
referring to any part of the human body or the word nude, naked, topless,
bottomless, sexy or any other word,
picture,
symbol,
graphic
or
representation having like meaning, implication or perception; and
5.6.3.0.0
is in compliance with all applicable municipal by-laws.
5.7.0.0.0
No person shall advertise in a newspaper, telephone directory, flyer or other
circular, unless the City of Barrie Business Licence number is included in such
advertisement.
5.8.0.0.0
No person shall advertise in a newspaper, telephone directory, flyer or other
circular, where such advertisement contains any words or slang referring to any part
of the human body or the word nude, naked, topless, bottomless, sexy or any other
word, picture, symbol, graphic or representation having meaning, implication or
perception.
CONDUCT ON PREMISES
5.9.0.0.0
No person shall:
5.9.1.0.0
permit the operation of the Adult Entertainment Establishment - Class B
unless the owner, or designate is present at all times;
5.9.2.0.0
permit any individual under the age of 18 years to be present in an Adult
Entertainment Establishment - Class B;
5.9.3.0.0
permit any individual under the age of 18 years to act as an Adult
Entertainment Attendant within an Adult Entertainment Establishment -
Class B;
5.9.4.0.0
permit any individual 18 years of age or older to act as an Adult
Entertainment Attendant without ensuring that such person holds a valid
City of Barrie Business Licence as an Adult Entertainment Attendant;
5.9.5.0.0
permit any Adult Entertainment Attendant to touch any other person, or
have any sexual contact with any person;
5.9.6.0.0
permit any employee or patron to touch any Adult Entertainment Attendant,
or have any sexual contact with any Adult Entertainment Attendant;
5.9.7.0.0
represent that the owner is licensed under this by-law if the owner is not;
5.9.8.0.0
permit any person to loiter, create a disturbance or cause undue noise
while on the licensed premises;
5.9.9.0.0
provide free transportation for patrons to, or from the establishment;
5.9.10.0.0
permit any services to be provided in a location which is not clearly visible
from the main stage and from a patron seating area for that particular floor
of the Adult Entertainment Establishment - Class B and which location is
without obstruction by any person or any thing, including but not limited to
walls, curtains, glass, enclosures, structures, fog, or inadequate lighting;
5.9.11.0.0
make or cause to be made a main stage or make or cause to be made any
alterations to the composition, design or location of the main stage within
an Adult Entertainment Establishment - Class B, without first receiving
approval from the Issuer of Licences for such alterations;
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
17
5.9.12.0.0
permit any Adult Entertainment Attendant to provide entertainment in a
private room; or
5.9.13.0.0
permit any services to be provided outside of the licensed premises.
5.10.0.0.0
The owner shall provide to every Adult Entertainment Attendant confirmation that
such person is currently employed by or under contract with the Adult Entertainment
Establishment, or in the case of new Adult Entertainment Attendants, that such
person has been offered employment by or a contract with the Adult Entertainment
Establishment pending issuance of the City of Barrie Business Licence.
5.11.0.0.0
Every owner of an Adult Entertainment Establishment - Class B shall maintain a
Register of Adult Entertainment Attendants into which shall be recorded on a
daily basis the legal name, current address, date of birth, photo of the Adult
Entertainment Attendant, City of Barrie Business Licence number, and
professional name for each Adult Entertainment Attendant providing or carrying
on service within the premises.
5.12.0.0.0
Every owner shall ensure that no false information is entered into or contained
within the Register of Adult Entertainment Attendants.
5.13.0.0.0
Every operator of an Adult Entertainment Establishment - Class B shall deliver to
the Issuer of Licences on the first working day of each month, or as otherwise
requested by the Issuer of Licences, a Municipal Law Enforcement Officer, Police
Officer of other duly appointed individual, a complete copy of the Register of
Adult Entertainment Attendants for the preceding month. Every operator of an
Adult Entertainment Establishment - Class B shall provide the original Register
of Adult Entertainment Attendants or a copy of the Register of Adult
Entertainment Attendants to the Issuer of Licences, a Municipal Law
Enforcement Officer, Peace Officer, Provincial Offences Office, Police Officer, or
other duly appointed individual at any time when requested to do so.
5.14.0.0.0
Every owner shall ensure that no Adult Entertainment Attendant is permitted to
carry out or engage in any service without first posting the Adult Entertainment
Attendant's City of Barrie Business Licence on the premises.
6.0.0.0.0
ADULT ENTERTAINMENT ATTENDANT
Authority: Municipal Act, S.O. 2001, c. M.45
6.1.0.0.0
No person shall act as, carry on business as, or provide services as an Adult
Entertainment Attendant within the City of Barrie without first obtaining a business
licence to do so.
6.2.0.0.0
Every person making application as an Adult Entertainment Attendant shall provide
to the Issuer of Licences at the time of application:
6.2.1.0.0
two (2) pieces of identification, one of which shall be photographic
identification detailing the applicant's date of birth, legal name and current
residential address;
6.2.2.0.0
a Criminal Record check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the application;
6.2.3.0.0
any professional name, other than the applicant's legal name;
6.2.4.0.0
a description of any distinctive markings, tattoos or embellishments such
person may have; and
6.2.5.0.0
a letter of employment or pending employment from the Adult
Entertainment Establishment - Class A or Adult Entertainment
Establishment - Class B, as may be applicable.
6.3.0.0.0
Every person shall ensure that his/her City of Barrie Business Licence is
provided to the owner of the Adult Entertainment Establishment - Class A or
Adult Entertainment Establishment - Class B prior to carrying out or engaging in
any entertainment or service within the Adult Entertainment Establishment -
Class B and shall ensure that his/her Business Licence is duly posted within the
premises.
6.4.0.0.0
No Adult Entertainment Attendant shall:
6.4.1.0.0
permit any person to touch the Adult Entertainment Attendant, or have any
sexual contact with the Adult Entertainment Attendant;
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
18
6.4.2.0.0
touch any person, or have any sexual contact with any person;
6.4.3.0.0
perform any entertainment or service in a location which is not clearly
visible from the main stage and from a patron seating area for that
particular floor of the Adult Entertainment Establishment - Class B and
which location is without obstruction by any person or any thing, including
but not limited to walls, curtains, glass, enclosures, structures, fog, or
inadequate lighting;
6.4.4.0.0
permit or provide any entertainment or service in a private room, or area not
otherwise clearly unobstructed;
6.4.5.0.0
provide entertainment or services as an Adult Entertainment Attendant in
an Adult Entertainment Establishment - Class A which is not licensed
under the provisions of this by-law;
6.4.6.0.0
provide entertainment or services as an Adult Entertainment Attendant in
an Adult Entertainment Establishment - Class B which is not licensed
under the provisions of this by-law.
7.0.0.0.0
ESCORT ATTENDANT
Authority: Municipal Act, S.O. 2001, c. M.45
7.1.0.0.0
No person shall act as, or carry on business as, or offer services as an Escort
Attendant within the City without first having obtained a licence to do so.
7.2.0.0.0
Every person making application as an Escort Attendant shall provide to the Issuer
of Licences at the time of application:
7.2.1.0.0
two (2) pieces of identification, one of which shall be photographic
identification detailing the applicant's date of birth, legal name and current
residential address;
7.2.2.0.0
a Criminal Record check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the application;
7.2.3.0.0
any professional name, other than the applicant's legal name;
7.2.4.0.0
a description of any distinctive markings, tattoos or embellishments such
person may have; and
7.2.5.0.0
a letter of employment or pending employment from the Escort Service.
7.3.0.0.0
No person under the age of eighteen (18) years shall be or act as an Escort
Attendant or provide services as an Escort Attendant.
7.4.0.0.0
No Escort Attendant shall :
7.4.1.0.0
touch any person, or have any sexual contact with any person;
7.4.2.0.0
provide services as an Escort Attendant to an Escort Service which is not
licensed under the provisions of this By-law;
7.4.3.0.0
provide services as an Escort Attendant unless the client to whom such
services are being provided has been registered with the Escort Service as
required by this by-law;
7.4.4.0.0
while providing services as an Escort Attendant, accept or engage the
services of an Escort Driver who is not licensed under the provisions of this
By-law;
7.4.5.0.0
while providing services as an Escort Attendant, provide any services as an
Escort Driver or Adult Entertainment Attendant.
8.0.0.0.0
ESCORT DRIVER
Authority: Municipal Act, S.O. 2001, c. M.45
8.1.0.0.0
No person shall act as, operate as, carry on business as, or offer services as an
Escort Driver within the City without first having obtained a licence to do so.
8.2.0.0.0
The applicant shall provide to the Issuer of Licences at the time of application:
8.2.1.0.0
two (2) pieces of identification, one of which shall be photographic
identification detailing the applicant's date of birth, legal name and current
residential address;
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
19
8.2.2.0.0
a Criminal Record check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the application;
8.2.3.0.0
an Ontario Driver's Licence abstract obtained from the Ministry of
Transportation and dated within 30 days of the date of receipt of the
application;
8.2.4.0.0
the applicant's original Ontario Driver's Licence with a minimum Class G
designation with no driving restrictions;
8.2.5.0.0
a letter of employment or pending employment from the Escort Service for
which the applicant intends to act as an Escort Driver.
8.3.0.0.0
No person under the age of eighteen (18) years may be, act as, operate as, carry
on business as, offer services as, or provide services as an Escort Driver.
8.4.0.0.0
No Escort Driver shall:
8.4.1.0.0
provide services as an Escort Driver to any Escort Service unless such
Escort Service is licensed under the provisions of this by-law;
8.4.2.0.0
provide services as an Escort Driver to any Escort Attendant unless such
Escort Attendant is licensed under the provisions of this by-law;
8.4.3.0.0
while providing services as an Escort Driver provide any services as an
Adult Entertainment Attendant, Escort Attendant, or Escort Service;
8.4.4.0.0
touch any person, or have sexual contact with any person;
8.4.5.0.0
permit or allow any immoral, indecent, illegal or disorderly conduct in his
vehicle while providing services as an Escort Driver;
8.4.6.0.0
permit or allow any Escort Attendant to touch, or have sexual contact with
any other person while in the Escort Driver's vehicle;
8.4.7.0.0
permit or allow any person to touch, or have sexual contact with the Escort
Attendant, or any other person while in the Escort Driver's vehicle.
8.5.0.0.0
Every Escort Driver shall:
8.5.1.0.0
keep a daily trip record of all Escort Attendants for whom services are
provided, including:
8.5.1.1.0
the Escort Attendant's legal name, professional name and City of Barrie
Business Licence Number;
8.5.1.2.0
time and location where the Escort Attendant was picked up by the Escort
Driver;
8.5.1.3.0
time and location where the Escort Attendant was dropped off by the Escort
Driver.
8.5.2.0.0
ensure that trip records are maintained for a minimum period of 12 months;
8.5.3.0.0
produce the daily trip record(s) upon request of any Municipal Law
Enforcement Officer, Police Officer or other duly authorized individual;
8.5.4.0.0
place his Escort Driver's photographic identification card as issued by the
City pursuant to the provision of this by-law, in a transparent folder in such
a manner in the vehicle utilized by him as a Driver, so at to be conveniently
seen and read by any person in the vehicle;
8.5.5.0.0
travel by the most direct route to the point of destination;
8.5.6.0.0
be familiar with the provisions of this by-law;
9.0.0.0.0
ESCORT SERVICE
Authority: Municipal Act, S.O. 2001, c. M.45
9.1.0.0.0
No person shall operate, maintain, carry on or permit the operation, maintenance or
carrying on of an Escort Service within the City without first having obtained a
licence to do so.
9.2.0.0.0
If the applicant is an individual, the applicant shall provide to the Issuer of Licences
at the time of application, two pieces of photographic identification, one of which
shall be photographic identification detailing the applicant's birth date, legal name
and current residential address.
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
20
9.3.0.0.0
No person shall permit any person under the age of eighteen (18) years to act as an
Escort Attendant for the Escort Service.
9.4.0.0.0
Every person required to be licensed under this by-law shall provide upon request to
the Issuer of Licenses, Municipal Law Enforcement Officer, Police Officer or other
duly appointed individual, a list of all Escort Attendants and Escort Drivers currently
providing services for the said service or having provided services as an escort
attendant or escort driver for the escort service any time within the preceding twelve
months, the professional name under which they carry on such services, or are
performing such services, their legal name, current residential and mailing address.
9.5.0.0.0
Every person required to be licensed under this by-law shall maintain a
comprehensive and up-to-date register of clientele, detailing the client's legal
name, current residential address, current mailing address, date of birth and contact
telephone number(s). Such register shall be made available to a Municipal Law
Enforcement Officer, Police Officer or any other duly appointed individual at any
time.
9.6.0.0.0
No person shall:
9.6.1.0.0
permit any person under the age of eighteen (18) years to act as an Escort
Driver for the Escort service;
9.6.2.0.0
permit any person to act as, or provide services as an Escort Attendant
unless such
person is licensed to do so under the provisions of this
by-law;
9.6.3.0.0
permit any person to act as, or provide services as an Escort Driver unless
such person is licensed to do so under the provisions of this by-law;
9.6.4.0.0
permit any Escort Attendant, while providing services as an Escort
Attendant to provide services as an Escort Driver, or Adult Entertainment
Attendant;
9.6.5.0.0
permit any Escort Driver, while providing services as an Escort Driver, to
provide services as an Adult Entertainment Attendant, Escort Attendant or
Escort Service;
9.6.6.0.0
permit any Escort Attendant to touch, or have sexual contact with any
person;
9.6.7.0.0
permit any person to touch, or have sexual contact with an Escort
Attendant;
9.6.8.0.0
permit any Escort Driver to touch any person, be touched by any person, or
have sexual contact with any person.
READ a first and second time this 28th day of November 2005.
READ a third time and finally passed this 28th day of November 2005.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
_______________________________________
MAYOR - R. J. HAMILTON
"ORIGINAL SIGNED"
_______________________________________
CLERK - JOHN R. SISSON
By-law 2005-276
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Adult Entertainment Industry
21
AMENDMENTS TO BY-LAW 2005-276 ADULT ENTERTAINMENT INDUSTRY
By-law 2007-259
Section 3.37.0.0.0 t0 Section 3.49.0.0.0 and
renumber
December 10, 2007
By-law 2008-195
Refusal to Grant a License - 3.32.1.0.0
November 10, 2008
By-law 2012-036
Section 3.2.0.0.0, 3.19.0.0.0, 3.20.0.0.0,
3.55.0.0.0, 3.56.0.0.0, 3.57.0.0.0 and Table
1
February 13, 2012
By-law 2015-006
Sections 3.38.0.0.0, 3.39.0.0.0, 3.40.0.0.0,
3.41.0.0.0, 3.43.0.0.0, 3.44.0.0.0,
3.45.0.0.0, 3.46.0.0.0 and 3.47.0.0.0 -
Business Licencing Appeal Committee
January 19, 2015