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Consolidated By-law No. 37-2003 as amended by By-law No. 047-2006
THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 37-2003
BEING A BY-LAW TO REGULATE, LICENSE AND GOVERN BODY-RUB PARLOURS
WITHIN THE TOWN OF MILTON, AND TO REPEAL BY-LAW NO. 132-2001
WHEREAS section 150 of the Municipal Act 2001, S.O. 2001, c. 25, as amended, (the
"Act") authorizes councils of all municipalities to license, regulate, and govern any
business wholly or partly carried on within the municipality;
AND WHEREAS section 151(2)(b) of the Act provides that an "adult entertainment
establishment" includes a body rub parlour;
AND WHEREAS the Council of The Corporation of the Town of Milton desires to repeal
By-law No. 132-2001, and to enact a new by-law to regulate, license and govern Body-
Rub Parlours in the Town of Milton;
AND WHEREAS section 151(1)(a) of the Act provides that, despite subsection 150(12),
a by-law passed under section 150 of the Act may define the area or areas of the
municipality in which adult entertainment establishments may or may not operate and
may limit the number of licenses to be granted in any Defined Area in which they are
permitted;
AND WHEREAS the Council of The Corporation of the Town of Milton deems it
desirable to enact a by-law defining areas of the Town of Milton in which, subject to all
other applicable law, adult entertainment establishments may operate, and areas in
which adult entertainment establishments may not operate, and limiting the number of
licenses to be granted in respect of adult entertainment establishments in the Town of
Milton.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
MILTON ENACTS AS FOLLOWS:
MUNICIPAL ACT REQUIREMENTS
1.
By-law 37-2003 to license, regulate, and govern Body Rub Parlours is adopted
by the Council of the Town for the purpose of consumer protection and the
protection of the health and safety of the public.
Page 1 of 17 of By-law No. 37-2003
DEFINITIONS
2.
In this By-law:
(a)
"Attendant" means a person who, in pursuance of a trade, business or
occupation, provides Body-Rubs at a Body-Rub Parlour;
(b)
"Body-Rub" includes the kneading, manipulating, rubbing, massaging,
touching or stimulating, by any means, of a person's body or part thereof but
does not include medical or therapeutic treatment given by a person
otherwise duly qualified, licensed or registered so to do under the laws of the
Province of Ontario;
(c)
"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, in greater than TWENTY (20) % of the non-administrative floor
space, but does not include any premises or part thereof where the Body-
Rubs performed, offered or solicited are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the Province
of Ontario; (as amended by by-law 047-2006)
(d)
"Committee" means the Town's Administration and Planning Committee;
(e)
"Council" means the Council of the Town;
(f)
"Licensing Officer" means the Licensing Officers for the Town, or his/her
designate, and includes the Town Clerk;
(g)
"Licensing Section" means the Licensing Section of the Clerk's Office at the
Town;
(h)
"Medical Officer of Health" means the Medical Officer of Health for the
Regional Municipality of Halton;
(i)
"Municipal Law Enforcement Officer" means an employee of the Town so
appointed by Council;
(j)
"Officer" means the Medical Officer of Health, a Licensing Officer, a
Municipal Law Enforcement Officer, a public health inspector, a peace
officer, a police officer or such other person as Council may designate;
(k)
"Operator" includes a proprietor or any person who alone or with others
operates, manages, supervises, runs or controls a Body-Rub Parlour;
Page 2 of 17 of By-law No. 37-2003 (Consolidated Version)
(l)
"Owner" means a person who alone or with others has the right to possess
or occupy a Body-Rub Parlour or actually does possess or occupy a Body-
Rub Parlour, and includes a lessee of a Body-Rub Parlour or premises upon
which a Body-Rub Parlour is located;
(m)
"person" includes a corporation or partnership, and includes their
successors, assigns, heirs, executors, administrators, or other legal
representative of such person to whom the context can apply according to
law;
(n)
"specified body areas" means any one or more of the following:
i)
in the case of a female person, her nipples and breasts; and
ii)
in the case of all persons, the genitals and the anus;
(o)
"to provide" when used in relation to Body-Rubs includes offering to provide
or causing or permitting the provision of a Body-Rub and "provides",
"providing" and "provision" have corresponding meanings;
(p)
"Town" means The Corporation of the Town of Milton.
GENERAL PROVISIONS OF BY-LAW
3.
Every Body-Rub Parlour Owner, Operator and Attendant shall obtain a license
under this By-law from the Town authorizing him/her to carry on such trade,
calling, business or occupation in the Town, for which license the person
obtaining the same, shall pay to the Town before the time of taking out such
license, the fee fixed under Town's User Fee By-law 163-2002, as amended from
time to time, and no person shall, within the limits of the Town, operate a Body-
Rub Parlour or provide Body Rubs, until he or she has procured such license to
do so in accordance with the requirements of this By-law.
4.
No Owner of a Body-Rub Parlour shall permit any person, other than an
Operator, licensed under this By-law, to operate such Body-Rub Parlour.
5.
No Owner or Operator of a Body-Rub Parlour shall permit any person, other than
an Attendant licensed under this By-law, to provide Body-Rubs at such Body-Rub
Parlour.
6.
The requirement of a license under this By-law is in addition to, and not in
substitution for, any other requirement to obtain a license or licenses under any
other federal, provincial or municipal legislation and does not relieve any party of
its obligations to comply with any other law with respect to the operation of a
Body-Rub Parlour.
Page 3 of 17 of By-law No. 37-2003 (Consolidated Version)
7.
Every Owner and Operator licensed as such under this By-law shall, within five
(5) days after the selling, leasing or other disposal of the Body-Rub Parlour in
respect of which the license has been issued, or after ceasing to carry on the
business, notify the Licensing Section in writing of such fact and surrender the
license.
8.
No person shall enjoy a vested right in the continuance or renewal of a license
and the value of a license shall be the property of the Town and shall remain so
regardless of the issue, renewal or revocation thereof.
9.
No person licensed to carry on any trade, calling, business or occupation
pursuant to this By-law may advertise or promote or carry on such trade, calling,
business or occupation under any name other than the name endorsed upon his
or her license.
10.
Every Body-Rub Parlour Owner or Operator's license shall have endorsed
thereon the location of the Body-Rub Parlour and such endorsement shall be for
one location only and such license shall be valid only for the location endorsed
thereon.
11.
No person carrying on or engaged in any trade, calling business or occupation to
which this By-law relates shall make a false or intentionally misleading recital of
fact, statement or representation, orally or in any agreement, statutory
declaration or application form required by this By-law, to the Town, to Council,
any committee of Council, the Clerk, or an Officer, and the making of such a false
or intentionally misleading recital of fact, statement or representation constitutes
an offence.
TERM OF LICENSE & FEES
12.
Every license issued under this By-law shall expire at the end of February of
each year if not otherwise revoked or suspended under this By-law prior to that
date.
13.
A license issued under this By-law is personal to the licensee, and cannot be
transferred, assigned or leased.
14.
The rights granted by an Owner or Operator's license issued under this By-law
apply only to the premises for which the license is issued.
15.
Where the original information submitted on a license application changes during
the year, such licensee shall notify the Licensing Section in writing within five (5)
days of any change in the information contained in the previous application
submitted by the licensee.
Page 4 of 17 of By-law No. 37-2003 (Consolidated Version)
16.
Each licensee shall be required to renew the said license prior to the expiry of the
original license issued under this By-law and failing such renewal, the licensee
must discontinue the operation of the Body-Rub Parlour upon the expiry of the
license.
17.
To apply to renew a license, the licensee shall submit a complete application in
the form required by the Town, along with any supporting information or
documentation of the types listed in section 24 of this By-law, if required by the
Town, and shall pay the required fee as set out in the Town's User Fee By-law
163-2002, as amended from time to time.
18.
Where a completed application form and required fee for the renewal of a license
is not submitted to the Licensing Section before the expiry date of the license, the
license expires and in order to operate as a Body-Rub Parlour, the Owner and
Operator must each make application for a new license in accordance with the
requirements of this By-law, rather than making application for a renewal of a
license.
19.
Where a license has been revoked or suspended, the licensee is not entitled to a
refund of the license fee.
LOCATION OF PREMISES
20.
All Body-Rub Parlours shall be restricted to locations within the geographic area
or areas designated in the Town's Zoning By-law, and no Body-Rub Parlours are
permitted to operate in any other area or areas of the Town.
21.
The provisions of section 20 do not apply so as to prevent the renewal of a
license when the Body-Rub Parlour was being lawfully carried on at that location
in accordance with the Town's Zoning By-law when the original licence was
issued for the Body-Rub Parlour at that location and has continued to be carried
on at that location, and the Body-Rub Parlour is in compliance with all other
applicable laws and all other requirements of this By-law.
22.
A maximum of three (3) Body-Rub Parlours shall be permitted within the Town of
Milton and no licenses shall be issued under this By-law with respect to any
additional Body-Rub Parlours.
LICENSE APPLICATION
23.
Every applicant for a license to which this By-law relates, shall appear in person
at the offices of the Licensing Section and shall complete the prescribed forms
and provide all information requested thereon, and shall furnish to the Licensing
Officer such information as Council may direct or the Licensing Officer may
require. In the case of a Body-Rub Parlour owned or operated by a partnership,
such appearance shall be made by one of the partners, provided the application
Page 5 of 17 of By-law No. 37-2003 (Consolidated Version)
shall be signed by all of the partners, and in the case of a Body-Rub Parlour
owned or operated by a corporation, such appearance shall be made by an
officer of the corporation.
24.
The information, documentation and fees required by the Licensing Officer
through the license application process under section 23 shall include, but not be
limited to the following:
(a)
the name of the Owner and the proposed Operator, and an application by
such person for an Operator's license;
(b)
a precise description of the real property and building upon which the
business is to be carried on, together with information as to exactly where
on the property and what parts of the premises are to be utilized for this
purpose, and all relevant data pertaining to the nature of the business to
be carried on, including the type of services and/or goods to be advertised
and offered, and the prices for services;
(c)
confirmation from the Town's Building Department that the Body-Rub
premises comply with all Ontario Building Code requirements, Official Plan
and zoning requirements and all requirements of Town by-laws relating to
the physical construction of the premises;
(d)
confirmation from the Town's Fire Department that the Body-Rub
premises complies with the Department's requirements and the Ontario
Fire Code;
(e)
the identity and address of all persons or entities having an interest,
directly or indirectly, any trust arrangement, or any financial or contractual
or other arrangement with respect to the Ownership or operation of the
premises or the Body-Rub Parlour;
(f)
the identity and address of every person having a beneficial interest,
directly or indirectly, in the premises or in the business to be carried on to
which this By-law relates and every person having a right to receive
income, revenue or benefits 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;
(g)
every applicant for an Owner's license, Operator's license or Attendant's
license shall provide two passport-sized photographs, which must be
taken within thirty (30) days prior to the license application. Where such
applicant for an Owner's license is a corporation, such photograph shall be
taken of an officer of the corporation. Where such applicant for an Owner's
license is a partnership, such photographs shall be taken of one of the
partners;
Page 6 of 17 of By-law No. 37-2003 (Consolidated Version)
(h)
Every applicant referred to in section 23, and every shareholder, partner
or other person referred to in this By-law, shall file with or produce to the
Licensing Officer proof of his or her age, if required to do so by the
Licensing Officer, and no such license shall be issued unless the
Licensing Officer is satisfied that every such person is of the full age of
eighteen (18) years;
(i)
every applicant for an Owner's license, Operator's license or an
Attendant's license shall provide a criminal records check that they have
obtained from a Police Service;
(j)
the annual fee as prescribed in the Town's User Fee By-law 163-2002, as
amended from time to time;
(k)
documentation satisfactory to the Licensing Officer demonstrating the
Owner's or Operator's right to possess or occupy the premises, and if any
applicant is not the registered owner of the property at which the Body-
Rub Parlour is to be located, such person shall file with the Licensing
Officer a copy of his or her lease, if any, of the property and a copy of any
other document constituting or affecting the legal relationship between the
applicant and the registered owner relating to the said property;
(l)
every applicant for an Attendant's license shall provide a letter of
prospective employment or engagement from the Owner or Operator of a
licensed Body-Rub Parlour;
(m)
every applicant for an Attendant's license shall provide the Licensing
Officer with a medical certificate from a qualified doctor dated within thirty
(30) days of the date of the application, indicating that the applicant is free
from communicable or transmissible diseases and shall submit to such
tests in relation to communicable or transmissible diseases as required by
the Medical Officer of Health;
(n)
confirmation that the applicant is in compliance with all other municipal,
provincial or federal laws.
25.
Acceptance of the application and/or the license fee by the Town shall not
represent approval of the application for the issuance of a license nor shall it
obligate the Town to issue such license.
26.
Without limiting the generality of any other provision of this By-law, the Licensing
Officer, upon receiving an application completed in accordance with the
requirements of this By-law:
Page 7 of 17 of By-law No. 37-2003 (Consolidated Version)
(a)
shall submit a copy of the application to the Medical Officer of Health and
to the Halton Regional Police Service for comments;
(b)
may submit a copy of the application to any other government official or
functionary for comments;
(c)
may make such other inquiries and inspections, and obtain and review
such other information and documents relevant to the application, as the
Licensing Officer considers necessary for the proper processing of the
application, including notifying and hearing from any member of the public.
27.
Without limiting the generality of any other provision in this By-law, persons
associated in a partnership applying for a license under this By-law shall file with
their application a statutory declaration, in writing signed by all members of the
partnership stating:
(a)
the full name of every partner and the address of his/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;
and
(d)
the mailing address for the partnership.
28.
Without limiting the generality of any other provision in this By-law, every
corporation applying for a license shall file with the Licensing Officer, at the time
of making its application, copies of its articles of incorporation or other
incorporating document and shall file with the Town a statutory declaration, in
writing, signed by an officer of the corporation stating:
(a)
the full name of every shareholder and the address of his ordinary
residence;
(b)
the name or names under which it carries on or intends to carry on
business;
(c)
that the persons therein named are the only shareholders of the
corporation;
(d)
the mailing address for the corporation; and
(e)
the names of its officers, directors and management employees.
Page 8 of 17 of By-law No. 37-2003 (Consolidated Version)
29.
A separate Owner's license shall be taken out in respect of each Body-Rub
Parlour.
30.
A separate Operator's license shall be taken out in respect of each Body-Rub
Parlour.
31.
Each Owner, and Operator shall, if they perform, offer, or solicit a Body-Rub, be
licensed as an Attendant in accordance with the provisions of this By-law.
REFUSAL, REVOCATION, SUSPENSION OF LICENSE
32. An applicant whose application meets all the requirements of this By-law is entitled
to a license or to the renewal of a license and a licensee who meets all of the
requirements of this By-law is entitled to be able to continue to hold a license,
except where:
(a)
the past or present conduct of the applicant or licensee, or of any partner
where the applicant is a partnership, or of any director or officer of the
corporation if the applicant is a corporation, affords reasonable grounds to
believe that the business in respect of which the application is made will
not be carried on in accordance with the law or with integrity and honesty;
or
(b)
the conduct of the applicant or licensee, or other circumstances, afford
reasonable grounds for belief that the carrying on by the applicant or
licensee of the business in respect of which the license is sought or held,
would infringe the rights or endanger the health or safety of members of
the public and persons working in the premises;
(c)
there are reasonable grounds for belief that the carrying on of the
business by the applicant or licensee will result in non-compliance with
this By-law or any other requirement or prohibition imposed by any other
law;
(d)
there are reasonable grounds for belief that the nature, condition or use of
the place or premises, or any equipment, vehicle or other personal
property used or to be used by the applicant or licensee in the carrying on
or engaging of the business would involve non-compliance with any
provision of this By-law or any other law;
(e)
there are reasonable grounds for belief that any application or any other
document or information provided by or on behalf of the licensee or
applicant contains a false statement or provides false information;
(f)
information provided to the Town by or on behalf of the applicant or
licensee, whether oral or in writing, has ceased to be accurate, and the
Page 9 of 17 of By-law No. 37-2003 (Consolidated Version)
applicant or licensee has not provided up-to-date accurate information to
the Town sufficient to allow Council to conclude that the license should be
granted or maintained as valid and subsisting;
(g)
the Body-Rub Parlour or the property on which it is located, have
outstanding property or business taxes, unless the applicant or licensee
has made an arrangement satisfactory to the Director of Corporate
Services for the Town, for the payment of such property or business taxes;
or
(h)
there has been a failure by the applicant or licensee to meet the
requirements of the Town's Official Plan, Zoning By-law except as
provided for in section 21 of this By-law, the Building Code Act, 1992, S.O.
1992, c. 23, as amended and the Ontario Building Code, the Fire
Marshal's Act, R.S.O. 1990, c. F.17, as amended, or the Ontario Fire
Code, or any other provincial or federal law or municipal by-law, as they
may be amended from time to time.
TERMS AND CONDITIONS ON LICENSE
33. (a)
Council may impose conditions as a requirement of obtaining,
continuing to hold or renewing a license under this By-law.
(b)
Council may also impose special conditions as a requirement of
obtaining, continuing to hold or renewing a license under this By-law that
have not been imposed on other Body-Rub Parlours in the Town of Milton,
upon such grounds as are set out in section 32 of this By-law.
OPPORTUNITY TO BE HEARD
34.
Where a Licensing Officer has reasonable grounds to believe that the
applicant/licensee may not be entitled to the issuance or renewal of a license,
that conditions, including special conditions, may need to be imposed, or that a
license should be suspended or revoked, on the grounds referred to in this By-
law, the Licensing Officer shall forthwith cause written notice of this fact, with
reasons, to be served upon the applicant or licensee, either in person or by
registered mail, at the address shown on the application form.
35.
The Licensing Officer's notice shall state that the applicant/licensee may request
an opportunity to be heard before the Committee to address the issues and
grounds identified in the notice, by paying the required fee pursuant to the
Town's User Fee By-law 163-2002, as amended from time to time. The notice
shall also state that if the applicant/licensee does not notify the Licensing Officer
that the applicant/licensee requests such an opportunity to be heard, the
application for a license or renewal of a license may not be granted, conditions,
Page 10 of 17 of By-law No. 37-2003 (Consolidated Version)
including special conditions, may be imposed, or the license may be suspended
or revoked and the applicant/licensee will not be entitled to any further notice with
respect to the matter.
36.
If the applicant/licensee wishes to request an opportunity to be heard before the
Committee, the applicant/licensee must serve a notice in writing to that effect
upon the Licensing Officer within fifteen (15) days of service of the Licensing
Officer's notice, along with the applicable fee required pursuant to the Town's
User Fee By-law 163-2002, as amended from time to time.
37.
(a)
Where the Licensing Officer receives notice from the applicant/licensee in
accordance with section 36, the Licensing Officer shall forthwith refer the
matter to the Committee and give the applicant/licensee notice of the date
and time when the applicant/licensee will have the opportunity to be heard
on the matter by the Committee.
(b)
Where the Licensing Officer does not receive notice from the
applicant/licensee requiring an opportunity to be heard in accordance with
section 36, the Town need not process the application further, no further
notice is required to be served upon the applicant/licensee, and the
license or renewal of license may not be granted and Council may also
suspend or revoke the license or impose conditions, including special
conditions, without hearing from the applicant/licensee.
38.
Where the applicant/licensee has satisfied all requirements under this By-law for
the issuance or renewal of a license and there are no grounds under this By-law
for denying the issuance or renewal of the license and the Licensing Officer does
not seek to have conditions imposed on the license, the Licensing Officer shall
issue or renew the license.
ADMINISTRATION & PLANNING COMMITTEE
39.
Where a matter has been referred to the Committee, at the applicant's/licensee's
request, for an opportunity to be heard under this By-law, and the
applicant/licensee does not attend the scheduled meeting, the Committee may
hold the meeting in the absence of the applicant/licensee and otherwise proceed
in accordance with section 42 of this By-law.
40.
At any meeting conducted by the Committee under this By-law, the Committee
can hear not only from the applicant/licensee, but also from the Licensing Officer
involved or other Town staff, any governmental or other public agency, or the
general public.
41.
Upon the conclusion of a meeting conducted by the Committee under this By-
law, the Committee shall as soon as practicable:
Page 11 of 17 of By-law No. 37-2003 (Consolidated Version)
(a)
make a written report to Council summarizing the evidence and arguments
presented by the parties;
(b)
set out the findings of fact made by the Committee; and
(c)
set out the recommendations of the Committee with reasons therefore on
the merits of the application or matter in respect of which the meeting has
been conducted.
42.
After considering the report of the Committee, Council may make any decision
permitted under this By-law in respect of the granting or refusal of the issuance
or renewal of a license, the imposing of conditions, including special conditions,
on a license or the revocation or suspension of a license, that it might have made
had it conducted the meeting itself and Council's decision shall be final.
RETURN OF LICENSE
43.
Where a license has been suspended or revoked, the holder of the license shall
return the license to the Licensing Section or a Municipal Law Enforcement
Officer within twenty-four (24) hours of receipt of notification of the suspension or
revocation. An Officer, may enter upon the premises of the Owner for the
purpose of receiving or taking the said license and no person shall refuse to
deliver or in any way obstruct or prevent the Officer from obtaining the license.
CHANGE OF STATUS
44.
Where there is or is intended to be any change in any of the information or
documentation that was filed with the Town as part of the application process for
a license or renewal of a license under this By-law, such change in the
documentation or information shall be reported to the Town within five (5) days of
such change.
45.
When there has been a change in the documentation or information previously
provided to the Town in connection with an application for license or renewal of
license under this By-law, regardless of how that change in information or
documentation comes to the attention of the Town, Council may reconsider the
granting or renewal of the license with or without conditions, or consider a
suspension or revocation of the license, in accordance with the provisions of
sections 32 to 39 of the By-law.
REGULATIONS APPLICABLE TO BODY-RUB PARLOURS
46.
Every Owner and Operator shall ensure that no services are provided at the
Body-Rub Parlour other than in accordance with the requirements of this By-law.
Page 12 of 17 of By-law No. 37-2003 (Consolidated Version)
47.
No Owner or Operator may permit a Body-Rub Parlour to be open for business
unless the Owner or Operator is in attendance in person, and no Attendant may
provide Body-Rubs at a Body-Rub Parlour unless there is a licensed Body-Rub
Parlour Owner or Operator in attendance in person at the premises, and their
license has not expired, been revoked or suspended.
48.
Every Owner and Operator shall keep his or her license issued in respect of a
Body-Rub Parlour posted in a conspicuous place on the said premises in a
manner satisfactory to a Licensing Officer or Municipal Law Enforcement Officer
at all times during the currency of the license.
49.
No Owner or Operator shall permit any Attendant to provide Body-Rubs at a
Body-Rub Parlour unless such Attendant is licensed pursuant to the provisions of
this By-law and his or her license has not expired, been revoked or suspended.
50.
Every Owner shall post and maintain, in a prominent location that is satisfactory
to a Licensing Officer or Municipal Law Enforcement Officer, a copy of all
licenses of Attendants providing Body-Rubs at the Body-Rub Parlour.
51.
Every recipient of a Body-Rub in a Body-Rub Parlour shall be clothed in a
manner that ensures that the person's specified body areas are fully covered at
all times by opaque material.
52.
Every Attendant in a Body-Rub Parlour shall be clothed in a manner that ensures
that the Attendant's specified body areas are fully covered at all times by opaque
material.
53.
No Owner, Operator, or Attendant shall perform or permit, allow or cause to be
performed a Body-Rub in any Body-Rub Parlour by or upon any person whom he
or she has reasonable cause to suspect has been exposed to or is suffering from
any communicable disease, including any communicable skin disease.
54.
No Owner or Operator shall, in respect of any Body-Rub Parlour owned or
operated by such Owner or Operator, permit, allow or cause any Attendant to
touch, or be touched by, or have physical contact with, any person in any manner
whatsoever involving any specified body areas. No Attendant shall, while at a
Body-Rub Parlour, touch or allow, permit or cause herself or himself to be
touched or have physical contact with any other person in any manner
whatsoever involving any specified body areas.
AGE RESTRICTIONS
55.
The Owner and Operator shall ensure that no person provides Body-Rubs in a
Body-Rub Parlour to any person under the age of eighteen (18) years and that
no person under the age of eighteen (18) years is allowed to enter or remain in
any part of a Body-Rub Parlour.
Page 13 of 17 of By-law No. 37-2003 (Consolidated Version)
56.
Each Owner or Operator shall ensure that there is posted in a prominent location
at the entrance to the Body-Rub Parlour a sign indicating that no person under
the age of eighteen (18) may enter or remain on such premises.
57.
No Owner or Operator may permit any employee or person under contract to
work at a Body-Rub Parlour unless such person is at least eighteen (18) years of
age and such person has been instructed with regard to the regulations of this
By-law and complies with these regulations.
SIGNS AND ADVERTISEMENTS
58.
In addition to complying with the Town's Sign By-law, all persons must comply
with the following regulations with respect to signs, advertising, advertising
devices and any or other communication or thing used to promote Body-Rub
Parlour, as follows:
(a)
a person may erect or maintain the following types of signs or other
advertising devices in respect of a Body-Rub Parlour: an awning sign,
canopy sign, a ground or pylon sign and a wall sign. No other type of sign
or advertising device, including but not limited to, projecting signs,
inflatable advertising devices, portable and trailer signs, or sandwich
board signs, is permitted in respect of a Body-Rub Parlour;
(b)
Every Owner and Operator shall exhibit over the street door or in the lower
front window of the premises in respect of which such person's license is
issued or in some other conspicuous place on the exterior of such
premises satisfactory to the Licensing Officer, a sign bearing the words
"Licensed Body-Rub Parlour".
(c)
no person may circulate, post, distribute or cause to be distributed any
poster, flyer, handbill or other form of printed advertising material, other
than in the interior of a Body-Rub Parlour, with the exception of advertising
located in a newspaper or telephone directory;
(d)
no person shall include pictorial or symbolic representation of specified
body areas, on exterior signs and advertisements relating to a Body-Rub
Parlour.
(e)
nothing in this By-law 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;
Page 14 of 17 of By-law No. 37-2003 (Consolidated Version)
(f)
any sign or advertising device otherwise permitted in respect of a Body
Rub Parlour under this By-law, shall not have any animation, flashing
lights or be designed to revolve on an axis. For the purpose of this sub-
section, "animation" shall mean any motion of a display or part thereof
whether by mechanical or other action or the flashing on and off of its
lights; and
(g)
where there is a conflict between the provisions of this By-law and the
provisions of the Sign By-law No. 146-2002, as amended from time to
time, the provisions of this By-law shall apply.
DESIGN OF PREMISES
59.
Every Owner and Operator shall, in the operation of a Body-Rub Parlour, comply
with, and ensure compliance with all of the requirements set out in this By-law.
60.
Every Owner and Operator shall ensure that:
(a)
the Body-Rub Parlour is kept in a clean and sanitary condition;
(b)
every table, mat or other surface upon which persons lie or sit while being
given or provided with a Body-Rub shall be clean and in good repair, and
shall have a top surface of impervious material;
(c)
every table, mat or other surface referred to in subsection (b) shall be
covered with a fresh, clean individual paper or cloth sheet before any
person receives a Body-Rub thereon;
(d)
every sheet or towel shall, immediately after being used by any person, be
deposited in a receptacle reserved for that purpose and shall not be
utilized again for any purpose before being freshly laundered.
61.
The Owner or Operator shall provide the Licensing Section with a floor plan of
the Body-Rub Parlour showing the designated room(s) for the provision of Body-
Rubs and no person may provide Body-Rubs in any other room, cubicle,
enclosure or partitioned area located within the Body-Rub Parlour. In the event
that the Owner or Operator wishes to amend the floor plan, he or she shall first
file a copy of the amended floor plan with the Licensing Section, and shall not
proceed to make such alterations without first obtaining the approval of the
Licensing Section.
62.
The Owner or Operator may designate one or more rooms for use as an office
and/or storage room. Such designated office and/or storage rooms may be
equipped or constructed with a locking device.
Page 15 of 17 of By-law No. 37-2003 (Consolidated Version)
63.
Every Owner or Operator shall ensure that no means of access to any room,
cubicle, enclosure or partitioned area in a Body-Rub Parlour, save and except
the designated office and/or storage room, is equipped or constructed with a
locking device of any kind or with any other device or structure which could delay
or hinder anyone from entering or obtaining access to such area.
64.
During the hours of operation of a Body-Rub Parlour, the Owner or Operator
shall ensure that the principle 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.
65.
No premises or part thereof used as a Body-Rub Parlour shall be used as a
dwelling or for sleeping purposes or contain therein any furniture which is
commonly used or which may be used for sleeping purposes.
66.
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.
INSPECTION
67.
An Officer may, at any time of the day or night, enter a Body-Rub Parlour for the
purpose of determining whether this By-law is being complied with and, for this
purpose, may make such examinations, investigations and inquiries as are
necessary to confirm compliance with this By-law and no person shall hinder or
obstruct such examinations, investigations and inquiries.
68.
As part of an inspection under section 67, an Officer is entitled to inspect all
books of account, vouchers, correspondence and the records of the Body-Rub
Parlour or person being inspected that are relevant to the purpose of the
inspection.
69.
No person shall obstruct or hinder a person inspecting premises pursuant to this
By-law, or withhold, destroy, conceal or refuse to furnish any information or thing
required by an Officer pursuant to this By-law.
NOTICE
70.
Any notice required to be given under this By-law is sufficiently given if delivered
personally or sent by registered mail to the applicant or licensee at the address
provided on the license application form.
71.
Where service is effected by registered mail, it shall be deemed to be made on
the fifth (5) day after the date of mailing.
Page 16 of 17 of By-law No. 37-2003 (Consolidated Version)
HOURS OF OPERATION
72.
An Owner or Operator shall only operate a Body-Rub Parlour on the days and
between the hours indicated below:
(a)
Monday to Friday from 9:00 a.m. to 10:00 p.m.
(b)
Saturdays from 9:00 a.m. to 6:00 p.m.
(c)
Sundays from 10:00 a.m. to 5:00 p.m.
OFFENCE, PENALTY AND ENFORCEMENT
73.
Every person who contravenes any provision of this By-law and any director or
officer of a corporation who concurs in such contravention by the corporation is
guilty of an offence and on conviction is liable to a fine not exceeding $25,000.00
or to imprisonment for a term not exceeding one (1) year, or to both.
74.
Notwithstanding section 73, a corporation which contravenes any provision of
this By-law is guilty of an offence and on conviction is liable to a fine not
exceeding $50,000.00.
75.
This By-law shall be administered and enforced by an Officer or Officers.
SEVERABILITY
76.
When a court of competent jurisdiction declares any section or part of this By-law
invalid, the remainder of this By-law shall continue in force unless the court
makes an order to the contrary.
SHORT TITLE
77.
This by-law shall be known as the Body Rub Parlour Licensing By-law.
REPEAL
78.
By-law No. 132-2001 is hereby repealed in its entirety.
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 28th day of
April, 2003.
_______________________Mayor
Gordon A. Krantz
__________________Town Clerk
Troy McHarg
Page 17 of 17 of By-law No. 37-2003 (Consolidated Version)