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THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 53-2003
BY-LAW
FOR
THE
LICENSING,
REGULATING
AND
GOVERNING
OF
BUSINESSES WHICH OFFER ADULT VIDEOTAPES FOR SALE, RENT OR
TRADE/EXCHANGE, AND TO REPEAL BY-LAW NO. 133-2001, AS AMENDED
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)(a) of the Act defines a premises as an "adult
entertainment establishment" if goods, entertainment or services that are designed
to appeal to erotic or sexual appetites or inclinations are provided in pursuance of a
business in the premises or part of the premises;
AND WHEREAS the Council of The Corporation of the Town of Milton has deemed
it desirable to enact a new by-law to license, regulate, and govern adult videotape
stores as a class of adult entertainment establishment pursuant to the provisions of
sections 150 and 151 of the Act, and to repeal By-law No. 133-2001;
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 videotape stores may operate, and areas in which
adult videotape stores may not operate, and limiting the number of licenses to be
granted in respect of adult videotape stores in the Town of Milton.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
MILTON ENACTS AS FOLLOWS:
MUNICIPAL ACT REQUIREMENT
1. By-law 53-2003 to license, regulate, and govern Adult Videotape Stores as a
class of adult entertainment establishment is adopted by Council of the Town for
the purpose of consumer protection and the protection of the health and safety of
the public.
Page 1 of 15 of By-law No. 53-2003
DEFINITIONS
2. In this By-law:
a)
"Adult Videotape" means:
(i)
any Videotape, the contents of which are designed or held out as
designed to appeal to erotic or sexual appetites or inclinations
through the pictorial, photographic or other graphic depiction of
subject-matter distinguished or characterized by the portrayal of
one or more persons involved or engaged in specified sexual
activities or by an emphasis on the display of specified body areas
and;
ii)
any Videotape classified by the Ontario Film Review Board, or any
successor Board, under the Theatres Act, R.S.O. 1990, c.T.6, as
amended, as "restricted", with the added description "adult sex
film" or other similar rating or category which may be used by the
Board from time to time;
b)
"Adult Videotape Area" means a part of any premises, which part is used
for the provision of Adult Videotapes and may include a storage shelf
behind an opaque barrier;
c)
"Adult Videotape Store Class "A" means any premises where Adult
Videotapes are provided in pursuance of a trade, calling, business, or
occupation where the proportion of Adult Videotapes to non-Adult
Videotapes offered, is equal to or exceeds the ratio of 10:100 (Adult
Videotapes to non-Adult Videotapes);
d)
"Adult Videotape Store Class "B" means any premises where Adult
Videotapes are provided in pursuance of a trade, calling, business or
occupation where the proportion of Adult Videotapes to non-Adult
Videotapes offered, is less than the ratio of 10:100 (Adult Videotapes to
non-Adult Videotapes);
e)
"Clerk" means the Town Clerk or his/her designate;
f)
"Committee" means the Town's Administration and Planning Committee;
g)
"Council" means the Council of the Town;
h)
"Licensing Officer" means the Licensing Officers for the Town, or their
designates, and includes the Clerk;
Page 2 of 15 of By-law No. 53-2003
i)
"Licensing Section" means the Licensing Section of the Clerk's Office at
the Town;
j)
"Medical Officer of Health" means the Medical Officer of Health for the
Regional Municipality of Halton;
k)
"Municipal Law Enforcement Officer" means an employee of the Town
so appointed by Council;
l)
"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;
m)
"Owner" means a person who alone or with others owns or has a right to
possess or occupy an Adult Videotape Store Class "A" or Class "B" or
actually does possess or occupy an Adult Videotape Store Class "A" or
Class "B", and includes a lessee of an Adult Videotape Store Class "A" or
Class "B" or premises upon which an Adult Videotape Store Class "A" or
Class "B" is located;
n)
"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;
o)
"specified body areas" means any one or more of the following:
i)
in the case of a female person, her breasts; and
ii)
in the case of all persons, the genitals and the anus;
p)
"specified sexual activities" means one or more of the following: actual or
simulated sexual intercourse, masturbation, urination, defecation,
ejaculation, sodomy, including bestiality, anal intercourse and oral sexual
intercourse, direct physical stimulation of clothed or unclothed specified
body areas and flagellation, mutilation, maiming, murder or torture in the
context of a sexual relationship or activity;
q)
"to provide" when used in relation to Adult Videotape means to sell, offer
to sell or display for sale by retail, or to rent, offer to rent or display for
rental, or to exchange/trade or to offer to exchange/trade or display for
exchange/trade, whether or not the cost, fee or other consideration
passes at the time of such sale, rental or exchange/trade, or is effected
through the cost of membership, subscription, admission or any other
manner, and the words "are provided", "providing" and "provision" have
similar meaning;
Page 3 of 15 of By-law No. 53-2003
r)
"Town" means The Corporation of the Town of Milton;
s)
"Videotape" means cinematographic film, videotape, video disc, laser
disc, DVD, computer produced images (including computer diskettes and
CD ROM) or any other mechanical or computer medium which may
produce visual images that may be viewed as moving or still pictures;
LICENSE REQUIREMENT
3.
Every Owner of an Adult Videotape Store Class "A" or Class "B" shall obtain a
license from the Town authorizing him/her to carry on such business 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, carry on or engage in such business until he or
she has procured such license to do so.
4.
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 Adult Videotape Store Class
"A" or "B" upon the expiry of the license.
ADMINISTRATION
5.
The Licensing Section of the Town shall:
(a)
receive and process all applications for licenses and renewal of
licenses required under this By-law;
(b)
administer the issuance of licenses in accordance with the provisions
of this By-law;
(c)
maintain and keep records of all applications received and licenses
issued; and
(d)
generally perform administrative functions incidental and necessary to
the due administration and enforcement of this By-law.
APPLICATIONS FOR LICENSES AND FOR RENEWAL OF LICENSES
6.
Every person applying for a license or a renewal of a license under this By-
law shall file with the Licensing Section an application form provided by the
Licensing Section, in which the applicant shall provide all information required
by the application form.
Page 4 of 15 of By-law No. 53-2003
7.
Each completed application shall be submitted to the Licensing Section and
be accompanied by:
(a)
the appropriate fee as set out in the Town's User Fee By-law 163-
2002, as amended from time to time;
(b)
clearance from the Chief Building Official of the Town stating that the
location of the Adult Videotape Store Class "A" or Class "B" meets the
requirements of the Town's Zoning By-law.
(c)
if the applicant is a corporation, a copy of the incorporating document,
a copy of the last annual information return filed, and a list of the
names and home addresses of the directors, shareholders and officers
of the corporation;
(d)
if the applicant is a registered partnership, a list of the names and
home addresses of the partners, and a copy of the registered
declaration of partnership.
8.
A separate application for a license must be made for each of the premises at
which the applicant carries on a business regulated under this By-law.
9.
No individual shall be licensed under this By-law unless the individual is at
least eighteen (18) years of age.
10.
In the event an application is not accepted for licensing, fifty (50) percent of
the fee shall be used to defray the cost to the Town of processing the
application, and fifty (50) percent of the fee shall be returned to the applicant.
11.
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.
GROUNDS FOR REFUSAL TO LICENSE OR RENEW A LICENSE
12.
An applicant whose application meets all the other requirements of this By-
law is entitled to a license or to the renewal of a license except where:
(a)
there are reasonable grounds to believe that any application or other
document provided to the Licensing Section by or on behalf of the
applicant contains a false statement or provides false information; or
(b)
the past or present conduct of the applicant, 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
Page 5 of 15 of By-law No. 53-2003
is made will not be carried on in accordance with the law or with
integrity and honesty; or
(c)
there are reasonable grounds to believe that the applicant does not
meet all requirements of this By-law or any other Town by-law, or that
the business is carried on or intended to be carried on in an area of the
Town where such business is prohibited by this By-law or by any other
Town by-law, or in respect of which the issuing of a license in respect
of the business is not permitted by this By-law; or
(d)
the applicant has failed to pay the fine or fines imposed by a court as a
sentence arising from convictions for breach of a by-law enacted by
the Town; or
(e)
there are reasonable grounds to believe that the building, premises or
place or part thereof in which the business is carried on or is intended
to be carried on does not comply with the provisions of this By-law, or
with any other law or by-law, including any applicable zoning and
building requirements, or is dangerous or unsafe; or
(f)
there are reasonable grounds to believe that the premises or any
equipment, vehicles or other personal property used or kept for hire in
connection with the carrying on of or engaging in the business licensed
hereunder is dangerous or unsafe; or
(g)
the fee payable in respect of the license, or renewal of the license, has
not been paid in accordance with the requirements of this By-law.
REVOCATION, SUSPENSION OF LICENSE
13.
Council may revoke or suspend any license issued under this By-law, upon
any of the grounds set out in section 12 of this By-law, provided that no
license shall be revoked or suspended except after the licensee has been
afforded the opportunity to be heard by the Committee in accordance with this
By-law.
TERMS AND CONDITIONS ON LICENSE
14. (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 Adult Videotape Stores in the
Town of Milton upon such grounds as are set out in section 12 of this
By-law.
Page 6 of 15 of By-law No. 53-2003
OPPORTUNITY TO BE HEARD
15.
Where the 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.
16.
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, 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.
17.
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.
18.
(a)
Where the Licensing Officer receives notice from the applicant/licensee
in accordance with section 17, 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 17, the Licensing Officer or Council need not process the
application further and 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.
Page 7 of 15 of By-law No. 53-2003
19.
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
20.
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 22 of the By-law or may decide
to take no further action with respect to the matter, and no further notice is
required to be served upon the applicant/licensee.
21.
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;
22.
Upon the conclusion of a meeting conducted by the Committee under this By-
law, the Committee shall as soon as practicable:
(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.
23.
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.
TERMS OF LICENSE
24.
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.
Page 8 of 15 of By-law No. 53-2003
25.
A license issued under this By-law is personal to the licensee, and cannot be
transferred, assigned, leased or otherwise disposed of by the licensee.
26.
The rights granted by a license issued under this By-law apply only to the
premises for which the license is issued.
27.
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.
28.
Every Owner licensed as such under this By-law shall, within five (5) days
after selling, leasing or otherwise disposing of the Adult Videotape Store
Class "A" or Class "B" 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.
29.
To renew a license, the licensee shall complete and submit the Town's
required application form 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.
30.
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 an Adult Videotape
Store Class "A" or Class "B", the Owner must 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.
31.
Where a license has been revoked or suspended, the licensee is not entitled
to a refund of the license fee.
32.
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, suspension or revocation thereof.
33.
No person carrying on or engaged in any business or activity 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.
Page 9 of 15 of By-law No. 53-2003
RETURN OF LICENSE UPON REVOCATION OR SUSPENSION
34.
Where a license has been revoked or suspended, the holder of the license
shall return the license to the Licensing Officer within twenty-four (24) hours
of receipt of written notification of the revocation or suspension .
35.
Where the license is not returned within twenty-four (24) hours as set out in
section 34 of this By-law, the Licensing Officer or Municipal Law Enforcement
Officer may enter upon the premises, which is the subject of the license, for
the purpose of receiving or taking the said license and no persons shall
refuse to deliver or in any way obstruct or prevent the Licensing Officer or
Municipal Law Enforcement Officer from obtaining the license.
INSPECTION
36.
An Officer may, at any time of the day or night, enter a premises licensed
under this By-law, 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.
37.
In the course of an inspection under section 36, an Officer, is entitled to
inspect all books of account, vouchers, correspondence and the records of
the licensee being inspected that are relevant to the purpose of the
inspection.
38.
No person may obstruct or hinder at any time of the day or night the entry or
the inspection of an Adult Videotape Store Class "A" or "B" or any part thereof
by an Officer and an Officer may, at any time of the day or night, enter any
Adult Videotape Store Class "A" or "B" to determine whether the By-law is
being complied with and, for this purpose, may make such examinations,
investigations and inquiries as are necessary.
39.
No person shall obstruct an Officer inspecting the licensed premises pursuant
to this By-law, or withhold, destroy, conceal or refuse to furnish any
information or thing required by anOfficer pursuant to this By-law.
NOTICE
40.
Any notice required to be given under this By-law is sufficiently given if
delivered personally or sent by registered mail to the licensee at the address
provided on the license application form.
41.
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 10 of 15 of By-law No. 53-2003
REGULATIONS APPLICABLE TO ADULT VIDEOTAPE STORE CLASS "A" AND
CLASS "B"
42.
Every licensee shall:
(a)
at all times prominently display the license at the licensed premises
and shall produce the license upon request by anOfficer;
(b)
keep the licensed premises in a clean and sanitary condition;
(c)
maintain on the licensed premises, available for inspection by an
Officer, during all business hours, a current list of all Adult Videotapes
available on the premises;
(d)
not make available to the public any Adult Videotapes through
automated vending/dispensing equipment without intervening and
having the age of the person duly verified by the licensee or an
employee of the licensee at the time of any sale, rental or
exchange/trade.
(e)
a licensee shall not play or preview within the Adult Videotape Store
Class "A" or Class "B" any Adult Videotape.
43.
In addition to complying with the Town's Sign By-law No. 146-2002, 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 Adult Videotape Stores Class "A" or "B", as follows:
(a)
a licensee may erect or maintain the following types of signs or other
advertising devices in respect of an Adult Videotape Store Class "A" or
"B": 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 an
Adult Videotape Store Class "A" or "B";
(b)
Every licensee of an Adult Videotape Store Class "A", shall exhibit over
the street door or in the lower front window of the premises in respect
of which such license is issued or in some other conspicuous place on
the exterior of such premises satisfactory to a Licensing Officer, a sign
bearing the words "Licensed Adult Videotape Store".
(c)
no person may circulate, post, distribute or cause to be distributed any
poster, flyer, handbill or other form of printed advertising material, with
respect to an Adult Videotape Store Class "A" or "B", other than in the
Page 11 of 15 of By-law No. 53-2003
interior of an Adult Videotape Store Class "A", 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 and/or specified sexual activities, on exterior signs and
advertisements relating to an Adult Videotape Store Class "A" or "B"
and no such pictorial or symbolic representations shall be permitted on
interior signs and advertisements in Adult Videotape Stores Class "B";
(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 an Adult Videotape Store Class "A", provided the
content of such sign is not visible from the exterior of the Adult
Videotape Store Class "A";
(f)
any sign or advertising device otherwise permitted in respect of an
Adult Videotape Store Class "A" or "B" 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;
(h)
a licensee shall ensure that in his/her Adult Videotape Store Class "A"
or "B", no Adult Videotape, container for an Adult Videotape, or any
visual images are displayed in such a manner as to be visible from
outside the licensed premises;
(i)
a licensee shall ensure that in an Adult Videotape Store Class "B", no
Adult Videotape or container for an Adult Videotape shall be displayed
in a location where it can be seen by persons in the store, unless:
i)
such Adult Videotape or container is in a separate location in such
store to which persons under the age of eighteen (18) years are
not permitted to enter and such Adult Videotape or container is
displayed in a location where it cannot be seen from outside such
area; or
ii) the Adult Videotape or container is stored behind an opaque
barrier located at least 1.5 metres (5 ft.) from floor level.
If not so displayed or offered in accordance with (i) or (ii) of this section,
all Adult Videotapes in an Adult Videotape Store Class "B", shall be
Page 12 of 15 of By-law No. 53-2003
stored behind a counter, out of the view of the public, which counter is
supervised by an employee who is at least 18 years of age.
AGE RESTRICTION
44.
No licensee, or any person working in an Adult Videotape Store Class "A" or
Class "B" shall:
(a)
permit any person under the age of eighteen (18) years to enter or
remain in an Adult Videotape Store Class "A", or allow a person under
the age of eighteen (18) to be within one (1) metre of any Adult
Videotape Area in an Adult Videotape Store Class "B";
(b)
work in an Adult Videotape Store Class "A", or that part of an Adult
Videotape Store Class "B" in which Adult Videotapes are provided,
unless such person is of the age of eighteen (18) years or older;
45.
Every licensee shall post and keep posted at every entrance to any Adult
Videotape Store Class "A" operated by such licensee, and in a prominent
location inside such premises, signs sufficient to indicate clearly to any
person approaching or entering the premises and to every person in the
premises, that no person under the age of eighteen (18) years is permitted to
enter or remain in such premises;
46.
Every licensee of an Adult Videotape Store Class "B" shall affix in a prominent
location inside such store and at every entrance to any Adult Videotape Area,
signs sufficient to indicate clearly to persons in the store that no person under
the age of eighteen (18) years is permitted to enter or remain in such Adult
Videotape Area;
DEFINED AREAS AND LIMITATION ON NUMBERS OF LICENSES
47.
All Adult Videotape Stores Class "A" shall be restricted to locations within the
geographic area or areas designated in the Town's Zoning By-law, and no
Adult Videotape Store Class "A" is permitted to operate in any other area or
areas of the Town.
48.
All Adult Videotape Stores Class "B" shall be restricted to locations within the
geographic area or areas designated in the Town's Zoning By-law, and no
Adult Videotape Store Class "B" is permitted to operate in any other area or
areas of the Town.
49.
The provisions of sections 47 and 48 do not apply so as to prevent the
renewal of a license when the Adult Videotape Store Class "A" or "B" 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 Adult Videotape Store
Page 13 of 15 of By-law No. 53-2003
Class "A" or "B" at that location and has continued to be carried on at that
location, and the Adult Videotape Store Class "A" or "B" is in compliance with
all other applicable laws and all other requirements of this By-law.
50.
A maximum of three (3) Adult Videotape Stores Class "A" or "B" shall be
permitted within the Town of Milton and no licenses shall be issued under this
By-law with respect to any additional Adult Videotape Stores Class "A" or "B".
PENALTY
51.
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.
52.
Notwithstanding section 51, 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.
53.
This By-law shall be administered and enforced by an Officer or Officers.
VALIDITY OF BY-LAW
54.
If a court of competent jurisdiction declares any provision, or part of a
provision of this By-law to be invalid, or to be of no force and effect, it is the
intention of Council in enacting this By-law that each and every other
provision of this By-law authorized by law be applied and enforced in
accordance with its terms to the extent possible according to law.
SHORT TITLE
55.
This By-law may be referred to as the Adult Videotape Licensing By-law.
EFFECTIVE DATE
56.
This By-law shall come into force and effect on the date of final passing.
Page 14 of 15 of By-law No. 53-2003
Page 15 of 15 of By-law No. 53-2003
REPEAL
57.
Bylaw No. 133-2001 is hereby repealed in its entirety.
READ A FIRST, SECOND AND THIRD TIME and finally passed this 28th day of
April, 2003.
"Gordon Krantz" Mayor
Gordon A. Krantz
"Troy McHarg" Clerk
Troy McHarg