This is the exact embedded text of the captured official document.
Snapshot 2bf4b42304da · verified 2026-10-26 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
b)
services in respect of which the word "nude", "naked",
"topless", "bottomless", "sexy" or any other word or any
iii)
female breast below a point immediately above the
top of the areola.
ii)
human buttocks; or
i)
human genitals or human pubic region;
a)
services of which a principal feature or characteristic is the
nudity or partial nudity of any person. For the purposes of
this clause "partial nudity" shall mean the following body
parts are less than completely or are opaquely covered:
(iii)
"Services designed to appeal to erotic or sexual appetites or
inclinations" includes,
(ii)
"Services" includes activities, facilities, performances, exhibitions,
viewings and encounters, but does not include the exhibition of
film approved under the Theatres Act, R.S.O. 1990, c. T. 6;
(i)
"provided" includes to furnish, perform, solicit, or give such
services and "provide", "provides" and "providing" have
corresponding meanings;
When used in relation to "adult entertainment club", the following
definitions shall apply:
"adult entertainment club" means any premises or part thereof in
which is provided, in pursuance of a trade, calling, business or
occupation, services appealing to or designed to appeal to erotic
or sexual appetites or inclinations;
(b)
"adult entertainment parlour" means any premises or part thereof
in which is provided, in pursuance of a trade, calling, business or
occupation, goods or services appealing to or designed to appeal
to erotic or sexual appetites or inclinations;
(a)
In this By-law:
1.
DEFINITIONS
NOW THEREFORE the Council of the Corporation of the Township of Mono
enacts as follows:
AND WHEREAS the Council of the Corporation of the Township of Mono has
deemed it desirable to enact a by-law for the licensing, regulating, governing, classifying
and inspecting adult entertainment parlours and classes thereof;
WHEREAS section 225 of the Municipal Act, R.S.O. 1990 c. M. 45, authorizes
councils of all municipalities to pass by-laws for licensing, regulating, governing,
classifying and inspecting adult entertainment parlours or any class or classes thereof;
A by-law for the licensing, regulating,
governing, classifying and inspecting adult
entertainment parlours.
BY-LAW NUMBER 94 - 33
THE CORPORATION
OF THE TOWNSHIP
OF MONO
(g)
"owner" means a person who alone or with others has a right to
possess or occupy an adult entertainment parlour or actually does
(f)
"Clerk" means the Clerk of the Corporation of the Township of
Mono;
(e)
"Council" means the Council of the Corporation of the Township
of Mono;
(d)
"Township" means the Corporation of the Township of Mono;
(vii)
"videotape" means cinematographic film, videotape and any other
medium from which may be produced visual images that may be
viewed as moving pictures;
actual or simulated sexual intercourse, masturbation,
urination, defecation, ejaculation, sodomy, including
bestiality, anal intercourse, and oral sexual intercourse,
direct physical stimulation of unclothed genital organs, and
flagellation or torture in the context of a sexual relationship
or activity;
(vi)
"specified sexual activities" means one or more of the following:
in
the case of all persons, the
genitals,
pubic
areas and the buttocks;
in
the
case of a
female
person,
her
areolae;
and
(v)
"specified body areas" means any one or more of the following:
(iv)
"provided" means to retail, sell, offer to sell or display for sale, or
to rent, offer to rent or display for rental, whether or not the cost,
fee or other consideration passes at the time of such rental or sale,
or is effected through the cost of membership, subscription,
admission or any other manner and "provide", "provides" and
"providing" have corresponding meanings;
(iii)
"adult magazines" means any magazine appealing to or designed to
appeal to erotic or sexual appetites or inclinations in which the
primary characteristic is the display of nude specified body areas
and/or specified sexual activities, which adult magazines are
deemed to include Playboy, Playgirl, Penthouse, Hustler and any
and all other magazines of a similar nature;
(ii)
"adult sex films" means any videotape classified by the Ontario
Film Review Board, pursuant to the Theatres Act, R.S.0. 1990, c.
T. 6, as an adult sex film;
(i)
"adult goods" include and are limited to adult sex films and/or
adult magazines;
When used in relation to "adult retail store" the following definitions shall
apply:
(c)
"adult retail store" means any premises or part thereof in which
is provided, in pursuance of a trade, calling, business or
occupation, adult goods appealing to or designed to appeal to
erotic or sexual appetites or inclinations;
picture, symbol or representation having like meaning or
implication is used in any advertisement.
-2-
administer the issuance of licences m accordance with the
provisions of this By-law;
(b)
receive and process all applications for licences and renewal of
licences required under this By-law;
(a)
The Clerk shall:
11.
ADMINISTRATION
10.
No adult retail store may operate in any premises in the Township unless
such premises are zoned to permit a retail store as defined in and pursuant to By-law
No. 78-1, as amended, (the Township's comprehensive zoning by-law) or unless such
premises are permitted to operate as a retail store pursuant to Niagara Escarpment
Commission approvals and/or regulations.
9.
No adult entertainment clubs may operate in any premises in the Township
unless such premises are specifically zoned by site specific amendment to permit an
"adult entertainment club" pursuant to By-law No. 78-1, as amended, (the Township's
comprehensive zoning by-law) and in any event shall not be permitted in any residential,
rural, institutional, open space or environmental protection zones pursuant to By-law
No. 78-1, as amended (the Township's comprehensive zoning by-law) and shall not be
permitted in any lands subject to Niagara Escarpment Commission development control.
DEFINED AREAS
No licensee shall be under the age of eighteen years at the date of issuance
8.
of the licence.
7.
Notwithstanding sections 4, 5, 6, and 10, an owner providing 25 adult
magazines or less and who is not providing any other adult goods or adult services may
operate an adult retail store without taking out an adult entertainment parlour licence
provided the owner complies at all times with section 27(6) of this By-law.
6.
No owner shall operate an adult entertainment parlour in the Township
except as permitted under this By-law and pursuant to a licence issued under this By-law.
5.
An owner shall obtain an adult entertainment licence for each and every
adult entertainment parlour owned by the owner in the Township.
4.
There shall be taken out by every owner of an adult entertainment parlour
an adult entertainment licence from the Township authorizing him or her to operate such
a business in the Township.
LICENCE REQUIREMENT/PROHIBITION
3.
For the purposes of this by-law, an owner is deemed to be the operator
of the adult entertainment parlour.
2.
For the purposes of this by-law, an adult entertainment club and an adult
retail store are deemed to be classes of adult entertainment parlours.
DEEMED PROVISIONS
possess or occupy an adult entertainment parlour, and includes a
lessee of an adult entertainment parlour or a premises upon which
an adult entertainment parlour is located;
-3-
(I)
Upon the receipt of an application, the Clerk shall carry out such
investigation or verification relating to the application as he or she may
deem necessary for the purposes of the administration of this By-law and
shall if the investigation or any other information available to the Clerk
discloses no reasonable grounds to believe that the application is not in
compliance with the By-law, or that the applicant may not be entitled to
15.
ISSUANCE OF LICENCES
(2)
The provisions of this by-law relating to an application for a licence shall
apply, with necessary modifications, to an application for the renewal of
a licence or to amend a licence or a condition of such licence.
(1)
If the premises for the adult entertainment parlour are owned by a
corporation or partnership, the attendance required pursuant to section 12
may be undertaken by an individual duly authorized by the applicant
corporation or applicant partnership; and upon furnishing satisfactory
documentation of the above authorization, and proof of age pursuant to
section 13 (b) the application form may be completed and executed by the
aforesaid individual, which execution shall be binding upon the applicant
corporation or applicant partnership, and the individual· completing such
form shall execute the form, certifying the truth and. completeness of the
information provided therein.
14.
(d)
if the applicant is a partnership, a list of the names and home
addresses of the partners, and if a registered partnership, a copy
of the registered declaration of partnership.
(c)
if the applicant is a corporation, a copy of the incorporating
document and 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;
(b)
proof of age by means of producing the original and a copy
thereof to be retained by the Clerk's office, any of the following,
which must contain a photograph of the applicant: an age of
majority card, a valid driver's licence, or a passport;
(a)
the licence fee in cash, money order or certified cheque, which
fee is as set out in Schedule "B11, attached hereto, for every
licence required under this By-law and for the renewal thereof;
13.
The applicant shall, at the time of the filing of the application form
required under section 12 shall deliver to the Clerk's office the following:
12.
Every owner applying for a licence under this By-law shall attend at the
Clerk's office in the Township's offices and shall file with the Clerk's office a duly
completed application form, attached hereto as Schedule "A11-
APPLICATIONS FOR LICENCES
( d)
generally perform administrative functions incidental and
necessary to the due administration and enforcement of this By-
law.
( c)
maintain and keep records of all applications received and
licences issued;
-4-
(t)
the fee payable in respect of the licence applied for has not been
paid.
( e)
there are reasonable grounds for belief that the building, premises
or place in which the business is carried on or intended to be
carried on does not comply with the provisions of this By-law, or
with any other law,
including any applicable building
requirements, or is dangerous or unsafe; or
(d)
there are reasonable grounds for belief that the application does
not meet all the requirements of this By-law, or that the business
is carried on or intended to be carried on in an area of the
Township where such business is prohibited by this By-law from
being carried on, or in respect of which the issuing of a licence
in respect of the business is not permitted by this By-law; or
( c)
there are reasonable grounds for belief that the carrying on of the
said business will result in a breach of this By-law or any other
municipal by-law, including any applicable zoning requirement,
or that the carrying on of the said business would be conducted
without any necessary approvals or permits required from the
Niagara Escarpment Commission; or
(b)
the past or present conduct of the applicant, or of any partner, in
the case of an applicant which is a partnership, or of any director,
shareholder or officer of the corporation, if the applicant is a
corporation, affords reasonable grounds for belief that the business
in respect of which the application is made will not be carried on
in accordance with the law; or
(a)
there are reasonable grounds for belief that any application or
other document provided to the Clerk by or on behalf of the
applicant contains a false statement or provides false information;
or
16.
An applicant for a licence who complies with the provisions of this By-
law is, subject to the provisions of this By-law, entitled to be issued a licence, except
where:
(5)
The decision of Council is final and binding.
(4)
Council may, on request of the applicant, afford the applicant the
opportunity to make representations to Council.
(3)
Council may consider the application for a licence and may, in its sole
discretion, grant or refuse the licence.
(2)
If the investigation or any other information available to the Clerk
discloses reasonable grounds to believe that the applicant may not be
entitled to the issuance of a licence on grounds referred to in this By-law,
or by reason of any other provision of this By-law or other applicable
law, the Clerk shall forthwith cause notice of this fact and the reasons
therefor to be served upon the applicant at the address shown on the
application form, and the Clerk shall refer the matter to Council, for
determination.
the issuance of a licence on the grounds referred to in this By-law or
other applicable law, issue the licence.
-5-
(2)
Where a change has occurred in the name or business name of a licensee,
the licensee shall attend within one week (7 days) of the date of the
change at the Clerk's office of the Township, to have the licence and
licence records amended accordingly.
(1)
Every licensee shall notify the Clerk in writing within one week (7 days)
after the event, of any change in any of the information contained in the
application form.
26.
CHANGES IN INFORMATION
25.
Any notice required to be given under this By-law is sufficiently given if
delivered personally or sent by registered mail addressed to the applicant and/or licensee.
NOTICE
24.
Council hereby authorizes all police officers and municipal by-law
enforcement officers to inspect any adult entertainment parlour which has or is required
to have an adult entertainment parlour licence, or which provides adult goods.
INSPECTIONS AND ENFORCEMENT
23.
Every owner shall post the adult entertainment parlour licence m a
conspicuous place in the adult entertainment parlour.
POSTING OF LICENCE
22.
The rights granted by a licence issued under this By-law apply only to the
location for which the licence is issued.
A licence issued under this By-law is personal to the licensee, and cannot
21.
be transferred.
20.
Every licence issued under this By-law shall expire on December 31 of
the year in which it is issued.
TERMS OF LICENCES
The decision of Council pursuant to sections 1 7 and 18 is final and
19.
binding.
18.
Where the Council concludes that grounds exist upon which a licence may
be refused, suspended or revoked, the Council may in lieu thereof issue a licence for any
period up to a full licence period on probation, or without a term of probation, subject to
such conditions as the Council may impose.
17.
The Council may revoke or suspend any licence issued under this By-law,
upon any of the grounds set out in section 16, provided that no licence shall be revoked
or suspended except after notification has been given to the licensee, and the licensee
afforded an opportunity to make representations to Council.
REVOCATION, SUSPENSION, PROBATION
-6-
(2)
Where a corporation is convicted of an offence under this By-law, the
maximum penalty, exclusive of costs, that may be imposed on the
corporation is $50,000.00, and not as provided in subsection (1 ).
(1)
Every person who contravenes any section of this By-law, and every
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, exclusive of costs, not exceeding $25,000.00.
28.
PENALTY
(iii) signs are posted in a prominent location in the proximity of the
adult magazines stating that access to the adult magazines is
restricted to persons of 18 years of age and older.
(ii)
that the adult magazines are placed behind an opaque barrier of not
less than 15 cm in width; and,
(i)
that the adult magazines are displayed at a height of not less than
1.5 metres above the floor level; and,
(6)
Notwithstanding sections 27(1), (2), (3), (4) and (5) where an adult retail
store does not provide adult sex films and provides adult magazines, in
conjunction with other retail goods but under no circumstances provides
no more than 25 adult magazines, the owner of an adult retail store and
every person working an adult retail store shall ensure:
(5)
Every person working in an adult entertainment parlour shall comply with
all requirements of this By-law relating to section 27(1), (2), (3), (4).
( 4)
Where an adult retail store does not exclusively provide adult goods, but
provides adult goods in conjunction with other retail goods, the owner of
an adult retail store and every person working in an adult retail store shall
ensure that no adult goods, or container for such adult goods, shall be
displayed in a location where the adult goods can be seen by persons in
the store, unless such adult goods or container for such adult goods are
in a separate location in such store to which location persons under the
age of eighteen years are not permitted to enter, and such adult goods or
container for such adult goods are displayed in a location where they
cannot be seen from outside such area.
(3)
Every owner of an adult retail store and every person working in an adult
retail store shall ensure that no adult goods or container for such adult
goods are visible from outside . the premises.
(2)
Every owner of an adult entertainment parlour shall affix in a prominent
location at every entrance to the adult entertainment parlour a sign or
signs sufficient to indicate clearly to persons entering the adult
entertainment parlour, that no person under the age of eighteen years is
permitted to enter or remain in any adult entertainment parlour in
accordance with this By-law.
(1)
No owner of an adult entertainment parlour shall permit any person under
the age of eighteen years to enter or remain in any adult entertainment
parlour.
27.
RESTRICTED ACCESS, SIGNAGE AND DISPLAY
-7-
BY-LAW READ A THIRD TIME AND PASSED this 4 dayofNovember, 1994.
BY-LAW READ A FIRST AND SECOND TIME this 4day of November, 1994.
(2)
No adult entertainment parlour shall be required to be licensed under this
By-law until January 1, 1995.
(1)
Subject to subsection (2), this by-law shall come into force and effect on
November
, 1994.
33.
EFFECTIVE DATE
This by-law may be referred to as the Adult Entertainment By-law.
32.
SHORT TITLE
Schedules "A" and "B" form part of this By-law.
31.
SCHEDULES
30.
If a Court of competent jurisdiction declares any section, or any part of
a section, of this By-law to be invalid, or to be of no force and effect, it is hereby
declared that the impugned section shall be severable and distinct from the remainder of
this By-law and the remainder of the By-law shall remain in full force and effect.
VALIDITY
29.
In the event of any conflicts between the provisions of this By-law and
any other general or special by-law, the provisions of this By-law shall prevail.
CONFLICTS
-8-
Approved to Issue Licence:
Date Issued:
FOR OFFICE USE ONL V:
The applicant shall be permitted to have his or her application considered by Township
Council, upon giving the Clerk proper notice of his or her intention to have Township Council
consider the application.
If there are any adverse comments, resulting in the Clerk not issuing the licence, the applicant
shall receive a written notice of the adverse comments.
The Director of Planning and Chief Building Official shall provide his/her comments about this
application. The Director of Planning or the Clerk may request comments from the Niagara
Escarpment Commission, if the premises are located in lands subject to Niagara Escarpment
Commission development control, approvals, or regulations.
Notice to the Appllcant:
Signature of Applicant
In addition, I consent that the above personal information may be disclosed for law
enforcement purposes under the Municipal Freedom of Information and Protection of Privacy
Act, R.S.O. 1990, c. M.56.
I hereby certify with my signature that the answers to the above questions are true.
BUSINESS NAME TO BE USED BY THE ADULT ENTERTAINMENT PARLOUR:
BUSINESS:
_
HOME TELEPHONE NO.: -------
DATE OF BIRTH:
APPLICATION DATE:
_
NEW\RENEWAL:
OWNER1S NAME: ----------------------
APPLICATION FOR LICENCE
ADULT ENTERTAINMENT PARLOUR - OWNER
TOWNSHIP OF MONO
SCHEDULE "A"
December 31
Expiration Date
$250.00
Adult Entertainment
Parlour Owner
Fee
Licence Type
The following licence fees shall be paid to the Township:
Licence Fees
SCHEDULE "B"