Licence - Adult Entertainment Parlour, Municipal Code Chapter 829 (By-law 190-05)

Richmond Hill, Ontario · No. 829 · adopted 2005-12-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot e049d1f5eb5d · verified 2026-10-25 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Licence---Adult-Entertainment-Parlour.pdf" municipality_ids: - gx-001731 content_type: "application/pdf" captured_at: "2026-10-15T21:20:24+00:00" normalize_method: "pdf-pymupdf" normalize_version: "0.2" needs_ocr: false char_count: 83660 --- LICENCE Chapter 829 ADULT ENTERTAINMENT PARLOUR CHAPTER INDEX Article 1 INTERPRETATION 829.1.1 Adult entertainment parlour - defined 829.1.2 Adult entertainment parlour - licensed - defined 829.1.3 Adult entertainment parlour operator's licence - defined 829.1.4 Adult entertainment parlour owner's licence - defined 829.1.5 Applicant - defined 829.1.6 Body-rub - defined 829.1.7 Body-rub parlour - defined 829.1.8 Business - defined 829.1.9 Commissioner - defined 829.1.10 Council - defined 829.1.11 Drugs - defined 829.1.12 Entertainer - defined 829.1.13 Him or her - defined 829.1.14 Licence - defined 829.1.15 Licence Hearings Committee - defined 829.1.16 Licensed - defined 829.1.17 Licensing Officer - defined 829.1.18 Licensing Section - defined 829.1.19 Medical Officer of Health - defined 829.1.20 Operator - defined RICHMOND HILL 829.1 FEBRUARY 2006 829.1.21 Owner - defined 829.1.22 Person - defined 829.1.23 Services - defined 829.1.24 Services - erotic - sexual - defined 829.1.25 To provide - services - defined 829.1.26 Town - defined Article 2 REQUIREMENT FOR LICENCE 829.2.1 Owner - to obtain licence 829.2.2 Operator - to obtain licence 829.2.3 Entertainer - to obtain licence 829.2.4 Licence - application refused - changed circumstances 829.2.5 Sale - lease - other disposition - notice 829.2.6 Licence - transfer - prohibited 829.2.7 Licence - privilege - property of Town 829.2.8 Licence - expiry - December 31 - exceptions 829.2.9 Licence - transfer - prohibited 829.2.10 Business - operation - under licensed name 829.2.11 Owner - licence - location - stated 829.2.12 Operator - licence - location - stated 829.2.13 Entertainer - licence - location - stated 829.2.14 Operation - defined area - set out 829.2.15 Owner - licence - maximum - two - within area 829.2.16 Facts - misrepresentation of - deemed violation 829.2.17 Compliance - applicable provisions - all persons Article 3 LICENCE - APPLICATION 829.3.1 Form - prescribed - completed - information - provided ADULT ENTERTAINMENT PARLOUR FEBRUARY 2006 829.2 RICHMOND HILL 829.3.2 Information - required 829.3.3 Applicant - photographed - by Licensing Officer 829.3.4 Fee - paid - prior to issue of licence 829.3.5 Application - fee - acceptance - not approval 829.3.6 Application - circulation - officials - report 829.3.7 Application report - procedure 829.3.8 Licensing Officer - authority to issue licence 829.3.9 Applicant - in partnership - statutory declaration 829.3.10 Applicant - in partnership - corporation - procedure 829.3.11 Applicant - corporation - information - required 829.3.12 Shareholder - corporation 829.3.13 Premises - applicant's right to occupy Article 4 CHANGE OF STATUS 829.4.1 Reported - within five days 829.4.2 Partnership - corporation - approval requirements Article 5 REGULATIONS 829.5.1 Operator - entertainer - unlicensed - owner not to permit 829.5.2 Owner - entertainer - unlicensed - prohibited to operate 829.5.3 Owner - operator - list of operators and entertainers 829.5.4 Operation - location endorsed on licence - only 829.5.5 Contract - between owner - operator - requirements 829.5.6 Contract - information requirements - written 829.5.7 Contract - available for inspection 829.5.8 Contract - failure to obtain - record information 829.5.9 Sign - posted - exterior - licence number - other 829.5.10 Licence - posted - conspicuous - on premises ADULT ENTERTAINMENT PARLOUR RICHMOND HILL 829.3 FEBRUARY 2006 829.5.11 Licensee - information provided - upon request 829.5.12 Service - provided - in contravention - prohibited 829.5.13 Intoxicated person - admittance - prohibited 829.5.14 Owner - operator - in attendance - business hours 829.5.15 Alcohol - drugs - use - possession - prohibited 829.5.16 First-aid kit - provided - maintained 829.5.17 Attire - cleanliness - behaviour - owner - operator 829.5.18 Photographic - recording equipment - use - restricted 829.5.19 Owner - operator - when deemed not in attendance 829.5.20 Sign - advertisement - removal - cessation - on order 829.5.21 Sign - advertisement - exterior - approval - required 829.5.22 Owner - operator - physical contact - prohibited 829.5.23 Entertainer - physical contact - prohibited 829.5.24 Stage restrictions - requirements 829.5.25 Services - to be provided within view of main stage 829.5.26 Entertainer - services provided - accessible area only 829.5.27 Body rubs - related services - prohibited 829.5.28 Lap dancing - related services - prohibited 829.5.29 Ventilation - lighting - adequate - uniform 829.5.30 Sign - entry prohibited - under eighteen years 829.5.31 General regulations - copy - provided Article 6 FACILITIES - PREMISES 829.6.1 Owner - operator - compliance - required 829.6.2 Light - ventilation - adequate - required 829.6.3 Premises - fixtures - equipment - washed - sanitary 829.6.4 Utility sink - effective - required 829.6.5 Toilet - washroom - accommodation - males - females ADULT ENTERTAINMENT PARLOUR FEBRUARY 2006 829.4 RICHMOND HILL 829.6.6 Washroom - equipped - requirements 829.6.7 Washroom facilities - domestic use - restriction 829.6.8 Shower - sauna baths - requirements 829.6.9 Sleeping purposes - use - furniture - prohibited 829.6.10 Door - access - unlocked - available Article 7 AGE RESTRICTION 829.7.1 Owner - operator - entertainer - minimum age 829.7.2 Operator - entertainer - under eighteen - responsibility 829.7.3 Patron - under eighteen - services to - prohibited 829.7.4 Patron - under eighteen - entry - prohibited 829.7.5 Records - proof of age - provided on request 829.7.6 Proof of age - carried at all times 829.7.7 Proof of age - provided on request 829.7.8 Proof of age - legal name Article 8 AGREEMENTS - OTHER DOCUMENTATION 829.8.1 Owner - operator - pertaining to operation - in writing 829.8.2 Entertainer - provision of services - in writing 829.8.3 Information - requirements - all documents 829.8.4 All documents - copies filed with Licensing Officer 829.8.5 Agreements- documents- leases- filed - Licensing Officer 829.8.6 Partnership - statutory declaration - requirement 829.8.7 Partnership as corporation - requirements 829.8.8 Corporation - documentation - information requirements 829.8.9 Additional information - interview - each individual 829.8.10 Additional direction - from Council 829.8.11 Investigation - inquiry - interview - permitted ADULT ENTERTAINMENT PARLOUR RICHMOND HILL 829.5 FEBRUARY 2006 829.8.12 Additional requirements - administrative matters 829.8.13 Corporation complete disclosure - all related entities Article 9 REPORT TO COUNCIL 829.9.1 Applicant request for consideration Article 10 LICENCE NON-TRANSFERABLE WITHOUT COUNCIL APPROVAL 829.10.1 Licence not transferable Article 11 GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE 829.11.1 Licence - entitlement 829.11.2 Licence refused - financial position 829.11.3 Licence refused - past conduct of applicant 829.11.4 Licence refused - contrary to public interest 829.11.5 Licencerefused - activitiesin contravention of thisChapter 829.11.6 Licence refused - use of premises 829.11.7 Licence refused - applicant provides false information 829.11.8 Licence refused - information provided - accuracy 829.11.9 Licence refused -fee not paid 829.11.10 Licence refused - applicant - non-compliant 829.11.11 Licence refused - applicant is corporation or partnership 829.11.12 Conduct - applicant Article 12 COUNCIL'S POWER TO REFUSE TO ISSUE OR TO RENEW A LICENCE 829.12.1 Council - authority ADULT ENTERTAINMENT PARLOUR FEBRUARY 2006 829.6 RICHMOND HILL Article 13 REFUND OF FEE ON REFUSAL TO ISSUE OR RENEW A LICENCE 829.13.1 Licence not issued - refund of fee Article 14 ISSUANCE OF A LICENCE ON TERMS AND CONDITIONS 829.14.1 Licence issued - terms and conditions 829.14.2 Compliance - condition of licence Article 15 COUNCIL'S POWER TO REVOKE OR SUSPEND A LICENCE 829.15.1 Licence revoked or suspended Article 16 REFUND OF FEE ON REVOCATION OF A LICENCE 829.16.1 Licence revoked - refund of fee 829.16.2 Refund of fee - not applicable Article 17 CANCELLATION OF A LICENCE 829.17.1 Licence - cancelled Article 18 APPEALS TO THE LICENCE HEARINGS COMMITTEE 829.18.1 Licence refused - recommendation to Council 829.18.2 Refusal to issue or renew licence - written notice 829.18.3 Written notice - contents Article 19 NOTICE OF HEARING 829.19.1 Notice of hearing ADULT ENTERTAINMENT PARLOUR RICHMOND HILL 829.7 FEBRUARY 2006 Article 20 SERVICE OF WRITTEN NOTICE 829.20.1 Written notice - service 829.20.2 Written notice - service - via registered or certified mail Article 21 HEARING BEFORE THE LICENCE HEARINGS COMMITTEE 829.21.1 Licence Hearings Committee - applicant does not attend 829.21.2 Recommendation to Council 829.21.3 Licence - conditions Article 22 COUNCIL AUTHORITY AFTER THE HEARING 829.22.1 Council - recommendation of Licence Hearing Committee Article 23 RETURN OF THE LICENCE AFTER REVOCATION OR SUSPENSION 829.23.1 Licence revoked - suspended - returned 829.23.2 Licence revoked - Licensing Officer to obtain licence Article 24 TRANSITION 829.24.1 By-law - previous Article 25 SEVERABILITY 829.25.1 Validity Article 26 ENFORCEMENT 829.26.1 Fine - for contravention 829.26.2 Fine - for contravention - corporation 829.26.3 Application of Chapter ADULT ENTERTAINMENT PARLOUR FEBRUARY 2006 829.8 RICHMOND HILL 829.26.4 Administration - enforcement 829.26.5 Obstruction - offence Article 27 REPEAL - ENACTMENT 829.27.1 By-law - previous SCHEDULE Schedule 'A' - Operation - defined area -------- WHEREAS section 150 of the Municipal Act, 2001, c. 25 authorizes the Council of the Town of RichmondHillto pass by-laws for licensing, regu- latingand governing of any business wholly or partlycarried on within the municipality; AND WHEREAS the Town of Richmond Hill deems it advisable to enact a by-law to license, regulate and govern Adult Entertainment Parlours - Subcategory - Adult Entertainment Establishments; AND WHEREAS purposes of consumer protection will be served by this by-law through: - the establishment of a well-administered licensing and reg- ulatory system governing businesses to which the by-law relates; - the requirement of accountability of licensees through the disclosure of information, the requirement for regular re- newals and the ensuring of proper conduct; - ensuring that minors are not employed or permitted in this category of business; AND WHEREAS purposes of health and safety will be served by this by-law through: - prevention of the transmission of disease through bodily contact; ADULT ENTERTAINMENT PARLOUR RICHMOND HILL 829.9 JULY 2011 AND WHEREAS purposes of nuisance control will be served by this by-law through: - the limitation of the number of Adult Entertainment Estab- lishments - Subcategory - Adult Entertainment Parlours and the geographic area in which they may be located; AND WHEREAS Council at its meeting of December 12, 2005 adopted the recommendations of the Committeeof the Whole at its meeting of No- vember 30, 2005 in SRPD.05.183; AND WHEREAS a public meeting was held in accordance with section 150 of the Municipal Act, 2001, c. 25 on November 30, 2005; AND WHEREAS notice of the intention to pass this by-law was given on November 15, 2005 in accordance with the provisions of Chapter 278 of the Town of Richmond Hill Municipal Code - Public Notice. Article 1 INTERPRETATION 829.1.1 Adult entertainment parlour - defined "adult entertainmentparlour" meansany premisesor part thereof in which is provided, in pursuance of a trade, calling, business or occupation, ser- vices appealing to or designed to appeal to erotic or sexual appetites or inclinations. 829.1.2 Adult entertainment parlour - licensed - defined "adult entertainment parlour licensed under the Liquor Licence Act" means any premises or part thereof in respect of which a licence or permit has been issued and is in full force and effect pursuant to the provisions of the Liquor Licence Act, at which is offered services appealing to or de- signed to appeal to erotic or sexual appetites or inclinations. 829.1.3 Adult entertainment parlour operator's licence - defined "adult entertainment parlour operator's licence" means a valid and sub- sisting licence, issued under this Chapter to an operator as defined in this Article. 829.1.4 Adult entertainment parlour owner's licence - defined "adult entertainment parlour owner's licence" means a valid and subsist- ing licence, issued under this Chapter to an owner as defined in this Arti- cle. 829.1.5 Applicant - defined "applicant" means a person applying for a licence under this Chapter. 829.1.1 ADULT ENTERTAINMENT PARLOUR 829.1.5 JULY 2011 829.10 RICHMOND HILL 829.1.6 Body-rub - defined "body-rub" includes the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person's body or part thereof, but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of theProvinceofOntario. 829.1.7 Body-rub parlour - defined "body-rub parlour" includes any premises or part thereof where a body-rub is performed, offered or solicited in pursuance of a trade, call- ing,business,oroccupation. 829.1.8 Business - defined "business" includes a trade or occupation. By-law 190-05, 12 December, 2005. 829.1.9 Commissioner - defined "Commissioner" means the Commissioner of Community Services of The Corporation of the Town of Richmond Hill. By-law 145-08, 14 July, 2008. By-law 89-19, 11 June, 2019. 829.1.10 Council - defined "Council" means the Council of The Corporation of the Town of Rich- mond Hill, and with respect to the holding of hearings or any hearing, in- cludes, as the context allows, a committee under section 252 of the Municipal Act, 2001, c. 25 authorized to hold any such hearing or hearings. 829.1.11 Drugs - defined "drugs" shall be deemed to exclude patent medicines and prescription drugs required for medicinal purposes. 829.1.12 Entertainer - defined "entertainer" means an individual person who provides services designed to appeal to erotic or sexual appetites or inclinations at an adult entertain- ment parlour, but does not mean the persons who are the licensed owner or the licensed operator, unless such person is an individual who physically provides such services. 829.1.13 Him or her - defined "he or she" includes "it" and "him" and "her" include "its" and "his or her" includes "its." 829.1.14 Licence - defined "licence" means authorization under this Chapter to carry on the trade or business specified therein and the document providing evidence of such authority, as the context may allow. 829.1.6 ADULT ENTERTAINMENT PARLOUR 829.1.14 RICHMOND HILL 829.11 OCTOBER 2008 829.1.15 Licence Hearings Committee "Licence Hearings Committee" means a Committee of Council duly ap- pointed to conduct hearings under this Chapter. 829.1.16 Licensed - defined "licensed" means licensed under this Chapter. By-law 190-05, 12 Decem- ber, 2005. 829.1.17 Licensing Officer - defined "Licensing Officer" means a person appointed by the Commissionerfrom time to time to issue licences. By-law 145-08, 14 July, 2008. 829.1.18 Licensing Section - defined "Licensing Section" means the Licensing Section of the Planning and De- velopment Department. 829.1.19 Medical Officer of Health - defined "Medical Officer of Health" means the Medical Officer of Health for the Regional Municipality of York and includes any staff official acting on his or her behalf. 829.1.20 Operator - defined "operator" means a person who alone or with others operates, manages, supervises, runs or directs an adult entertainment parlour, on an ongoing basis or from time to time, or who exercises control over an adult enter- tainment parlour on behalf of the owner. 829.1.21 Owner - defined "owner" means a person who alone or with others has the right to possess or occupy an adult entertainment parlour or actually does possess or oc- cupy an adult entertainment parlour and includes a lessee of an adult en- tertainment parlour or premises upon which an adult entertainment parlour is located, and includes an owner who operates his or her own adult entertainment parlour and, in the absence of evidence to the con- trary, includes the owner of any property or building upon or in which an adult entertainment parlour is located. 829.1.22 Person - defined "person" means an individual, firm, corporation, association or partner- ship. 829.1.23 Services - defined "services" means services designed to appeal to erotic or sexual appetites or inclinations and includes activities, facilities, performances, exhibi- tions, viewings and encounters but does not include the exhibition of film approved under the Theatres Act. 829.1.15 ADULT ENTERTAINMENT PARLOUR 829.1.23 OCTOBER 2008 829.12 RICHMOND HILL 829.1.24 Services - erotic - sexual - defined "services designed to appeal to erotic or sexual appetites or inclinations" means: (a) services of which a principal feature or characteristic is the nudity or partial nudity of any person, or an emphasis on the display of human specified body areas; (b) services characterized by a person or persons involved or en- gaging in specified sexual activities; or (c) services in respect of which the word "nude", "naked", "top- less", "bottomless", "sexy" or any other word or any picture, symbol or representation having like meaning or implication, is used in any advertisement, or in respect of which is adver- tised the availability of any form of entertainment held out to be, by reason of its sexual content, not suitable for minors. 829.1.25 To provide - services - defined "to provide" when used in relation to services includes to furnish, per- form, or give such services or cause or permit the provision thereof, and "providing" and "provision" have corresponding meanings. 829.1.26 Town - defined "Town" means The Corporation of the Town of Richmond Hill in the Re- gional Municipality of York. Article 2 REQUIREMENT FOR LICENCE 829.2.1 Owner - to obtain licence There shall be taken out by every owner of an adult entertainment parlour situate within the geographic limits of the Town, a licence authorizing the owner to carry on such trade, calling, business or occupation in the Town and no person shall, within the geographic limits of the Town, carry on or engage in the said trade, calling, business or occupation until the person has procured a licence to do so and such licence shall be known as an adult entertainment owner's licence. 829.2.2 Operator - to obtain licence There shall be taken out by every operator of an adult entertainment parlour situate within the geographic limits of the Town, a licence autho- rizing the operator to carry on such trade, calling, business or occupation in the Town and no person shall, within the geographic limitsof the Town, carry on or engage in the said trade, calling, business or occupation until the person has procured a licence to do so and such licence shall be known as an adult entertainment operator's licence. 829.1.24 ADULT ENTERTAINMENT PARLOUR 829.2.2 RICHMOND HILL 829.13 FEBRUARY 2006 829.2.3 Entertainer - to obtain licence There shall be taken out by every entertainer at an adult entertainment parlour situate within the geographic limits of the Town, a licence autho- rizing the entertainer to carry on such trade, calling, business or occupa- tion in the Town and no person shall, within the geographic limits of the Town, carry on or engage in the said trade, calling, business or occupation until the person has procured a licence to do so and such licence shall be known as an adult entertainment entertainer's licence. 829.2.4 Licence - application refused - changed circumstances A person whose licence has been revoked, or whose application for a licence is refused, may, if the circumstances which led to the refusal or re- vocation have been remediedor changed, or otherwise no longer exist, ap- ply to the Town within what would have been the term of the licence had it been issued or allowed to continue. 829.2.5 Sale - lease - other disposition - notice Every owner licensed as such under this Chapter shall, within five days af- ter selling, leasing or otherwise disposing of the adult entertainment parlour in respect of which the licence has been issued, or after ceasing to carry on the business, notify the Licensing Officer in writing of such fact and surrender the licence. 829.2.6 Licence - transfer - prohibited Every licence is personal to the person to whom it was issued, and cannot be transferred or assigned to any other person. 829.2.7 Licence - privilege - property of Town No person shall enjoy a vested right in the continuance or renewal of a licence and the value of a licence shall be the property of the Town and shall remain so irrespective of the issue, renewal or revocation thereof. 829.2.8 Licence - expiry - December 31 - exceptions The term of every licence shall commence upon the date that it is issued, and expire on December 31 of that year, but the Council may decide to is- sue a licence for a shorter or longer term than one year, provided that each annual and other fee required as set out in Chapter 684 [Tariff of Fees] to be paid has been paid within the time limits prescribed, and provided that the licence has not been revoked or otherwise ceased to be valid and sub- sisting during such period. 829.2.9 Licence - transfer - prohibited No licence shall be transferred or assigned, and if an owner sells, leases or otherwise disposes of his or her adult entertainment parlour or the pre- mises or part thereof upon or in which an adult entertainment parlour is operated, to any person, his or her licence in respect of such adult enter- tainment parlour or premises shall, despite any other provision of this Chapter, cease to be valid and subsisting. 829.2.3 ADULT ENTERTAINMENT PARLOUR 829.2.9 FEBRUARY 2006 829.14 RICHMOND HILL 829.2.10 Business - operation - under licensed name No person licensed to carry on business under this Chapter shall advertise or promote or carry on such business under any name other than the busi- ness name endorsed upon the licence. 829.2.11 Owner - licence - location - stated Every adult entertainment owner's licence shall have endorsed thereon the location of such adult entertainment parlour and such endorsement shall be for one location only and such licence shall be valid only for the location endorsed thereon. 829.2.12 Operator - licence - location - stated Every adult entertainment operator's licence shall have endorsed thereon the location and the name of the adult entertainment parlour with respect to which it is issued and such endorsement shall be for one location only and such licence shall be valid only for the location and the adult enter- tainment parlour endorsed on such licence. 829.2.13 Entertainer - licence - location - stated Every adult entertainment entertainer's licence shall have endorsed thereon the location and the name of the adult entertainment parlour with respect to which it is issued and such endorsement shall be for one loca- tion only and such licence shall be valid only for the location and the adult entertainment parlour endorsed on such licence. 829.2.14 Operation - defined area - set out No person shall operate or permit to be operated an adult entertainment parlour within the geographic limitsof the Town except in the area shown, by shading, within the Enford Road Industrial Area on the map marked as Schedule 'A', which forms part of this Chapter. 829.2.15 Owner - licence - maximum - two - within area The number of adult entertainment owner's licences which may be granted by the Council in respect of adult entertainment parlours in the area referred to in Section 829.2.14 shall be limited to two, and no such licence may be granted in respect of any other area in the Town. 829.2.16 Facts - misrepresentation of - deemed violation No person carrying on or engaged in any business or activity to which this Chapter 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 Chapter, to the Council, any committeeof Council, the Clerk of the Town, the Licensing Officer, a By-law Enforcement Officer , the Medical Officer of Health, a public health inspector or a peace officer, and the making of such a false or inten- tionally misleading recital of fact, statement or representation constitutes an offence. 829.2.10 ADULT ENTERTAINMENT PARLOUR 829.2.16 RICHMOND HILL 829.15 FEBRUARY 2006 829.2.17 Compliance - applicable provisions - all persons Every person shall comply with the provisions of this Chapter applicable to such person, whether or not such person is licensed or required to be li- censed under this Chapter or any law, and every applicant and every other person licensed or required to be licensed under this Chapter shall comply with every provision, regulation and requirement contained in this Chap- ter relating to such person and such business, whether or not such person is licensed or whether or not a licence issued to such person is valid and subsisting. Article 3 LICENCE - APPLICATION 829.3.1 Form - prescribed - completed - information - provided Every applicant for a licence to which this Chapter relates, shall appear in person at the offices of the Licensing Section and shall complete the pre- scribed forms and provide all information requested thereon, and shall furnish to the Licensing Officer such information as the Council may di- rect or the Licensing Officer may require and in the case of an adult enter- tainment parlour owned or operated by a partnership such appearance shall be made by one of the partners, provided the application shall be signed by all of the partners, and in the case of an adult entertainment parlour owned or operated by a corporation such appearance shall be made by an officer of the corporation. 829.3.2 Information - required The information shall include but not be limited to the following: (a) whether it is intended that adult entertainment be provided by entertainers in attendance at the premises, and if so, how many; (b) the name of every proposed operator, and an application by such person for an operator's licence; (c) a precise description of the real property upon which the busi- ness 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; working drawings of the physical premises with details of any stage, doors, walls, seating areas, partitions; and all relevant data pertaining to the nature of the business to be carried on, including the type of adult entertain- ment to be advertised and offered, and at what prices for what services; (d) confirmation that the premises comply with all Building Code requirements and all requirements of Town by-laws relating to the physical construction of the premises; 829.2.17 ADULT ENTERTAINMENT PARLOUR 829.3.2 FEBRUARY 2006 829.16 RICHMOND HILL (e) information as to whether or not all or any part of the premises in which the adult entertainment would be offered are or are intended to be licensed under the Liquor Licence Act, or the subject matter of an application for such a licence; (f) the identity of all persons or entities having an interest, direct or indirect, any trust arrangement, or any financial or contrac- tual or understood arrangement, with respect to the ownership or operation of the premises or the adult entertainment parlour; (g) the identity of every person having a beneficial interest, di- rectly or indirectly, in the premises or in the business to be car- ried on to which this Chapter relates and every person having a right to receive or who will receive, income, revenue or bene- fits of any kind arising out of the operation of such premises or business, and any person who in fact receives such income, revenue or benefit; (h) a record of all offences, other than offences relating to motor vehicles, under any by-law, provincial statute or federal stat- ute in respect of which the applicant, any of the partners, if the applicant is a partnership, and any of the directors, sharehold- ers and officers of a corporation, if the applicant is a corpora- tion, has or have been convicted; and (i) the intended hours of operation of the business. 829.3.3 Applicant - photographed - by Licensing Officer Every applicant for an adult entertainment owner's licence, where such applicant is a natural individual, and every applicant for an adult enter- tainment operator's licence shall provide two passport-sized photo- graphs, which must be taken within thirty days prior to the licence application. Where such applicant for an adult entertainment owner's licence is a corporation, such photograph shall be taken of an officer of the corporation. Where such applicant for an adult entertainment owner's licence is a partnership, such photographs shall be taken of one of the partners. 829.3.4 Fee - paid - prior to issue of licence At the time of submission of their application, and on or by January 1 of each year thereafter in which the licence continues or is renewed, every applicant and licensee shall pay to the Town the annual fee set forth in Chapter 684 [Tariff of Fees], provided such fee shall not be reduced in the event thatthe period for which the licenceisgranted islessthan one year. 829.3.3 ADULT ENTERTAINMENT PARLOUR 829.3.4 RICHMOND HILL 829.17 FEBRUARY 2006 829.3.5 Application - fee - acceptance - not approval Acceptance of the application or the licence fee by the Town shall not rep- resent approval of the application for the issuance of a licence nor shall it obligate the Town to issue such licence. 829.3.6 Application - circulation - officials - report Without limiting the generality of any other provision in this Chapter, the Licensing Officer, upon receiving an application completed in accor- dance with the requirements of this Chapter: (a) shall submit a copy of the application to the Medical Officer of Health and to the York Region Police Department for a report; (b) may submit a copy of the application to any other government official or functionary for a report; (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; and (d) shall in respect of an application for an owner's or operator's licence after receipt and review of reports, document or infor- mation, necessary to constitute a complete application includ- ing responses to all questions and information sought in accordance with this Chapter, refer the application to the Licence Hearings Committee duly appointed to hear such ap- plication, for a hearing, and the applicant shall be given a copy of any report, document or information to be placed before the Committee, together with a notice of time and place of the hearing and of the applicant's opportunity to appear and participate at the hearing, in accordance with law. 829.3.7 Application report - procedure The Licensing Officer shall prepare a report to the Licence Hearings Committee summarizing the general nature of the application and rele- vant facts pertaining thereto, including any information relevant to terms which the Committee might consider including as conditions of any licence which it might issue, but shall not include any specific allegations made against the applicant or any other person, nor shall it include the text of any reports or other documents containing such allegations or informa- tion adverse to the applicant, but the general nature of such allegations or documents may be referred to in the report. 829.3.5 ADULT ENTERTAINMENT PARLOUR 829.3.7 FEBRUARY 2006 829.18 RICHMOND HILL 829.3.8 Licensing Officer - authority to issue licence The Licensing Officer may, following receipt of a complete application form for an entertainer's licence, and after complying with the require- ments of this Chapter, issue the licence in the absence of reasonable grounds to believe that grounds exist under this Chapter for the refusal or revocation of such a licence, in which case he or she shall refer the matter to Council for a hearing, in which case the provisions of this Chapter relat- ing to hearings of applications for owners' or operators' licences shall apply. 829.3.9 Applicant - in partnership - statutory declaration Without limitingthe generality of any other provision in this Chapter, per- sons associated in a partnership applying for a licence under this Chapter shall file with their application a statutory declaration, in writing signed by all members of the partnership, which declaration shall state: (a) the full name of every partner and the address of his or her or- dinary 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. 829.3.10 Applicant - in partnership - corporation - procedure If any member of a partnership applying for a licence is a corporation, such corporation shall be deemed to be a corporation applying for a licence and if such licence is issued to the partners such corporation shall be deemed to be a corporation applying for or holding an owner's or oper- ator's licence, as the case may be. 829.3.11 Applicant - corporation - information - required Without limiting the generality of any other provision in this Chapter, ev- ery corporation applying for a licence shall file with the Licensing Offi- cer, at the time of making its application, copies of its articles of incorporation or other incorporating document and all contracts, and other documents relating to the relationship between the owner and opera- tor of the parlour, and with respect to the relationship between the owner or operator and any entertainer who will be providing entertainment in the premises and shall file with the Town a statutory declaration, in writing, signed by an officer of the corporation, which declaration shall state: (a) the full name of every shareholder and the address of his or her ordinary residence; 829.3.8 ADULT ENTERTAINMENT PARLOUR 829.3.11 RICHMOND HILL 829.19 FEBRUARY 2006 (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, agents, directors and employees, and those of the owner of the property on which the business is to be conducted. 829.3.12 Shareholder - corporation If any shareholder of a corporate applicant or licensee is a corporation, such corporation shall be deemed to be a corporation applying for or hold- ing a licence, as the case may be, and so on until the information required by Section 829.3.12 relating to every corporation having any interest in the adult entertainment parlour or the operation of its business, has been disclosed. 829.3.13 Premises - applicant's right to occupy Every person applying for a licence under this Chapter shall file with the Licensing Officer documentation satisfactory to the Licensing Officer demonstrating the applicant's right to possess or occupy the premises, and if any applicant is not the registered owner of the property at which the adult entertainment 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 relation- ship between the applicant and the registered owner, relating to the said property. Article 4 CHANGE OF STATUS 829.4.1 Reported - within five days Where there is or is intended to be any change in any of the particulars re- lating to a person licensed under this Chapter, which particulars are re- quired to be filed with the Town in an application for a licence under this Chapter, such person shall report the change in writing to the Licensing Officer within five days of the change. 829.3.12 ADULT ENTERTAINMENT PARLOUR 829.4.1 FEBRUARY 2006 829.20 RICHMOND HILL 829.4.2 Partnership - corporation - approval requirements Where a partnership or corporation is licensed under this Chapter and there has been or is intended or expected to be a change in the composition of the partnership or the shareholders, officers or directors of the corpora- tion, the persons licensed under this Chapter in partnership or as a corpo- ration shall within five days advise the Town of such change. Where the Council receives information of a change in the composition of a partner- ship or corporation holding or applying for a licence, the Council may hold a hearing in accordance with this Chapter and other applicable law to decide whether the licence should be granted, continued as valid and sub- sisting or revoked, with or without such conditions as the Council maysee fit to impose, in accordance with law. Article 5 REGULATIONS 829.5.1 Operator - entertainer - unlicensed - owner not to permit No owner shall permit any person other than a licensed operator and a li- censed entertainer to operate or entertain at, as applicable, an adult enter- tainment parlour. 829.5.2 Owner - entertainer - unlicensed - prohibited to operate No operator shall operate an adult entertainment parlour in a premises in respect of which the owner thereof and the entertainers has or have not ob- tained any licences required under this Chapter. 829.5.3 Owner - operator - list of operators and entertainers Without limiting the generality of any other provision of this Chapter, ev- ery owner and every operator shall furnish to the Licensing Officer a list setting out the names of every operator and entertainer who intend or are expected to operate or provide services, as the case maybe, at the adult en- tertainment parlour and shall not permit any person not on such list to op- erate or provide services, as the case may be, at the adult entertainment parlour, and shall update such list on a daily or other basis as is required to comply with this requirement. 829.5.4 Operation - location endorsed on licence - only No operator shall operate an adult entertainment parlour other than the adult entertainment parlour endorsed on his or her licence and at the loca- tion endorsed thereon. 829.4.2 ADULT ENTERTAINMENT PARLOUR 829.5.4 RICHMOND HILL 829.21 FEBRUARY 2006 829.5.5 Contract - between owner - operator - requirements Every contract of service, contract for services or other arrangement con- stituting or pertaining to the relationship between owner and operator of an adult entertainment parlour shall be in writing and shall be made avail- able for inspection at any time by the Town's By-law Enforcement Offi- cer s or the Licensing Officer upon request, and shall be retained by the owner or operator for a period of six months after its termination. 829.5.6 Contract - information requirements - written Every agreement or arrangement pertaining to the operation of an adult entertainmentparlour by an operator, or for the provision of services by an entertainer at an adult entertainmentparlour, shall be in writing, and every such contract of service, contract for services or other document constitut- ing or pertaining to the relationship between an owner and operator of an adult entertainment parlour; between an owner and/or operator of an adult entertainment parlour and any other persons or entities having an interest, direct or indirect, any trust arrangement, or any financial or contractual or understood arrangement, with respect to the ownership or operation of the premises or the adult entertainment parlour; and between an owner or op- erator of an adult entertainment parlour and an entertainer, shall be filed with the Licensing Officer before the commencement of operation or provision of services, as the case may be. 829.5.7 Contract - available for inspection The owner and operator of an adult entertainmentparlour shall ensure that the contract of services or other document referred to in Section 829.5.6 is available for inspection by the Licensing Officer, a By-law Enforcement Officer , the Medical Officer of Health, a public health inspector or a peace officer, upon request, and shall retain such contract or other docu- ment for a period of six months after termination thereof. 829.5.8 Contract - failure to obtain - record information Without limiting the generality of Article 10, every owner and operator who fails to obtain and retain such contracts of services referred to in Sec- tion 829.5.5 or 829.5.6, or who fails to record all of the requisite informa- tion therein or who fails to produce same upon request as aforesaid is guilty of an offence under this Section and upon conviction is liable to a fine as set out in Article 26. 829.5.5 ADULT ENTERTAINMENT PARLOUR 829.5.8 FEBRUARY 2006 829.22 RICHMOND HILL 829.5.9 Sign - posted - exterior - licence number - other Every owner and operator shall exhibit over the street door or in the lower front window of the premises in respect to which such person's licence is issued or in someother conspicuous place on the exterior of such premises satisfactory to the Licensing Officer, a sign issued by the Licensing Offi- cer bearing the words, "Licensed Adult Entertainment Parlour No.", (in- serting after "No." the owner's licence number), and "Comments regarding this business may be made to the Town Licensing Office at (905) 771-8840." 829.5.10 Licence - posted - conspicuous - on premises Every owner and operator shall keep his or her licence issued in respect of an adult entertainment parlour posted in a conspicuous place in the said premises, satisfactory to the Licensing Officer, at all times during the cur- rency of the licence. 829.5.11 Licensee - information provided - upon request Every owner and operator of an adult entertainment parlour in the Town and every owner and operator licensed under this Chapter in attendance at an adult entertainment parlour in the Town, whether engaged in his or her respective trade, calling, business or occupation at that time, shall, upon a request made to him or her by any peace officer, By-law Enforcement Of- ficer , Medical Officer of Health, or the Licensing Officer provide his or her name and residential address, and if licensed under this Chapter in re- spect of any trade, calling, business or occupation relating to such adult entertainment parlour, he or she shall produce the said licence and the original of any document or record referred to in this Chapter. 829.5.12 Service - provided - in contravention - prohibited No owner or operator shall permit any services to be given, performed, provided or received in any adult entertainmentparlour in breach of any of the provisions contained in this Chapter. 829.5.13 Intoxicated person - admittance - prohibited No owner or operator shall permit any person who appears to be intoxi- cated by alcohol or a drug to enter or remain in any adult entertainment parlour operated by such owner or operator. 829.5.9 ADULT ENTERTAINMENT PARLOUR 829.5.13 RICHMOND HILL 829.23 FEBRUARY 2006 829.5.14 Owner - operator - in attendance - business hours Either the owner, where the owner is a natural individual, or one of the owners, where the owner is a partnership, or an operator licensed in re- spect of such owner's adult entertainment parlour shall be in attendance at such owner's adult entertainmentparlour during allopening hours, and no owner or operator shall permit an adult entertainment parlour owned or operated by him or her to open for business, or remain open for business, or any entertainer to enter or remain therein, or any service to be provided at such adult entertainment parlour unless this Section is complied with, and for greater particularity, where an owner is an artificial being, such owner shall not permit an adult entertainment parlour owned or operated by him or her to open for business, or remain open for business, or any en- tertainer to enter or remain therein, or any service to be provided at such entertainment parlour unless an operator licensed in respect of such owner's adult entertainment parlour is in attendance. 829.5.15 Alcohol - drugs - use - possession - prohibited No owner, operator or entertainer shall take, consume or have alcohol or drugs in his or her possession in an adult entertainment parlour, nor shall the use of alcohol or drugs by himor her be apparent while thatadult enter- tainment parlour is under his or her charge or when he or she is providing services therein, as the case may be. 829.5.16 First-aid kit - provided - maintained Despite anything herein to the contrary, every owner who operates his or her own adult entertainment parlour and every operator shall provide and maintain at all times at the adult entertainment parlour operated by him or her a first-aid kit equipped in a manner satisfactory to the Regional Mu- nicipality of York Medical Officer of Health. 829.5.17 Attire - cleanliness - behaviour - owner - operator Every owner, and operator shall, while engaged in his or her respective trade, calling, business or occupation in an adult entertainmentparlour, be neat and clean in his or her person and civil and well-behaved to members of the public with whom he or she is dealing. 829.5.18 Photographic - recording equipment - use - restricted No owner or operator shall use or permit to be used any camera or other photographic or recording device in, upon or at an adult entertainment parlour by any person other than: (a) a public health inspector acting under the direction of the Medical Officer of Health, a By-law Enforcement Officer or the Licensing Officer; (b) Licensing Officer; (c) a peace officer; or 829.5.14 ADULT ENTERTAINMENT PARLOUR 829.5.18 FEBRUARY 2006 829.24 RICHMOND HILL (d) the Medical Officer of Health. 829.5.19 Owner - operator - when deemed not in attendance For the purposes of Section 829.5.14, an owner or an operator shall be deemed not to be in attendance at an adult entertainment parlour where such person is not physically present in the part of the premises constitut- ing the adult entertainment parlour, whether or not such person is present in another part of the premises. 829.5.20 Sign - advertisement - removal - cessation - on order Every owner or operator shall upon being ordered to do so by the Licens- ing Officer, cease to publish, display or circulate any poster, handbill, sign, card, novelty, newspaper advertisement or other matter used to ad- vertise his or her business or any show or other performance and shall obliterate, withdraw, remove or destroy any such poster, handbill, card, novelty, notice, advertisement or other matter. 829.5.21 Sign - advertisement - exterior - approval - required Without limiting the generality of Section 829.5.20, and in addition to compliance with the Town's Sign By-law No. 258-90 [Town of Rich- mond Hill Municipal Code, Chapter 740], as amended, no person shall erect or maintain any sign or other device advertising an adult entertain- ment parlour, except in accordance with the following regulations: (a) no person shall erect or maintain any of the following signs or other advertising devices in respect of an adult entertainment parlour or in respect of any services provided at an adult enter- tainment parlour: (i) an awning sign; (ii) a canopy sign; (iii) a projecting sign; (iv) an inflatable sign; (v) a portable sign; (vi) a trailer sign; (vii) a ground or pylon sign; or (viii) a sandwich board sign, (b) no person may circulate, post, distribute or cause to be distrib- uted any poster, flyer, handbill or other form of printed sign or advertising device on or at premises or locations, other than the adult entertainment parlour, with the exception of adver- tising located in a newspaper or telephone directory; 829.5.19 ADULT ENTERTAINMENT PARLOUR 829.5.21 RICHMOND HILL 829.25 FEBRUARY 2006 (c) nothing in this Chapter shall be deemed to constrain any per- son from erecting or maintaining any sign or other advertising device on any interior wall of an adult entertainment parlour, provided the content of such sign is not visible from the exte- rior of the adult entertainment parlour; and (d) no person may erect or maintain any sign or other advertising device in respect of an adult entertainment parlour which in- cludes any letters, markings, symbols, pictures or representa- tions, except the name of the adult entertainment parlour as recorded on the application for licence, and any logo or sym- bol, provided a copy of such logo or symbol is filed with the Licensing Officer as part of the licensing process. 829.5.22 Owner - operator - physical contact - prohibited No owner or operator shall, in respect of any adult entertainment parlour owned or operated by such owner or operator, permit any entertainer, while providing services as an entertainer, to touch, or be touched by, or have physical contact with, any other person in any manner whatsoever involving any part of that person's body. 829.5.23 Entertainer - physical contact - prohibited No entertainer shall, while providing services as an entertainer, touch or have physical contact with any other person in any manner whatsoever in- volving any part of that person's body, or allow any other person to touch or have physical contact with such entertainer. 829.5.24 Stage restrictions - requirements In every adult entertainment parlour licensed under the Liquor Licence Act: (a) every entertainer providing services shall provide all such services on a stage or platform, the floor of which is elevated at least one metre above any floor to which any patron or cus- tomer of the adult entertainment parlour has access; (b) no adult entertainment parlour shall have more than one stage or platform used for the provision of services, unless the es- tablishment lawfully uses more than one storey of a building for the provision of services, in which case there may be one such stage or platform per storey; (c) every stage or platform used for the provision of services shall be constructed and located so as to allow the entertainers to enter and exit from the stage without proceeding through the area where food or drink may be served or consumed; 829.5.22 ADULT ENTERTAINMENT PARLOUR 829.5.24 FEBRUARY 2006 829.26 RICHMOND HILL (d) every entertainer proceeding to the stage or platform for the provision of adult entertainment shall use the access route re- ferred to in Section 829.5.24(c); (e) no entertainer shall provide services at an adult entertainment parlour at any location other than upon a stage or platform as provided for in this Section; (f) no customer or patron of an adult entertainment parlour shall be allowed upon the stage or platform described in this Sec- tion. 829.5.25 Services - to be provided within view of main stage Services provided by an entertainer in any adult entertainment parlour not licensed under the Liquor Licence Act shall be provided within view of the main stage, without obstruction by walls, curtains or any other enclosure, and no services shall be provided or offered in any cubicle, private or semi-private room or other area partitioned from any room or space where such services are provided to patrons generally. 829.5.26 Entertainer - services provided - accessible area only Subject to Section 829.5.24, all services provided by an entertainer shall be provided in an area freely accessible and visible generally by other per- sons on the premises. 829.5.27 Body rubs - related services - prohibited No body rubs or services of a body-rub parlour may be offered or pro- vided in any premiseslicensedor used as an adult entertainmentparlour. 829.5.28 Lap dancing - related services - prohibited No person to whom this Chapter relates may advertise, allow, provide or perform adult entertainment or any other services commonly known as "couch-dancing", "lap-dancing", or "towel dancing", or other similar ser- vices or use any of those phrases in any advertisement, notice, message or document relating to an adult entertainment parlour. 829.5.29 Ventilation - lighting - adequate - uniform Every adult entertainment parlour shall be provided with adequate venti- lation and with lighting that is adequate to ensure visibility and that is uni- formly distributed throughout the premises. 829.5.30 Sign - entry prohibited - under eighteen years Every owner and operator shall ensure that there is posted in a prominent location at every entrance to the adult entertainmentparlour a sign indicat- ing that no person under the age of eighteen years may enter or remain in such premises. 829.5.25 ADULT ENTERTAINMENT PARLOUR 829.5.30 RICHMOND HILL 829.27 FEBRUARY 2006 829.5.31 General regulations - copy - provided Every owner and operator shall, before permitting any person to provide services at an adult entertainment parlour, provide a copy of the general regulations in this Chapter to such person, and instruct such person with respect to all of the regulations. Article 6 FACILITIES - PREMISES 829.6.1 Owner - operator - compliance - required Every owner and every operator shall, in the operation of the adult enter- tainment parlour comply with, and ensure compliance with the regula- tions set out in this Chapter. 829.6.2 Light - ventilation - adequate - required The premises shall be provided with adequate light and ventilation. 829.6.3 Premises - fixtures - equipment - washed - sanitary The premises and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition. 829.6.4 Utility sink - effective - required The premises shall be equipped with an effective utility sink. 829.6.5 Toilet - washroom - accommodation - males - females Adequate toilet and washroom accommodation shall be provided in ac- cordance with the regulations set forth under the Ontario Building Code Act, 1992, as amended from time to time, and there shall be separate such rooms for males and females. 829.6.6 Washroom - equipped - requirements Washrooms shall be equipped with: (a) an adequate supply of hot and cold water; (b) an adequate supply of liquid soap in a suitable container or dispenser, or individual soap in a suitable container or dispenser; (c) hot air dryers or individual towels in a suitable container or dispenser; and (d) a suitable receptacle for used towels and waste material. 829.6.7 Washroom facilities - domestic use - restriction No washroom, toilet, sink or basin used for domestic purposes shall be used in connection with an adult entertainment parlour. 829.5.31 ADULT ENTERTAINMENT PARLOUR 829.6.7 FEBRUARY 2006 829.28 RICHMOND HILL 829.6.8 Shower - sauna baths - requirements In all shower-bathrooms, if any, and in all sauna-bath rooms, if any: (a) the floors shall be disinfected at least once a week with a disin- fecting solution approved by the Medical Officer of Health; (b) all surfaces and attached accessories of the bath or shower en- closure must be self-draining; (c) all showers must have removable cleanable drain covers; (d) floor surfaces both within and without the enclosures shall be of a non-slip type. 829.6.9 Sleeping purposes - use - furniture - prohibited No premises or part thereof used as an adult entertainmentparlour shall be used as a dwelling or for sleeping purposes or contain therein any furni- ture which is commonly used or may be used for sleeping purposes. 829.6.10 Door - access - unlocked - available During the hours of business of an adult entertainment parlour, it shall be the responsibility of the owner and of the operator, if any, to ensure that the door or doors or other principal means of access into the adult enter- tainment parlour by the public shall be kept unlocked and available so that anyone coming into the adult entertainment parlour from the street or other public place may enter therein without hindrance or delay. Article 7 AGE RESTRICTION 829.7.1 Owner - operator - entertainer - minimum age No person under the age of eighteen may be or act as an owner or operator of an adult entertainment parlour or as an entertainer in an adult entertain- ment parlour or provide any services in an adult entertainment parlour. 829.7.2 Operator - entertainer - under eighteen - responsibility No owner shall permit any person under the age of eighteen to be or act as an operator of an adult entertainment parlour or as an entertainer in an adult entertainmentparlour or provide any services whatsoever in an adult entertainment parlour. 829.7.3 Patron - under eighteen - services to - prohibited No one may provide services in an adult entertainment parlour to a person under the age of eighteen years. 829.7.4 Patron - under eighteen - entry - prohibited No owner or operator shall permit any person under the age of eighteen to enter or remain in any adult entertainment parlour owned or operated by him or her. 829.6.8 ADULT ENTERTAINMENT PARLOUR 829.7.4 RICHMOND HILL 829.29 FEBRUARY 2006 829.7.5 Records - proof of age - provided on request Every owner and every operator of an adult entertainmentparlour, and ev- ery other person engaged in or carrying on any business for which a licence is required under section 151 of the Municipal Act, 2001, c. 25 shall, before employing or permitting any individual to act or appear as an adult entertainmentperformer, require such individual to produce a certif- icate of proof of age relating to such individual, and shall record the name of the individual, the number and description of such certificate, and any age or date of birth, shown on such certificate, and maintain such record available for inspection by any enforcement officer. 829.7.6 Proof of age - carried at all times Every entertainer shall, while in attendance at any adult entertainment parlour, carry his or her certificate of proof of age at all times or have it readily available, and shall comply with a request by an enforcement offi- cer to produce such certificate. 829.7.7 Proof of age - provided on request Every owner and every operator of an adult entertainmentparlour, and ev- ery other person required by this Chapter to record informationfroma cer- tificate of proof of age under this Chapter, shall provide such information to any enforcement officer who requests it. 829.7.8 Proof of age - legal name For the purposes of this Chapter, no individual shall present as evidence of his or her age any certificate or other document that was not lawfully is- sued to him or her, or that does not refer to him or her by his or her legal name. Article 8 AGREEMENTS - OTHER DOCUMENTATION 829.8.1 Owner - operator - pertaining to operation - in writing Every agreement or arrangement between an owner and an operator of an adult entertainment parlour business pertaining to the operation of such business by the operator shall be in writing. 829.8.2 Entertainer - provision of services - in writing Every agreement or arrangement between an owner or operator, and an entertainer pertaining to the provision of services by such entertainer at a business licensed or to be licensed shall be in writing. 829.8.3 Information - requirements - all documents Every document referred to in Section 829.8.2 shall contain: (a) the full name of the entertainer; (b) his or her date of birth; 829.7.5 ADULT ENTERTAINMENT PARLOUR 829.8.3 FEBRUARY 2006 829.30 RICHMOND HILL (c) his or her permanent and any temporary address, as may be ap- plicable; and (d) his or her social insurance number or documentation evidenc- ing entitlement to work in Canada, which may include but is not limited to, a letter of prospective employment or engage- ment from the owner or operator, and shall have affixed thereto a passport-sized (minimum measurements 7.5 x 6.4 centimetres [2.9 x 2.5 inches]) facial photograph of the enter- tainer taken within the past thirty days. 829.8.4 All documents - copies filed with Licensing Officer Prior to obtaining a licence and commencing the operation of or the provi- sion of services at an adult entertainment parlour, the owner, operator and entertainer, respectively, in respect of an adult entertainment parlour shall file a true copy of every written document as applicable referred to in this Article. 829.8.5 Agreements-documents-leases-filed-LicensingOfficer The owner shall also file with the Licensing Officer: (a) a true copy of every other agreement or other document con- stituting or pertaining to the relationship between the owner and any operator or other person respecting the ownership or operation of the premises and the adult entertainment parlour business; (b) a true copy of all amendments or replacement agreements to the agreements or other documents referred to elsewhere in this Section; (c) a true copy of any lease between any owner or operator and the owner of the property upon which an adult entertainment parlour business is carried out. 829.8.6 Partnership - statutory declaration - requirement Without limitingthe generality of any other provision in this Chapter, per- sons associated in any partnership applying for a licence under this Chap- ter shall file with their application a statutory declaration, in writing signed by all members of the partnership, which declaration shall state: (a) the full name of every partner and the address of his or her or- dinary 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; 829.8.4 ADULT ENTERTAINMENT PARLOUR 829.8.6 RICHMOND HILL 829.31 FEBRUARY 2006 (d) the mailing address for the partnership; (e) the identity of all persons or entities having an interest, direct or indirect, any trust arrangement, or any financial or contrac- tual or understood arrangement, with respect to the ownership or operation of the premises or the adult entertainment parlour business or the control or management of same, and the terms upon which such interest or right is conferred; and (f) the identity of every person having a beneficial interest, di- rectly or indirectly in the premises or in the business to be car- ried on to which this Chapter relates and every person having a right to receive income, revenue or benefit of any kind arising out of the operation of such premises or business, and any per- son who in fact receives such income, revenue or benefit, and the terms upon which such interest or right is obtained. 829.8.7 Partnership as corporation - requirements If any member of a partnership applying for a licence is a corporation, such corporation shall be deemed to be a corporation applying for a licence and if such licence is issued to the partnership such corporation shall be deemed to be a corporation applying for or holding an owner's licence. 829.8.8 Corporation-documentation-informationrequirements Without limiting the generality of any other provision in this Chapter, ev- ery corporation applying for a licence shall file with the Licensing Offi- cer, at the time of making its application, copies of its articles of incorporation or other incorporating document and all contracts, and other documents relating to the relationship between the owner or opera- tor and any entertainer or attendant who will be providing services or en- tertainment in the premises and shall file with the Town a statutory declaration, in writing, signed by an officer of the corporation, which declaration shall state: (a) the full name of every shareholder and the address of his or her ordinary residence; (b) the name or names under which it carries on or intends to carry on business; (c) that the persons therein named are the only shareholders of the corporation; (d) the mailing address for the corporation; (e) the names of its officers, agents, directors and employees, and those of the owner of the property on which the business is to be conducted; 829.8.7 ADULT ENTERTAINMENT PARLOUR 829.8.8 FEBRUARY 2006 829.32 RICHMOND HILL (f) the identity of every person having a beneficial interest, di- rectly or indirectly in the premises or in the business to be car- ried on to which this Chapter relates and every person having a right to receive income, revenue or benefit of any kind arising out of the operation of such premises or business, or any per- son who in fact receives such income, revenue or benefit, and the terms upon which such interest or right is conferred; and (g) the identity of all persons and entities having an interest, di- rect or indirect, any trust arrangement, or any financial or con- tractual or understood arrangement, with respect to the ownership or operation of the premises or the adult entertain- ment parlour business or the control or management of same, and the terms upon which such interest or right is conferred. 829.8.9 Additional information - interview - each individual The Licensing Officer may, for the purpose of processing the application and reporting to the Council with respect thereto, require the applicant to provide such further information relevant to the licence application as the Licensing Officer may see fit, and every applicant, officer, director or partner of any corporate or partnership applicant, respectively, shall pro- vide such information, including the provision of one or more interviews with the Licensing Officer, if requested by the Licensing Officer, or an ap- pearance before the Council, should the Council require such information in order to enable it to deal with the application. 829.8.10 Additional direction - from Council The Licensing Officer may at any time seek directions from the Council with respect to the manner of processing any application for a licence or the obtaining of information in connection thereto, or may refer the appli- cation to the Council for a hearing as to whether or not the application should be proceeded with, or whether it should be granted or refused, or whether conditions should be imposed upon any such licence which might be granted. 829.8.11 Investigation - inquiry - interview - permitted By the making of an application for a licence pursuant to this Chapter, ev- ery applicant agrees that a Licensing Officer may make such inquiries and seek and obtain such information or records as the Licensing Officer should see fit relevant to the processing of the application and whether or not such licence should be granted or issued, including requiring the ap- plicant or a representative of the applicant designated by the Licensing Officer, to be interviewed by such Licensing Officer. 829.8.9 ADULT ENTERTAINMENT PARLOUR 829.8.11 RICHMOND HILL 829.33 FEBRUARY 2006 829.8.12 Additional requirements - administrative matters A Licensing Officer may at any time, seek directions from the Council with respect to administrative matters affecting the processing of any licence application or imposing requirements of providing additional in- formation in connection with such application. 829.8.13 Corporation complete disclosure - all related entities If any shareholder of a corporate applicant or licensee is a corporation, such corporation shall be deemed to be a corporation applying for or hold- ing a licence, as the case may be, and so on until the information required by this Chapter relating to every corporation having any interest in the adult entertainment parlour or the operation of its business, has been disclosed. Article 9 REPORT TO COUNCIL 829.9.1 Applicant request for consideration Where the Commissioner is of the opinion that an applicant for a licence does not comply with any one or all of the conditions set out in Article 3 of this Chapter, the Commissioner shall, upon the request of the applicant, report to Council and Council may,upon consideration of the report of the Commissioner, direct the Licensing Officer to issue the licence if, in the opinion of Council, the said conditions have been satisfied. Article 10 LICENCE NON-TRANSFERABLE WITHOUT COUNCIL APPROVAL 829.10.1 Licence not transferable A licence issued under this Chapter shall not be transferred or assigned by the licence holder without the consent of Council upon the recommenda- tion of the Commissioner. Article 11 GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE 829.11.1 Licence - entitlement An applicant is entitled to be licensed and a licensee is entitled to have his or her licence renewed. 829.8.12 ADULT ENTERTAINMENT PARLOUR 829.11.1 FEBRUARY 2006 829.34 RICHMOND HILL 829.11.2 Licence refused - financial position Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where, having regard to his or her financial position, the applicant or licensee cannot reasonably be expected to be financially responsible in the conduct of the business which is to be licensed or is licensed. 829.11.3 Licence refused - past conduct of applicant Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where the past conduct of the applicant or licensee affords reason- able grounds for the belief that the applicant or licensee will not carry on the activity for which he or she is to be licensed, in accordance with law and with integrity and honesty. 829.11.4 Licence refused - contrary to public interest Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where the issuance of the licence or renewal of the licence would be contrary to the public interest. 829.11.5 Licencerefused-activitiesincontraventionofthisChapter Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where the applicant or licensee is carrying on activities that are, or will be, if the applicant is licensed, in contravention of this Chapter. 829.11.6 Licence refused - use of premises Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where there are reasonable grounds for belief that the nature, con- dition or use of the 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 pro- vision of this Chapter or any other law. 829.11.7 Licence refused - applicant provides false information Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where there are reasonable grounds for belief that any application or any other document or information provided by or on behalf of the li- censee or applicant, contains a false statement or provides false information. 829.11.8 Licence refused - information provided - accuracy Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where the 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 applicant or licensee has not provided up-to-date accurate infor- mation to the Town sufficient to allow the council to conclude that the licence should be granted or maintained as valid and subsisting. 829.11.2 ADULT ENTERTAINMENT PARLOUR 829.11.8 RICHMOND HILL 829.35 FEBRUARY 2006 829.11.9 Licence refused -fee not paid Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where the fee payable in respect of the licence applied for has not been paid. 829.11.10 Licence refused - applicant - non-compliant Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where the applicant does not comply or ensure compliance with any condition imposed under this Chapter upon the business or upon the licensee, as a requirement of obtaining, continuing to hold or renewing a licence. 829.11.11 Licence refused - applicant is corporation or partnership Notwithstanding Section 829.11.1, a licence may not be issued or re- newed where if the applicant or licensee is a corporation or partnership: (a) having regard to its financial position, it cannot reasonably be expected to be financially responsible in the conduct of the business for which it is to be licensed; (b) the past conduct of the officers or directors affords reasonable grounds for the belief that the applicant or licensee will not carry on the activity for which he or she is to be licensed or continue to be licensed in accordance with law; (c) the issuance of the licence or renewal of the licence would be contrary to the public interest; or (d) it is carrying on activities that are, or will be, if the applicant is licensed, in contravention of this Chapter. 829.11.12 Conduct - applicant For the purposes of Section 829.11.3 "conduct of the applicant" and "con- duct of the licensee" include: (a) where the applicant or licensee is a partnership, the conduct of one or more of its partners or former partners; (b) where the applicant or licensee is a corporation, the conduct of one or more of its current or former officers, directors, em- ployees or agents; and (c) in the case of every applicant and licensee, the conduct of one or more employees, agents, independent contractors, or any other person currently or previously involved in, or to be in- volved in, the carrying on of the business or the provision of any services therein. 829.11.9 ADULT ENTERTAINMENT PARLOUR 829.11.12 FEBRUARY 2006 829.36 RICHMOND HILL Article 12 COUNCIL'S POWER TO REFUSE TO ISSUE OR TO RENEW A LICENCE 829.12.1 Council - authority Council may refuse to issue or renew a licence or may refuse to renew a licence, where the applicant or licensee would be disentitled to a licence for any of the reasons set out in Article 11. Article 13 REFUND OF FEE ON REFUSAL TO ISSUE OR RENEW A LICENCE 829.13.1 Licence not issued - refund of fee When an application for a licence or renewal of a licence is refused, the applicant is entitled to apply to the Licensing Officer for a refund of up to 50 per cent of the application processing fee. Article 14 ISSUANCE OF A LICENCE ON TERMS AND CONDITIONS 829.14.1 Licence issued - terms and conditions Notwithstanding any other provision of this Chapter, Council may issue a licence or renew a licence subject to such terms and conditions as are nec- essary to give effect to this Chapter, if first consented to by the applicant or licensee; or, if recommended by the Licence Hearings Committee after a hearing as provided for in Section 829.21.1 of this Chapter. 829.14.2 Compliance - condition of licence It shall be deemed to be a condition of every licence that the licensee com- ply with and ensure compliance with the requirements of this Chapter and of any and all Schedules hereto applying to the business licensed or to be licensed. Article 15 COUNCIL'S POWER TO REVOKE OR SUSPEND A LICENCE 829.15.1 Licence revoked or suspended Council may revoke or suspend a licence where the licensee would be disentitled to a renewal of a licence on the grounds set out in Article 11 of this Chapter. 829.12.1 ADULT ENTERTAINMENT PARLOUR 829.15.1 RICHMOND HILL 829.37 FEBRUARY 2006 Article 16 REFUND OF FEE ON REVOCATION OF A LICENCE 829.16.1 Licence revoked - refund of fee When a licence is revoked under Section 829.15.1, the licensee is entitled to apply to the Licensing Officer for a refund of that part of the licence fee which is proportionate to the unexpired part of the term for which the licence was issued. 829.16.2 Refund of fee - not applicable The provisions of Section 829.16.1 do not apply when the unexpired part of the term is less than four months. Article 17 CANCELLATION OF A LICENCE 829.17.1 Licence - cancelled Any licence issued under this Chapter may be cancelled by the Licensing Officer at any time, upon the written request of the licensee. Article 18 APPEALS TO THE LICENCE HEARINGS COMMITTEE 829.18.1 Licence refused - recommendation to Council When an applicant or a licensee is not entitled to be licensed or to have his or her licence renewed for any of the grounds set out in Article 11, the Li- censing Officer shall recommend to Council that Council shall refuse to issue or renew the licence, or that Council suspend or revoke the licence, or, subject to Section 829.14.1, that Council issue a licence on terms and conditions. 829.18.2 Refusal to issue or renew licence - written notice Before Council refuses to issue or refuses to renew a licence, or revokes or suspends or cancels a licence, a written notice advising the applicant or li- censee of the recommendation being made by the Licensing Officer to Council with respect to the licence, shall be given to the applicant or li- censee by the Licensing Officer. 829.18.3 Written notice - contents The written notice to be given under Section 829.18.2, shall: (a) set out the grounds for the recommendation; (b) give reasonable particulars of the grounds; (c) be signed by the Licensing Officer; 829.16.1 ADULT ENTERTAINMENT PARLOUR 829.18.3 FEBRUARY 2006 829.38 RICHMOND HILL (d) inform the applicant or licensee that he or she is entitled to a hearing before the Licence Hearings Committee, if he or she delivers, within seven days after the date of service of the writ- ten notice, or the date of personal service of the written notice, whichever is later, a written request for a hearing before the Licence Hearings Committee. Article 19 NOTICE OF HEARING 829.19.1 Notice of hearing On receipt of a written request for a hearing from an applicant or a li- censee, the Licensing Officer shall require that the Clerk of the Town con- vene a meeting of the Licence Hearings Committee and shall give the applicant or licensee reasonable written notice thereof. Article 20 SERVICE OF WRITTEN NOTICE 829.20.1 Written notice - service The written notice referred to in Sections 829.18.2, and 829.18.3, is suffi- ciently served if delivered personally or sent by registered or certified mail, addressed to the person to whom service is required to be made, ac- cording to the licensing Section records. 829.20.3 Written notice - service - via registered or certified mail When service is made through registered or certified mail, the service shall be deemed to have been made on the seventh day after the day of mailing, unless the person on whom service is being made, establishes that he or she did not, acting in good faith, through absence, accident, ill- ness or other cause beyond his or her control, receive the written notice until a later date. Article 21 HEARING BEFORE THE LICENCE HEARINGS COMMITTEE 829.21.1 Licence Hearings Committee - applicant does not attend When the applicant or licensee who has been given written notice of the hearing, does not attend at the proper timeand place, the Licence Hearings Committeemay proceed with the hearing in his or her absence and the ap- plicant or licensee shall not be entitled to any further notice of the proceedings. 829.19.1 ADULT ENTERTAINMENT PARLOUR 829.21.1 RICHMOND HILL 829.39 FEBRUARY 2006 829.21.2 Recommendation to Council At the conclusion of a hearing, the Licence Hearings Committeeshall pro- vide its recommendations to the Council after which Council may make the decision. 829.21.3 Licence - conditions Where after a hearing, the Licence Hearings Committee concludes that any of the grounds set out under Article 11 exist, the Committee may rec- ommend that Council, instead of refusing, revoking or suspending a licence,grant a licenceor allow a licenceto continue upon such conditions as Council may see fit to impose for the purpose of ensuring the proper and lawful carrying on of the business, or such other conditions, as are authorized by law. Article 22 COUNCIL AUTHORITY AFTER THE HEARING 829.22.1 Council-recommendationofLicenceHearingCommittee Council mayaccept or vary the recommendationsof the Licence Hearings Committee or do any act or make any decision that it might have done if it had conducted the hearing itself and the applicant or licensee shall not be entitled to a further hearing on the matter before Council and the decision of Council shall be final. Article 23 RETURN OF THE LICENCE AFTER REVOCATION OR SUSPENSION 829.23.1 Licence revoked - suspended - returned When a licence has been revoked or suspended, the holder of the licence shall return the licence to the Licensing Officer within twenty-four hours of service of written notice of the decision of Council. 829.23.2 Licence revoked - Licensing Officer to obtain licence When a person has had his or her licence revoked or suspended under this Chapter he or she shall not refuse to deliver up or in any way obstruct or prevent the Licensing Officer from obtaining the licence, in accordance with Section 829.23.1. Article 24 TRANSITION 829.24.1 By-law - previous A licence issued under the applicable by-law in effect immediately prior to the enactment of this Chapter shall remain in effect following the enact- ment of this Chapter only until the earlier of its expiry or its revocation. 829.21.2 ADULT ENTERTAINMENT PARLOUR 829.24.1 FEBRUARY 2006 829.40 RICHMOND HILL Article 25 SEVERABILITY 829.25.1 Validity If a court of competent jurisdiction declares any provision, or any part of a provision, of this Chapter to be invalid, or to be of no force and effect, it is the intention of the Council in enacting this Chapter, that each and every other provision of this Chapter authorized by law, be applied and enforced in accordance with its terms to the extent possible according to law. Article 26 ENFORCEMENT 829.26.1 Fine - for contravention Every person who contravenes any provisions of this Chapter or is a party to such contravention, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and shall, upon conviction thereof, be liable to a fine not exceeding $25,000 or to imprisonmentfor a termnot exceeding one year,or to both. 829.26.2 Fine - for contravention - corporation Where a corporation is convicted of an offence under Section 829.26.1, the maximum penalty that may be imposed on the corporation is $50,000 and not as provided in Section 829.26.1. 829.26.3 Application of Chapter This Chapter applies in respect of any adult entertainmentparlour offering or providing the services of an entertainer, but does not apply to any pre- mises at or in which no services appealing to or designed to appeal to erotic or sexual appetites or inclinations are provided by any entertainer in attendance at such premises. 829.26.4 Administration - enforcement This Chapter shall be administeredand enforced by the Licensing Officer, a By-law Enforcement Officer, a licensing enforcement officer, a peace officer or such other person as Council may designate. 829.26.5 Obstruction - offence No person may obstruct or hinder the entry or the inspection of an adult entertainment parlour or any part thereof by a By-law Enforcement Offi- cer, a Provincial Offences Officer, the Licensing Officer, a Medical Offi- cer of Health or a peace officer. 829.25.1 ADULT ENTERTAINMENT PARLOUR 829.26.5 RICHMOND HILL 829.41 JULY 2011 Article 27 REPEAL - ENACTMENT 829.27.1 By-law - previous Chapter 829 of the Town of Richmond Hill Municipal Code respecting Adult Entertainment Establishments - Subcategory - Adult Entertainment Parlours be repealed in its entirety and replaced with the new Chapter 829. By-law 191-01 be repealed. By-law 190-05, 12 December, 2005; By-law 78-11, 11 July 2011. 829.27.1 ADULT ENTERTAINMENT PARLOUR 829.27.1 JULY 2011 829.42 RICHMOND HILL SCHEDULE Schedule 'A' - Operation - defined area ADULT ENTERTAINMENT PARLOUR RICHMOND HILL 829.43 FEBRUARY 2006