Licence - Body-Rub Parlour, Municipal Code Chapter 834 (By-law 193-05)

Richmond Hill, Ontario · No. 834 · adopted 2005-12-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 943243054391 · verified 2026-10-25 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Licence---Body-Rub-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: 64321 --- LICENCE Chapter 834 BODY-RUB PARLOUR CHAPTER INDEX Article 1 INTERPRETATION 834.1.1 Adult entertainment service - defined 834.1.2 Applicant - defined 834.1.3 Attendant - defined 834.1.4 Attendant's licence - defined 834.1.5 Body-rub - defined 834.1.6 Body-rub parlour - defined 834.1.7 Body-rub parlour operator's licence - defined 834.1.8 Body-rub parlour owner's licence - defined 834.1.9 Commissioner - defined 834.1.10 Council - defined 834.1.11 Customer - defined 834.1.12 Him or her - defined 834.1.13 Licence - defined 834.1.14 Licence Hearings Committee - defined 834.1.15 Licensing Officer - defined 834.1.16 Medical Officer of Health - defined 834.1.17 Operator - defined 834.1.18 Owner - defined 834.1.19 Person - defined RICHMOND HILL 834.1 FEBRUARY 2006 834.1.20 Sign - defined 834.1.21 To provide - services - defined 834.1.22 Town - defined Article 2 GENERAL PROVISIONS 834.2.1 Operation - business - without licence - prohibited 834.2.2 Operation - by owner - without licence - prohibited 834.2.3 Operation attendant - without licence - prohibited 834.2.4 Owner - operator - attendant - requirements 834.2.5 Service - erotic - sexual - limitation 834.2.6 Adult entertainment - body-rub parlour - prohibited 834.2.7 Service - to person under eighteen years - prohibited 834.2.8 Entry - person under eighteen years - prohibited 834.2.9 Sign - age restriction - posted - every entrance 834.2.10 Regulations - supplied - instructions - to all employees 834.2.11 Service - other than specified - prohibited 834.2.12 Owner or operator - present - during hours of operation 834.2.13 Intoxicated person - prohibited entry 834.2.14 Licence - posted - conspicuous - at all times 834.2.15 Service - by licensed attendant - only 834.2.16 Licensed - owner - operator - on premises 834.2.17 Employment contract - required - open to inspection 834.2.18 Employee agreements - in writing 834.2.19 Employee agreements - information - requirements 834.2.20 Employee agreements - filed with Licensing Officer 834.2.21 Agreements - all types - filed with Licensing Officer 834.2.22 Attendant - licence - posted - prominent 834.2.23 Attendant - customer - pubic area covered 834.2.24 Camera - recording devices - prohibited - exception BODY-RUB PARLOUR FEBRUARY 2006 834.2 RICHMOND HILL 834.2.25 Owner- not natural person - licensed operator on premises 834.2.26 Operation - by individual - only 834.2.27 Sign - in lobby - content 834.2.28 Applicable - to all lands - premises - within Town 834.2.29 Notice - materials - when deemed served 834.2.30 Schedule - part of Chapter 834.2.31 Exemptions - medical - therapeutic - health care Article 3 REQUIREMENT FOR LICENCE 834.3.1 Licence - property of Town 834.3.2 Name - use - as licensed - only 834.3.3 Expiry 834.3.4 Transfer - sale - of licence - prohibited 834.3.5 Location - endorsed on licence Article 4 APPLICATION 834.4.1 Application - in person - before Licensing Officer 834.4.2 Application - by partnership - corporation - requirements 834.4.3 Application - photographs provided 834.4.4 Attendant - application - letter of prospective employment 834.4.5 Attendant - medical certificate - re-examination 834.4.6 Fee - payment upon application 834.4.7 Receipt of application - fee - not deemed approval 834.4.8 Partnership - statutory declaration - requirement 834.4.9 Partner - a corporation - conditions 834.4.10 Corporation - statutory declaration - requirement 834.4.11 Licensing Officer - duties 834.4.12 Investigation of applicant - by Licensing Officer BODY-RUB PARLOUR RICHMOND HILL 834.3 FEBRUARY 2006 834.4.13 Additional requirements - Council direction Article 5 SIGNS - ADVERTISEMENTS 834.5.1 Compliance- sign by-law - additional requirement- setout 834.5.2 Sign types - prohibited 834.5.3 Poster - flyer - handbill - circulation - prohibited 834.5.4 Sign - not visible to outside - permitted 834.5.5 Letter - marking - symbol - picture - restriction Article 6 DESIGN OF PREMISES 834.6.1 Compliance - regulations - set out 834.6.2 Floor plan - provided - rooms designated 834.6.3 Floor plan - amendment - prior approval required 834.6.4 Locking device - on room - prohibited 834.6.5 Entrance - unlocked - during hours of operation 834.6.6 Premise - use of dwelling - contained bed - prohibited 834.6.7 Window - required - observation - body-rubs 834.6.8 Ventilation - lighting - adequate 834.6.9 Fixtures - equipment - washed regularly - sanitary 834.6.10 Utility - sink - required 834.6.11 Toilet washroom accommodation - adequate 834.6.12 Washroom - requirements 834.6.13 Shower-bathroom - sauna-bathroom - requirements 834.6.14 First-aid kit - required 834.6.15 Building - complying with Code - drawings provided Article 7 HOURS OF OPERATION 834.7.1 Times - specified BODY-RUB PARLOUR FEBRUARY 2006 834.4 RICHMOND HILL 834.7.2 Times - employees - compliance 834.7.3 Operation - during regular hours - only Article 8 LOCATION RESTRICTION - LIMITATION ON NUMBER 834.8.1 Location - distance from - residential - public institutions 834.8.2 Limitation - maximum 10 parlours - in Town 834.8.3 Operation ceased - licence revoked - total reduced 834.8.4 Compliance - Zoning By-laws Article 9 CHANGE OF STATUS 834.9.1 Report to Licensing Officer - within five days 834.9.2 Partnership - change in controlling interest - approval 834.9.3 Corporation - change in controlling interest - approval Article 10 REPORT TO COUNCIL 834.10.1 Report to Council Article 11 LICENCE NON-TRANSFERABLE WITHOUT COUNCIL APPROVAL 834.11.1 Licence not transferable Article 12 GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE 834.12.1 Licence - entitlement 834.12.2 Licence refused - financial position 834.12.3 Licence refused - past conduct of applicant 834.12.4 Licence refused - contrary to public interest 834.12.5 Licencerefused - activitiesin contravention of thisChapter 834.12.6 Licence refused - use of premises BODY-RUB PARLOUR RICHMOND HILL 834.5 FEBRUARY 2006 834.12.7 Licence refused - applicant provides false information 834.12.8 Licence refused - information provided no longer accurate 834.12.9 Licence refused - fee not paid 834.12.10 Licence refused - applicant - non-compliant 834.12.11 Licence refused - applicant is corporation Article 13 COUNCIL'S POWER TO REFUSE TO ISSUE OR RENEW A LICENCE 834.13.1 Council's power to refuse to issue or renew a licence Article 14 REFUND OF FEE ON REFUSAL TO ISSUE OR RENEW A LICENCE 834.14.1 Licence not issued - refund of fee Article 15 ISSUANCE OF A LICENCE ON TERMS AND CONDITIONS 834.15.1 Licence issued - terms and conditions Article 16 COUNCIL'S POWER TO REVOKE OR SUSPEND A LICENCE 834.16.1 Licence revoked or suspended 834.16.2 Suspension - Licensing Officer authority - conditions 834.16.3 Suspension - effective - upon service of written notice 834.16.4 Suspension - in effect fifteen days 834.16.5 Suspension - report to Council - recommendation Article 17 REFUND OF FEE ON REVOCATION OF A LICENCE 834.17.1 Licence revoked - refund of fee 834.17.2 Refund of fee - not applicable BODY-RUB PARLOUR FEBRUARY 2006 834.6 RICHMOND HILL Article 18 CANCELLATION OF A LICENCE 834.18.1 Licence - cancelled Article 19 APPEALS TO THE LICENCE HEARINGS COMMITTEE 834.19.1 Licence refused - recommendation to Council 834.19.2 Refusal to issue or renew licence - written notice 834.19.3 Written notice - contents Article 20 NOTICE OF HEARING 834.20.1 Notice of hearing Article 21 SERVICE OF WRITTEN NOTICE 834.21.1 Written notice - service 834.21.2 Written notice - service - via registered or certified mail Article 22 HEARING BEFORE THE LICENCE HEARINGS COMMITTEE 834.22.1 Applicant does not attend 834.22.2 Recommendation to Council Article 23 COUNCIL AUTHORITY AFTER THE HEARING 834.23.1 Council - decision final Article 24 RETURN OF THE LICENCE AFTER REVOCATION OR SUSPENSION 834.24.1 Licencerevoked - suspended - returned - Licensing Officer 834.24.2 Licence revoked - Licensing Officer to obtain licence BODY-RUB PARLOUR RICHMOND HILL 834.7 JULY 2011 Article 25 TRANSITION 834.25.1 By-law - previous Article 26 SEVERABILITY 834.26.1 Validity Article 27 ENFORCEMENT 834.27.1 Fine - for contravention 834.27.2 False information - statements - deemed violation 834.27.3 Compliance - all persons - licensed or not 834.27.4 Documentation - inspection - during operation 834.27.5 Entry - inspection - permitted - during operation 834.27.6 Obstruction - hindrance - entry - inspection - prohibited Article 28 REPEAL - ENACTMENT 834.28.1 By-law - previous SCHEDULE Schedule 'A' - Short form wordings - fines -------- 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 Establish- ments - Subcategory - Body Rub Parlours within the Town; BODY-RUB PARLOUR JULY 2011 834.8 RICHMOND HILL 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; 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 - Body Rub Parlours and the geo- graphic 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. BODY-RUB PARLOUR RICHMOND HILL 834.9 FEBRUARY 2006 Article 1 INTERPRETATION 834.1.1 Adult entertainment service - defined "adult entertainment service" means any service appealing to or designed to appeal to erotic or sexual appetites or inclinations, any other service in- volving sexual touching; any other service offered, provided or received with the purpose or effect of sexual arousal or stimulation; and any service directly or indirectly advertised or described as involving any of such kindsofservices. 834.1.2 Applicant - defined "applicant"meansapersonapplyingforalicenceunderthisChapter. 834.1.3 Attendant - defined "attendant" means a person who, in pursuance of a trade, business or oc- cupation,providesservicesatabody-rubparlour. 834.1.4 Attendant's licence - defined "attendant's licence" means a valid and subsisting licence, issued under this Chapter to an attendant, in respect of the provision by such attendant ofservicesatabody-rubparlour. 834.1.5 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. 834.1.6 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. 834.1.7 Body-rub parlour operator's licence - defined "body-rub parlour operator's licence" means a valid and subsisting licence, issued under this Chapter to an operator as defined in this Article. 834.1.8 Body-rub parlour owner's licence - defined "body-rub parlour owner's licence" means a valid and subsisting licence, issuedunderthisChaptertoanownerasdefinedinthisArticle. 834.1.9 Commissioner - defined "Commissioner" means the Commissioner of Community Services of The Corporation of the Town of Richmond Hill. By-law 89-19, 11 June, 2019. 834.1.1 BODY-RUB PARLOUR 834.1.9 FEBRUARY 2006 834.10 RICHMOND HILL 834.1.10 Council - defined "Council" means the Council of The Corporation of the Town of Rich- mond Hill. 834.1.11 Customer - defined "customer" includes any person seeking, soliciting or receiving a body-rub or any other service at a body-rub parlour. 834.1.12 Him or her - defined "he or she" includes "it", and "him" and "her" include "its" and "his or her" includes "its." 834.1.13 Licence - defined "licence" means an authorization under this Chapter to carry on the trade, calling, business or occupation specified therein and the document pro- viding evidence of such authorization, as the context may allow. 834.1.14 Licence Hearings Committee - defined "Licence Hearings Committee" means a Committee of Council duly ap- pointed to conduct hearings under this Chapter. By-law 193-05, 12 De- cember, 2005. 834.1.15 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. 834.1.16 Medical Officer of Health - defined "Medical Officer of Health" means the Medical Officer of Health for the Regional Municipality of York. 834.1.17 Operator - defined "operator" means an individual person who, alone or with others, oper- ates, manages, supervises, runs or directs a body-rub parlour, on an ongo- ing basis or from time to time. 834.1.18 Owner - defined "owner" means the owner of a body-rub parlour business, and includes a person who, alone or with others, has the right to possess or occupy a body-rub parlour or actually does possess or occupy a body-rub parlour and includes a lessee of a body-rub parlour or of premises upon which a body-rub parlour is located. 834.1.19 Person - defined "person" includes a partnership or corporation and the heirs, executors, administrators or other legal representatives of a person, to whom the con- text can apply according to law. 834.1.10 BODY-RUB PARLOUR 834.1.19 RICHMOND HILL 834.11 OCTOBER 2008 834.1.20 Sign - defined "sign" means any advertising device or notice, including its structure and other component parts, which is used or is capable of being used to attract attention to a specific subject matter. 834.1.21 To provide - services - defined "to provide" when used in relation to body-rubs includes to offer to pro- vide or to cause or permit the provision of, a body-rub. 834.1.22 Town - defined "Town" means The Corporation of the Town of Richmond Hill in the Re- gional Municipality of York. Article 2 GENERAL PROVISIONS 834.2.1 Operation - business - without licence - prohibited No person shall carry on or engage in business as an owner or an operator of a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this Chapter, a body-rub parlour owner's licence, or a body-rub parlour operator's licence, respectively. 834.2.2 Operation - by owner - without licence - prohibited No owner may knowingly carry on or engage in the business of owning a body-rub parlour on, in or in respect of any premises or part of any pre- mises without a licence required under this Chapter. 834.2.3 Operation attendant - without licence - prohibited No person shall carry on or engage in business as an operator or as an at- tendant in a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this Chapter, an operator's or at- tendant's licence respectively. 834.2.4 Owner - operator - attendant - requirements Every owner, operator and attendant shall, in carrying on or engaging in any business to which this Chapter applies, comply with the requirements of this Chapter. 834.2.5 Service - erotic - sexual - limitation No person shall provide in a body-rub parlour any services designed to ap- peal to erotic or sexual appetites or inclinations, or any other adult enter- tainment service as defined in Section 834.1.1. 834.1.20 BODY-RUB PARLOUR 834.2.5 OCTOBER 2008 834.12 RICHMOND HILL 834.2.6 Adult entertainment - body-rub parlour - prohibited No adult entertainment parlour licence, as provided for in Chapter 829 of the Town of Richmond Hill Municipal Code, shall be granted to a body-rub parlour, whether or not licensed as such by the Town, and no body-rub parlour licenceas provided for in thisChapter shallbe granted to an adult entertainment parlour whether or not licensed as such by the Town. 834.2.7 Service - to person under eighteen years - prohibited No person mayprovide services in a body-rub parlour to any person under the age of eighteen years. 834.2.8 Entry - person under eighteen years - prohibited No person under the age of eighteen years may enter, be allowed to enter, remain in or be allowed to remain in, any part of a body-rub parlour. 834.2.9 Sign - age restriction - posted - every entrance Every owner and operator shall ensure that there is posted in a prominent location at every entrance to the body-rub parlour a sign indicating that no person under the age of eighteen years may enter or remain in such premises. 834.2.10 Regulations - supplied - instructions - to all employees Every owner and operator shall, before permitting any person to provide services at a body-rub parlour, provide to such person a copy of the regu- lations in this Chapter, and instruct such person with respect to each of the regulations. 834.2.11 Service - other than specified - prohibited Every owner and every operator shall ensure that all services provided at the body-rub parlour are provided in accordance with the requirements of this Chapter. 834.2.12 Owner or operator - present - during hours of operation No owner or operator shall permit a body-rub parlour to be open for busi- ness unless the owner or an operator is in attendance at all times. 834.2.13 Intoxicated person - prohibited entry No owner or operator shall permit any person who appears to be intoxi- cated by alcohol or a drug to enter or remain in a body-rub parlour. 834.2.14 Licence - posted - conspicuous - at all times Every owner and operator licensed under this Chapter shall cause the licence issued to him or her in respect of the body-rub parlour to be posted and maintained in a conspicuous place in the body-rub parlour, in a man- ner satisfactory to the Licensing Officer, at all times during the currency of the licence. 834.2.6 BODY-RUB PARLOUR 834.2.14 RICHMOND HILL 834.13 FEBRUARY 2006 834.2.15 Service - by licensed attendant - only No owner or operator may permit any person, except a person holding an attendant's licence, to perform any service at a body-rub parlour. 834.2.16 Licensed - owner - operator - on premises No attendant may provide services at a body-rub parlour unless there is in attendance a person at the premises holding a body-rub parlour owner's licence or a body-rub parlour operator's licence. 834.2.17 Employment contract - required - open to inspection Every agreement or arrangement between an owner and an operator per- taining to the operation of a body-rub parlour by the operator shall be in writing. 834.2.18 Employee agreements - in writing Every agreementor arrangement between an owner or operator, and an at- tendant, pertaining to the provision of services by the attendant at a body-rub parlour shall be in writing. 834.2.19 Employee agreements - information - requirements Every document referred to in Section 834.2.18 shall contain: (a) the full name of the attendant; (b) his or her date of birth; (c) his or her permanent and any temporary address, as may be ap- plicable; and (d) his or her social insurance number or other document 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-size facial photograph of the attendant taken within the past six months. 834.2.20 Employee agreements - filed with Licensing Officer The owner shall file a true copy of every written document referred to in Sections 834.2.17 and 834.2.18, with the Licensing Officer before the commencement of operation of the body-rub parlour or the provision of services, at the body-rub parlour, as the case may be. 834.2.21 Agreements - all types - filed with Licensing Officer 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 pertaining to the ownership or operation of the premises or the body-rub parlour business; 834.2.15 BODY-RUB PARLOUR 834.2.21 FEBRUARY 2006 834.14 RICHMOND HILL (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 a body-rub parlour business is carried on. 834.2.22 Attendant - licence - posted - prominent Every owner and every operator of a body-rub parlour shall post, in a prominent location that is satisfactory to the Licensing Officer, a copy of the licenceissued under this Chapter to every attendant providing services at the body-rub parlour. 834.2.23 Attendant - customer - pubic area covered Every attendant, every customer, and every other person at a body-rub parlour shall be clothed in a manner by which such person's pubic area and, in the case of a woman, her breasts, are fully covered by opaque material. 834.2.24 Camera - recording devices - prohibited - exception No owner or operator may use or permit to be used any camera or other photographic or recording device at a body-rub parlour by any person, but this paragraph shall not prohibit: (a) the use of any camera or other device used by a public author- ity for the enforcement of the law; or (b) the maintenance of a camera in the entrance area of premises for security purposes only. 834.2.25 Owner-notnaturalperson-licensedoperatoronpremises Where the owner of a body-rub parlour is not an individual person, there must be one or more licensed operators, who is or are individual persons, sufficient to comply with the requirements of this Chapter. 834.2.26 Operation - by individual - only No person other than an individual person may operate a body-rub parlour. 834.2.27 Sign - in lobby - content Every owner shall post and maintain in the lobby or entrance of the body-rub parlour, in a manner that is satisfactory to the Licensing Officer, a sign which provides as follows: "These premises are licensed as a body rub parlour by the Town of Richmond Hill. The by-law regulating these pre- mises makes it an offence for any person to provide services 834.2.22 BODY-RUB PARLOUR 834.2.27 RICHMOND HILL 834.15 FEBRUARY 2006 in a body-rub parlour that are designed to appeal to erotic or sexual appetites or inclinations." 834.2.28 Applicable - to all lands - premises - within Town The provisions of this Chapter shall apply to all lands and premises within the Town. 834.2.29 Notice - materials - when deemed served Wherever notice or any document is required to be provided to any person pursuant to this Chapter, service of same shall be deemed to have been ef- fected upon the mailingof the notice or document by registered mailto the last address of that person, as indicated upon the licence application or contained in other records on file with the Town, or to the last assessed business address for the person, as indicated upon the assessment roll. 834.2.30 Schedule - part of Chapter Schedule 'A' is deemed to be part of this Chapter. 834.2.31 Exemptions - medical - therapeutic - health care The provisions of this Chapter are not applicable in relation to activities being medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario. Article 3 REQUIREMENT FOR LICENCE 834.3.1 Licence - property of Town No person shall enjoy a vested right in the continuance of a licence and the value of a licence shall be the property of the Town and shall remain so, ir- respective of the issuance, renewal or revocation thereof. 834.3.2 Name - use - as licensed - only No person licensed to carry on any trade, calling, business or occupation pursuant to this Chapter may advertise or promote or carry on such trade, calling, business or occupation under any name other than the name en- dorsed upon his or her licence. 834.3.3 Expiry Every licence issued under this Chapter, unless expressed to be for a shorter or longer time, shall provide for a term terminating December 31 in the year of issuance, unless revoked or otherwise terminated under this Chapter, prior to that date. 834.2.28 BODY-RUB PARLOUR 834.3.3 FEBRUARY 2006 834.16 RICHMOND HILL 834.3.4 Transfer - sale - of licence - prohibited No licence shall be transferred or assigned, and if an owner or operator sells, leases or otherwise disposes of his or her interest in the business, the licence and all rights granted thereunder shall terminate. 834.3.5 Location - endorsed on licence Every body-rub parlour licence shall have endorsed thereon the location of the body-rub parlour and such endorsement shall be for one location only and such licence shall be valid only for the location endorsed thereon. Article 4 APPLICATION 834.4.1 Application - in person - before Licensing Officer Every applicant for a body-rub parlour owner or operator licence shall ap- pear in person before a Licensing Officer and shall complete such licence application forms as may be provided from time to time by the Licensing Officer in accordance with the requirementsof this Chapter, and shall pro- vide all information requested thereon, and shall furnish to the Licensing Officer such information as the Council may direct or the Licensing Officer require. 834.4.2 Application-bypartnership-corporation-requirements In the case of a body-rub parlour owned by a partnership, such appearance required under Section 834.4.1 shall be made by one of the partners pro- vided the application shall be signed by all of the partners, and in the case of a body-rub parlour owned by a corporation, such appearance shall be made by an officer of the corporation and not by an agent thereof. 834.4.3 Application - photographs provided Every applicant for a body-rub parlour owner or operator licence, where such person is an individual person, shall provide two passport-size facial photographs, which must be taken within thirty days prior to the licence application. Where such person is a corporation, such photographs shall be taken of an officer of the corporation. Where the applicant is a partner- ship, such photograph shall be taken of one of the partners. 834.4.4 Attendant-application-letterofprospectiveemployment Every applicant for an attendant's licenceshallprovide a letterof prospec- tive employment or engagement from the owner or operator of a licensed body-rub parlour. 834.3.4 BODY-RUB PARLOUR 834.4.4 RICHMOND HILL 834.17 FEBRUARY 2006 834.4.5 Attendant - medical certificate - re-examination Every applicant for an attendant's licence shall provide the Licensing Of- ficer with a medical certificate from a physician qualified to practice med- icine in the Province of Ontario, dated within thirty days of the date of the application, indicating that the applicant is free from communicable or transmissible diseases and shall submit to such tests in relation to commu- nicable or transmissible diseases as the Medical Officer of Health may require. 834.4.6 Fee - payment upon application At the time of submission of every application for a licence pursuant to this Chapter, the applicant shall pay to the Town the fee set forth in Chap- ter 684 [Tariff of Fees], provided such fee shall not be reduced in the event that the period for which the licence is granted is less than one year. 834.4.7 Receipt of application - fee - not deemed approval Receipt of the application or the licence fee by the Licensing Officer shall not represent approval of the application for the issuance of a licence, nor shall it obligate the Licensing Officer to issue such licence. 834.4.8 Partnership - statutory declaration - requirement 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; (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 body-rub parlour or the control or management of same; 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, or any per- 834.4.5 BODY-RUB PARLOUR 834.4.8 FEBRUARY 2006 834.18 RICHMOND HILL son who in fact receives such income, revenue or benefit, and the terms upon such interest or right is conferred. 834.4.9 Partner - a corporation - conditions If any member of a partnership applying for a licence is a corporation, such corporation shall be deemed to be applying for an owner's licence, and the applicant shall comply with the requirements of this Chapter with respect to a corporate applicant, as well as those relating to a partnership application. 834.4.10 Corporation - statutory declaration - requirement 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, a copy of its articles of incorporation or other incorporating documents and shall file a statutory declaration, in writing, signed by an officer of the corporation, which declaration shall state: (a) the full name of every shareholder and director and the ad- dress 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 and directors of the corporation; (d) the mailing address for the corporation; (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 body-rub parlour or the control or management of same, and the terms upon which such interest or right is conferred; (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) that the officer has the right to bind the corporation. 834.4.11 Licensing Officer - duties The Licensing Officer shall, subject to Article 12: 834.4.9 BODY-RUB PARLOUR 834.4.11 RICHMOND HILL 834.19 FEBRUARY 2006 (a) receive and process all applications for licences and renewal of licences to be issued under this Chapter; (b) coordinate the administration and enforcement of this Chap- ter; (c) perform all the administrative functions conferred upon him or her by this Chapter; (d) make or cause to be made a circulation respecting each appli- cation, which shall include circulation of the licence applica- tion to the Medical Officer of Health and municipal and provincial Police Departments for comment; (e) make such inquiries and inspections and obtain and review such information and documents relevant to the application as the Licensing Officer considers necessary for the proper pro- cessing of the application, and to determine whether an appli- cant meets the requirements of this Chapter and all applicable laws; (f) issue licences to persons who, in the opinion of the Licensing Officer comply in full, and will comply in full, with the re- quirements of this Chapter, and may suspend licences pursu- ant to the requirements of this Chapter; and (g) where a licence has been issued pursuant to this Chapter and otherwise remains in full force and effect, renew the licences of persons who meet the requirements of this Chapter. 834.4.12 Investigation of applicant - by Licensing Officer By the making of an application for a licence pursuant to this Chapter, ev- ery applicant shall agree that a Licensing Officer may make such inquiries and seek and obtain such information or records as the Licensing Officer should see fit as relevant to the processing of the application and whether or not such licenceshould 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. 834.4.13 Additional requirements - Council direction 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. 834.4.12 BODY-RUB PARLOUR 834.4.13 FEBRUARY 2006 834.20 RICHMOND HILL Article 5 SIGNS - ADVERTISEMENTS 834.5.1 Compliance-signby-law-additionalrequirement-setout In addition to compliance with the Town's sign by-law [Chapter 740, Signs], as amendedfromtimeto time,no person mayerector maintainany sign or other device advertising a body-rub parlour, except in accordance with the additional regulations as set out in Sections 834.5.2 through 834.5.5 inclusive. 834.5.2 Sign types - prohibited No person shall erect or maintain any of the following signs or other ad- vertising devices in respect of a body-rub parlour or in respect of any ser- vices provided at a body-rub parlour: an awning sign; a canopy sign; a projecting sign; an inflatable sign; a portable sign; a trailer sign; a ground or pylon sign; a sandwich board sign. 834.5.3 Poster - flyer - handbill - circulation - prohibited No person shall circulate, post, distribute or cause to be circulated, posted, or distributed any poster, flyer, handbill or other form of printed sign or advertising device on or at any premises or locations, other than the body-rub parlour, with the exception of advertising located in a newspa- per or telephone directory. 834.5.4 Sign - not visible to outside - permitted Nothing in this Chapter shall be deemed to constrain any person from erecting or maintaining any sign or other advertising device on any inte- rior wall of a body-rub parlour, provided the content of such sign is not visible from the exterior of the body-rub parlour. 834.5.5 Letter - marking - symbol - picture - restriction No person may erect or maintain any sign or other advertising device in respect of a body-rub parlour which includes any letters, markings, sym- bols, pictures or representations, except the name of the body-rub parlour as recorded on the application for licence, and any logo or symbol, pro- vided a copy of such logo or symbol is filed with the Licensing Officer as part of the licensing process. Article 6 DESIGN OF PREMISES 834.6.1 Compliance - regulations - set out No person may engage in business as an owner or operator of a body-rub parlour, except in accordance with the regulations set out in Sections 834.6.2 through 834.6.15 inclusive. 834.5.1 BODY-RUB PARLOUR 834.6.1 RICHMOND HILL 834.21 FEBRUARY 2006 834.6.2 Floor plan - provided - rooms designated The owner or operator shall provide the Licensing Officer with a floor plan showing the designated room or rooms for the provision of body-rubs and no person may provide body-rubs in any other room, cubi- cle, enclosure or partitioned area located within the body-rub parlour, nor in a room designated as an office or storage room pursuant to Section 834.6.4. 834.6.3 Floor plan - amendment - prior approval required In the event that the owner or operator wishes to amend the floor plan, he or she shall first file with the Licensing Officer a copy of the amended floor plan and shall not proceed to make such alterations without first ob- taining the approval of the Licensing Officer, and any permit or other ap- proval required by law. 834.6.4 Locking device - on room - prohibited Save and except for one room designated by the owner or operator for use as an office and one room designated by the owner or operator as a storage room, every owner or operator shall ensure that no means of access to any room, cubicle, enclosure or partitioned area in a body-rub parlour is equipped or constructed with a locking device of any kind or with any other device or structure which could delay or hinder anyone from enter- ing, leaving, or obtaining access to such area. 834.6.5 Entrance - unlocked - during hours of operation During the hours of operation of a body-rub parlour the owner or operator shall ensure that the principal means of access into the body-rub parlour shall be kept unlocked and available so that anyone coming into the body-rub parlour may enter therein without hindrance or delay. 834.6.6 Premise - use of dwelling - contained bed - prohibited No premises or part thereof used as a body-rub parlour shall be used as a dwelling or for sleeping purposes or contain therein any bed or other fur- niture which is commonly used or which may be used for sleeping pur- poses. 834.6.7 Window - required - observation - body-rubs Every room, designated for the provision of body-rubs pursuant to Sec- tion 834.5.2, shall be equipped with a window to permit observation by third parties from outside such room of the provision of all body-rubs. 834.6.8 Ventilation - lighting - adequate Every body-rub parlour shall be provided with adequate ventilation and with lighting that is adequate to ensure visibility and that is uniformly dis- tributed throughout the premises. 834.6.2 BODY-RUB PARLOUR 834.6.8 FEBRUARY 2006 834.22 RICHMOND HILL 834.6.9 Fixtures - equipment - washed regularly - sanitary Every body-rub parlour and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition. 834.6.10 Utility - sink - required Every body-rub parlour shall be equipped with an effective utility sink. 834.6.11 Toilet washroom accommodation - adequate Adequate toilet and washroom accommodation shall be provided in ac- cordance with the regulations set forth under applicable legislation of the Province of Ontario, and there shall be separate such rooms for males and females. 834.6.12 Washroom - 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; (c) hot air dryers or individual towels in a suitable container or dispenser; and (d) a suitable receptacle for used towels and waste material. 834.6.13 Shower-bathroom - sauna-bathroom - requirements In any shower-bathroom, and in any sauna-bathroom: (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; and (d) floor surfaces both within and without the enclosures shall be of non-slip type. 834.6.14 First-aid kit - required Every owner and operator shall provide and maintain at all times within the body-rub parlour a first-aid kit, equipped in a manner satisfactory to the Medical Officer of Health. 834.6.15 Building - complying with Code - drawings provided Every body-rub parlour shall be constructed in accordance with the On- tario Building Code, as amended, and every applicant for an owner's licence shall provide the Licensing Officer with such drawings as may be required to assess compliance in this regard. 834.6.9 BODY-RUB PARLOUR 834.6.15 RICHMOND HILL 834.23 FEBRUARY 2006 Article 7 HOURS OF OPERATION 834.7.1 Times - specified Despite Section 834.2.31, no body-rub parlour shall be open to the public, and no services shall be provided in any such body-rub parlour, except be- tween the hours of 7:00 a.m. and 11:00 p.m. of the same day. 834.7.2 Times - employees - compliance Every owner and operator of any body-rub parlour or premises referred to in Section 834.7.1, shall comply with and ensure compliance by every op- erator and attendant and all other persons employed in such body-rub parlour or premises with the requirements of that Section. 834.7.3 Operation - during regular hours - only No person shall provide a body-rub, or any other service in a body-rub parlour or any other premises referred to in Section 834.7.1 except within the hours in which such premises are authorized to be open to the public pursuant to Section 834.7.1. Article 8 LOCATION RESTRICTION - LIMITATION ON NUMBER 834.8.1 Location - distance from - residential - public institutions No person may own or operate a body-rub parlour: (a) within 500 metres (1640 feet) of any residential zone in exis- tence when the application for licence is submitted to the Li- censing Officer; (b) within 500 metres (1640 feet) of any school, church or child daycare centre in existence when the application for licence is submitted to the Licensing Officer. 834.8.2 Limitation - maximum 10 parlours - in Town Subject to Section 834.8.3, the number of body-rub parlours which may be licensed within the Town shall be limited to 10. 834.8.3 Operation ceased - licence revoked - total reduced Should any premises licensed pursuant to this Chapter cease to be used for the purpose of a body-rub parlour, any licence issued under this Chapter may be revoked or otherwise terminated, no renewal or further such licence shall be issued and the total number of licences authorized under this Article shall be decreased by one, provided that the number of licen- ces shall at no time be reduced to fewer than two, by operation of this Section. 834.7.1 BODY-RUB PARLOUR 834.8.3 FEBRUARY 2006 834.24 RICHMOND HILL 834.8.4 Compliance - Zoning By-laws No person may own or operate a body-rub parlour in, at or upon any pre- misesexcept upon such lands as maybe rezoned by Council upon applica- tion for rezoning to specifically permit the use of a body-rub parlour and otherwise, pursuant to applicable zoning by-laws permitting health cen- tres as defined therein. Article 9 CHANGE OF STATUS 834.9.1 Report to Licensing Officer - within five days Where there is any change in any of the particulars in respect of any infor- mation or documentation relating to a person licensed under this Chapter, which are required to be provided to the Town under this Chapter or are so provided, such person shall report the change to the Licensing Officer within five days of the change. 834.9.2 Partnership - change in controlling interest - approval Where there is to be a change in the composition or the controlling interest of a partnership licensed under this Chapter, the persons licensed hereun- der in partnership shall obtain the prior approval of the Licensing Officer to such change. Where there has been any change in the controlling inter- est of the partnership by virtue of a number of transactions, the licence may be suspended, despite the Licensing Officer's prior approval of any one or more such transactions. 834.9.3 Corporation - change in controlling interest - approval Where there is to be a change in the composition or the controlling interest of the shareholders of a corporation licensed under this Chapter, the cor- poration shall obtain the prior approval of the Licensing Officer to such change. Where there has been any change in the controlling interest of the corporation by virtue of a number of transactions, the licence may be sus- pended, despite the Licensing Officer's prior approval of any one or more such transactions. Article 10 REPORT TO COUNCIL 834.10.1 Report to Council 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 12 of this Chapter, the Commissionershall, 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. 834.8.4 BODY-RUB PARLOUR 834.10.1 RICHMOND HILL 834.25 FEBRUARY 2006 Article 11 LICENCE NON-TRANSFERABLE WITHOUT COUNCIL APPROVAL 834.11.1 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 12 GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE 834.12.1 Licence - entitlement An applicant is entitled to be licensed and a licensee is entitled to have his licence renewed. 834.12.2 Licence refused - financial position Notwithstanding Section 834.12.1, a licence may not be issued or re- newed where, having regard to his financial position, the applicant or li- censee cannot reasonably be expected to be financially responsible in the conduct of the business which is to be licensed or is licensed. 834.12.3 Licence refused - past conduct of applicant Notwithstanding Section 834.12.1, a licence may not be issued or re- newed where the past or current conduct of the applicant or licensee af- fords reasonable grounds for the belief that the applicant or licensee will not carry on the activityfor which he or she is to be licensed, in accordance with law and with integrity and honesty. 834.12.4 Licence refused - contrary to public interest Notwithstanding Section 834.12.1, 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. 834.12.5 Licencerefused-activitiesincontraventionofthisChapter Notwithstanding Section 834.12.1, a licence may not be issued or re- newed where there are reasonable grounds for belief that the carrying on of the trade, calling, business or occupation in respect of the body-rub parlour by the applicant or licence holder has resulted or will result in a contravention of this Chapter or any other applicable law. 834.11.1 BODY-RUB PARLOUR 834.12.5 FEBRUARY 2006 834.26 RICHMOND HILL 834.12.6 Licence refused - use of premises Notwithstanding Section 834.12.1, 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. 834.12.7 Licence refused - applicant provides false information Notwithstanding Section 834.12.1, 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. 834.12.8 Licencerefused-informationprovidednolongeraccurate Notwithstanding Section 834.12.1, 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. 834.12.9 Licence refused - fee not paid Notwithstanding Section 834.12.1, a licence may not be issued or re- newed where the fee payable in respect of the licence applied for has not been paid. 834.12.10 Licence refused - applicant - non-compliant Notwithstanding Section 834.12.1, 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. 834.12.11 Licence refused - applicant is corporation Notwithstanding Section 834.12.1, a licence may not be issued or re- newed where if the applicant or licensee is a corporation: (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 and with integ- rity and honesty; 834.12.6 BODY-RUB PARLOUR 834.12.11 RICHMOND HILL 834.27 FEBRUARY 2006 (c) there are reasonable grounds for the belief that the premises, accommodations, equipment or facilities in respect of which the licence is required do not comply with the provisions of this Chapter or any other applicable law; (d) the conduct of the applicant or licence holder or other related circumstances afford reasonable grounds for the belief that the carrying on of the trade, calling, business or occupation in respect of the premises for which the licence is sought by the applicant or any other person would infringe the rights, or en- danger the health or safety of other members of the public; (e) the issuance of the licence or renewal of the licence would be contrary to the public interest; or (f) it is carrying on activities that are, or will be, if the applicant is licensed, in contravention of this Chapter. Article 13 COUNCIL'S POWER TO REFUSE TO ISSUE OR RENEW A LICENCE 834.13.1 Council's power to refuse to issue or renew a licence 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 12. Article 14 REFUND OF FEE ON REFUSAL TO ISSUE OR RENEW A LICENCE 834.14.1 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 15 ISSUANCE OF A LICENCE ON TERMS AND CONDITIONS 834.15.1 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 834.22.1 of this Chapter. 834.13.1 BODY-RUB PARLOUR 834.15.1 FEBRUARY 2006 834.28 RICHMOND HILL Article 16 COUNCIL'S POWER TO REVOKE OR SUSPEND A LICENCE 834.16.1 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 10 of this Chapter. 834.16.2 Suspension - Licensing Officer authority - conditions The Licensing Officer may suspend a licence where there are reasonable grounds to believethatsuch isrequired to prevent a breach of the Chapter. 834.16.3 Suspension - effective - upon service of written notice A suspension under Section 834.16.2 shall take effect upon service of written notice thereof to the licensee, or upon the delivery of written no- tice to the business premises of the licensee at the address shown on the Town's records. 834.16.4 Suspension - in effect fifteen days A suspension under Section 834.16.2 shall remain in effect for no more than fifteen days from the date of service of the notice under Section 834.16.3. 834.16.5 Suspension - report to Council - recommendation Following suspension of a licence under Section 834.16.2, the Licensing Officer shall prepare a written report to the Council advising of the sus- pension and: (a) recommending that the Licence Hearings Committee hold a hearing to determine whether the suspension should continue, or be terminated, and whether the Committee should give con- sideration to whether or not the licence should be revoked or otherwise dealt with pursuant to this Chapter; or (b) recommending reinstatement of the licence on the basis that the conditions leading to the suspension have been remedied; or (c) recommending that no action be taken upon the termination of the suspension. 834.16.1 BODY-RUB PARLOUR 834.16.5 RICHMOND HILL 834.29 FEBRUARY 2006 Article 17 REFUND OF FEE ON REVOCATION OF A LICENCE 834.17.1 Licence revoked - refund of fee When a licence is revoked under Section 834.16.1, 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. 834.17.2 Refund of fee - not applicable The provisions of Section 834.17.1 do not apply when the unexpired part of the term is less than four months. Article 18 CANCELLATION OF A LICENCE 834.18.1 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 19 APPEALS TO THE LICENCE HEARINGS COMMITTEE 834.19.1 Licence refused - recommendation to Council When an applicant or a licensee is not entitled to be licensed or to have his licence renewed for any of the grounds set out in Article 12, the Licensing Officer shall recommend to Council that Council shall refuse to issue or renew the licence, or that Council suspend or revoke the licence, or, sub- ject to Section 834.15.1, that Council issue a licence on terms and conditions. 834.19.2 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. 834.19.3 Written notice - contents The written notice to be given under Section 834.19.2, shall: (a) set out the grounds for the recommendation; (b) give reasonable particulars of the grounds; (c) be signed by the Licensing Officer; 834.17.1 BODY-RUB PARLOUR 834.19.3 FEBRUARY 2006 834.30 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 20 NOTICE OF HEARING 834.20.1 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 21 SERVICE OF WRITTEN NOTICE 834.21.1 Written notice - service The written notice referred to in Sections 834.19.2, and 834.19.3, 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. 834.21.2 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 control, receive the written notice until a later date. Article 22 HEARING BEFORE THE LICENCE HEARINGS COMMITTEE 834.22.1 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 Committee may proceed with the hearing in his absence and the applicant or licensee shall not be entitled to any further notice of the proceedings. 834.20.1 BODY-RUB PARLOUR 834.22.1 RICHMOND HILL 834.31 FEBRUARY 2006 834.22.2 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. Article 23 COUNCIL AUTHORITY AFTER THE HEARING 834.23.1 Council - decision final 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 24 RETURN OF THE LICENCE AFTER REVOCATION OR SUSPENSION 834.24.1 Licencerevoked-suspended-returned-LicensingOfficer 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. 834.24.2 Licence revoked - Licensing Officer to obtain licence When a person has had his licence revoked or suspended under this Chap- ter 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 Sec- tion 834.24.1. Article 25 TRANSITION 834.25.1 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. 834.22.2 BODY-RUB PARLOUR 834.25.1 FEBRUARY 2006 834.32 RICHMOND HILL Article 26 SEVERABILITY 834.26.1 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 27 ENFORCEMENT 834.27.1 Fine - for contravention Any person who contravenes any provision of this Chapter, including ev- ery person who fails to perform a duty imposed herein or who performs an act prohibited herein, and every director or officer of a corporation who concurs in such a contravention by the corporation is guilty of an offence and, upon conviction pursuant to the provisions of the Provincial Of- fences Act, as amended, is liable to: (a) a penalty in the case of persons, other than a corporation, not to exceed $25,000 or imprisonment for a term not exceeding one year, or to both; (b) a penalty in the case of a corporation, not to exceed $50,000; (c) an order closing the body-rub parlour, which is the subject of the contravention, for a period not to exceed two years, in ac- cordance with the provisions of section 432 of the Municipal Act, 2001, c. 25; and (d) an order pursuant to the provisions of section 442 of the Mu- nicipal Act, 2001, c. 25, prohibiting the continuation or repeti- tion of the offence; (e) that the Schedule of Fines set out in Schedule 'A' be estab- lished under Part 1 of the Provincial Offences Act. 834.27.2 False information - statements - deemed violation The making of a false or intentionally misleading recital of fact, statement or representation in any agreement, statutory declaration or application form required by this Chapter is prohibited, and shall be deemedto be a vi- olation of the provisions of this Chapter. 834.26.1 BODY-RUB PARLOUR 834.27.2 RICHMOND HILL 834.33 JULY 2011 834.27.3 Compliance - all persons - licensed or not Every person shall comply with the provisions of this Chapter, which are applicable to him or her, whether or not he or she is licensed under this Chapter. 834.27.4 Documentation - inspection - during operation Every owner, operator and attendant shall, during the operating hours of the body-rub parlour and at all times when services are provided therein, make available for inspection by the Licensing Officer, a Peace Officer, a Medical Officer of Health, a Provincial Offences Officer or a By-law En- forcement Officer the original of any document or record referred to in this Chapter. 834.27.5 Entry - inspection - permitted - during operation Every owner and every operator of a body-rub parlour shall, at all times, whether or not during the hours of operation of the body-rub parlour or when body-rubs are being provided atthe body-rub parlour, permitthe en- try by and the inspection of the body-rub parlour by a By-law Enforce- ment Officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. 834.27.6 Obstruction - hindrance - entry - inspection - prohibited No person mayobstruct or hinder the entry or the inspection of a body-rub parlour or any part thereof by a By-law Enforcement Officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. Article 28 REPEAL - ENACTMENT 834.28.1 By-law - previous Chapter 834 of the Town of Richmond Hill Municipal Code respecting Adult Entertainment Establishments - Subcategory - Body Rub Parlours be repealed in its entirety and replaced with the new Chapter 834. By-law 205-02 be repealed. By-law 193-05, 12 December, 2005; By-law 78-11, 11 July, 2011. 834.27.3 BODY-RUB PARLOUR 834.28.1 JULY 2011 834.34 RICHMOND HILL SCHEDULE Schedule 'A" - Short form wordings - fines Column 1 Column 2 Column 3 Item Description of Offence Provision Creat- ing or Defining Of- fence Set Fine - Includ- ing Costs 1 Owner or Operator, Operate Body Rub Parlour without Owner or Op- erator's Licence. 834.2.1 $400 2 Carry on business as an owner of a Body Rub parlour - no licence 834.2.2 $400 3 Carry on business as an operator or attendant of a body rub parlour without licence. 834.2.3 $400 4 Provide services designed to ap- peal to erotic/sexual appetites. 834.2.5 $400 5 Provide services in a body rub parlour to person under the age of eighteen years; 834.2.7 $400 6 Permit a person under the age of eighteen years to enter, or remain in a body rub parlour; 834.2.8 $400 7 Fail to post a sign indicating that no person under the age of eighteen years may enter or remain in such premises; 834.2.9 $400 8 Owner or operator permit body rub parlour to be open for business without owner/operator present; 834.2.12 $400 9 Owner or operator, permit intoxi- cated person to enter or remain in a body-rub parlour 834.2.13 $400 10 Owner or operator fail to post licence. 834.2.14 $400 Note: The penalty provision for the offences indicated above is contained in section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33. By-law 193-05, 12 December, 2005; Schedule 'A'. BODY-RUB PARLOUR RICHMOND HILL 834.35 FEBRUARY 2006