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Licence---Body-Rub-Parlour.pdf"
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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