Bylaw No. 9011 - The Adult Services Licensing Bylaw, 2012
Saskatoon, Saskatchewan
· adopted 2012-03-12
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Bylaw No. 9011
The Adult Services Licensing Bylaw, 2012
Codified to Bylaw No. 9963
(April, 24, 2024)
BYLAW NO. 9011
The Adult Services Licensing Bylaw, 2012
Whereas under the provisions of clause 8(1)(b) of The Cities Act, S.S. 2002,
c. C-11.1, a city has the general power to pass any bylaws that it considers expedient in
relation to the safety, health and welfare of people and the protection of people and
property;
And whereas under the provisions of clause 8(1)(h) of The Cities Act, a city has
the general power to pass any bylaws that it considers expedient in relation to
businesses, business activities and persons engaged in business;
And whereas under the provisions of subsection 8(3) of The Cities Act, the power
to pass bylaws includes the power to:
-
regulate or prohibit;
-
provide for a system of licences, inspections, permits or approvals;
-
establish fees for the licence;
-
prohibit any business until a licence has been granted or an inspection
performed;
-
impose terms and conditions on any licence;
-
impose conditions that must be met before a licence is granted or
renewed;
-
provide for the duration of licences and their suspension or cancellation for
failure to comply with a term or condition of the bylaw or for any other
reason specified in the bylaw; and
-
provide for an appeal, the body that is to decide the appeal and related
matters;
And whereas The City of Saskatoon desires to pass a bylaw to license persons
engaged in the business of supplying adult services;
And whereas The City of Saskatoon recognizes Parliament's jurisdiction to
regulate in the field of Criminal Law and that the City has limited jurisdiction to deal with
such matters;
Page 2
And whereas The City of Saskatoon has no intention to abrogate or license any
activity intended to be a "sexual service" under the Criminal Code;
Now therefore The City of Saskatoon enacts:
Short Title
1.
This Bylaw may be cited as The Adult Services Licensing Bylaw, 2012.
Definitions
2.
In this Bylaw,
(a)
"adult service" means any service of an adult nature appealing to or
designed to appeal to erotic or sexual appetites or inclinations.
In this definition:
(i)
"service" includes activities, facilities, performances,
exhibitions, viewing and encounters; and
(ii)
"services designed to appeal to erotic or sexual appetites or
inclinations" includes;
(A)
acting as an escort, companion, guide or date;
(B)
modelling lingerie;
(C)
performing a striptease or similar dance; and
(D)
performing a body rub;
(a.1) "adult entertainment venue" means an adult entertainment venue
within the meaning of the Zoning Bylaw No. 8770;
(b)
"adult service agency" means a business which offers to arrange or
arranges the supply of adult services;
(c)
"adult service performer" means a person who:
(i)
is employed by, affiliated with or contracted by an adult
service agency to perform an adult service on behalf of the
agency; or
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(ii)
is paid to perform an adult service in an adult entertainment
venue;
(d)
"adult service worker" means a person who is employed by an adult
service agency in a capacity other than as an adult service
performer;
(e)
"alternative medical treatment" means a healing practice intended
to improve the health and well-being of the person receiving the
treatment, that does not fall within the realm of conventional
medicine, provided it is given by a person with demonstrated
qualifications, and includes:
(i)
acupuncture and other traditional Chinese medicine;
(ii)
aromatherapy;
(ii)
chiropractic manipulation;
(iv)
reflexology; and
(v)
Reiki;
but does not include:
(vi)
a body-rub as defined in this Bylaw;
(f)
"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:
(i)
medical or therapeutic treatment given by a person with
demonstrated qualifications to perform the treatment; or
(ii)
alternative medical treatment given by a person with
demonstrated qualifications to perform the treatment;
(g)
"business" means a business within the meaning of The Cities Act;
(h)
"City" means The City of Saskatoon;
(i)
"independent adult service agency" means any adult service
business which is owned, operated and serviced by one adult
service performer;
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(j)
"out-call" means attending at the premises of the customer to
provide services;
(k)
"person" means an individual, proprietorship, partnership,
corporation, association, or other legal entity;
(l)
"specified criminal activity" means any of the offences listed in
Schedule "A" for which less than two years have elapsed since the
date of conviction or the date of release from confinement imposed
for the conviction, whichever is the later date;
(m)
"transient adult service performer" means an adult service
performer that does not reside or maintain a place of business in
the City; and
(n)
"transient independent adult service agency" means an adult
service agency which is owned, operated and serviced by one
person that does not maintain a permanent residence or place of
business in the City.
Licence Required
3.
(1)
No person shall carry on the business of an adult service agency, an
independent adult service agency, a transient independent adult service
agency, an adult service performer, a transient adult service performer, or
an adult service worker without having a valid and subsisting licence
pursuant to the provisions of this Bylaw.
(2)
If the owner of a licensed adult service agency personally performs an
adult service on behalf of the agency, in addition to the licence for the
agency, the owner must hold a valid adult service performer licence.
Licensing Requirements - Adult Service Agency
4.
(1)
Before any person may operate an adult service agency, a written
application must be made to the City for an adult service agency licence.
(2)
An adult service agency licence may not be issued to:
(a)
an individual under the age of 18 years;
(b)
a partnership with any partner under the age of 18 years; or
(c)
a corporation with any director or officer under the age of 18 years.
Page 5
(3)
Every application for the issue or renewal of an adult service agency
licence must be in a form prescribed by the City and must contain at least
the following information regarding the applicant:
(a)
if the applicant is an individual:
(i)
family name and all given names;
(ii)
date of birth;
(iii)
current address and telephone number;
(iv)
acceptable written proof of the applicant's identity and age
(e.g. Canadian citizenship card, Canadian or foreign
passport, or driver's licence). The identification must:
(A)
include a photograph;
(B)
be government issued;
(C)
be original, not a copy of the document;
(D)
indicate a unique identification number; and
(E)
be valid (i.e., current). An expired licence or passport
is not acceptable.
(v)
written proof of the applicant's Canadian citizenship or
residency status; and
(vi)
a criminal record check;
(b)
if the applicant is a partnership:
(i)
the family name and all given names for each partner;
(ii)
the date of birth for each partner;
(iii)
the current address and telephone number for each partner;
(iv)
acceptable written proof of each partner's identity and age
(e.g. Canadian citizenship card, Canadian or foreign
passport, or driver's licence). The identification must:
(A)
include a photograph;
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(B)
be government issued;
(C)
be original, not a copy of the document;
(D)
indicate a unique identification number; and
(E)
be valid (i.e., current). An expired licence or passport
is not acceptable;
(v)
written proof of Canadian citizenship or residency status for
each partner; and
(vi)
a criminal record check for each partner;
(c)
if the applicant is a corporation:
(i)
the legal name of the corporation;
(ii)
the corporate entity number;
(iii)
the family name, all given names and the date of birth for
each director;
(iv)
the family name, all given names and the date of birth for
each officer;
(v)
acceptable written proof of the principal managing
employee's identity and age (e.g. Canadian citizenship card,
Canadian or foreign passport, or driver's licence). The
identification must:
(A)
include a photograph;
(B)
be government issued;
(C)
be original, not a copy of the document;
(D)
indicate a unique identification number; and
(E)
be valid (i.e., current). An expired licence or passport
is not acceptable;
(v)
written proof of Canadian citizenship or residency status for
the principal managing employee; and
(vi)
a criminal record check for the principal managing employee;
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(d)
for all applicants:
(i)
the complete legal name and current licence number of each
adult service performer working for the adult service agency
whether by direct employment, independent contract, or
otherwise;
(ii)
the complete legal name and current licence number of each
adult service worker working for the adult service agency
whether by direct employment, independent contract or
otherwise;
(iii)
the business address of the agency;
(iv)
the business telephone numbers used by the agency
including, but not limited to, cellular telephones, digital
telephones, pagers and facsimile lines;
(v)
all names used by the agency;
(vi)
all electronic mail addresses used by the agency; and
(vii)
all internet computer addresses used by the agency.
(4)
Every application for the issue or renewal of an adult service agency must
be personally signed by:
(a)
the individual named in the application;
(b)
each partner named in the application; or
(c)
each director of a corporation named in the application,
as the case may be.
Licensing Requirements - Independent Adult Service Agency
5.
(1)
Before any person may operate an independent adult service agency, a
written application must be made to the City for an independent adult
service agency licence.
(2)
An independent adult service agency licence may not be issued to:
(a)
an individual under the age of 18 years;
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(b)
a partnership; or
(c)
a corporation with any shareholder, director or officer under the age
of 18 years.
(3)
An independent adult service agency licence may only be issued to an
individual if that individual is the only person performing adult services on
behalf of that agency.
(4)
An independent adult service agency licence may only be issued to a
corporation if the only person performing adult services on behalf of that
agency is the sole shareholder, director and officer of that corporation.
(5)
Every application for the issue or renewal of an independent adult service
agency licence must be in a form prescribed by the City and must contain
at least the following information regarding the applicant:
(a)
if the applicant is an individual:
(i)
family name and all given names;
(ii)
date of birth;
(iii)
current address and telephone number;
(iv)
acceptable written proof of the applicant's identity and age
(e.g. Canadian citizenship card, Canadian or foreign
passport, or driver's licence). The identification must:
(A)
include a photograph;
(B)
be government issued;
(C)
be original, not a copy of the document;
(D)
indicate a unique identification number; and
(E)
be valid (i.e., current). An expired licence or passport
is not acceptable;
(v)
written proof of Canadian citizenship or residency status;
and
(vi)
a criminal record check;
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(b)
if the applicant is a corporation:
(i)
the legal name of the corporation;
(ii)
the corporate entity number;
(iii)
the family name, all given names and the date of birth for the
sole shareholder, director and officer;
(iv)
acceptable written proof of the identity and age of the sole
shareholder, director and officer (e.g. Canadian citizenship
card, Canadian or foreign passport, or driver's licence). The
identification must:
(A)
include a photograph;
(B)
be government issued;
(C)
be original, not a copy of the document;
(D)
indicate a unique identification number; and
(E)
be valid (i.e., current). An expired licence or passport
is not acceptable;
(v)
written proof of Canadian citizenship or residency status of
the sole shareholder, director and officer; and
(vi)
a criminal record check of the sole shareholder, director and
officer;
(c)
for all applicants:
(i)
the complete legal name and current licence number of each
adult service worker working for the independent adult
service agency whether by direct employment, independent
contract, or otherwise;
(ii)
the business address of the agency;
(iii)
the business telephone numbers used by the agency
including, but not limited to, cellular telephones, digital
telephones, pagers and facsimile lines;
(iv)
all names used by the agency;
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(v)
all electronic mail addresses used by the agency; and
(vi)
all internet computer addresses used by the agency.
(6)
Every application for the issue or renewal of an independent adult service
agency must be personally signed by:
(a)
the individual named in the application; or
(b)
the sole shareholder, director and officer of the corporation,
as the case may be.
Licensing Requirements - Transient Independent Adult Service Agency
5.1
(1)
Before any person may operate as a transient independent adult service
agency, a written application must be made to the City for a transient
independent adult service agency licence.
(2)
A transient independent adult service agency licence may not be issued
to:
(a)
an individual under the age of 18 years;
(b)
a partnership; or
(c)
a corporation with any shareholder, director or officer under the age
of 18 years.
(3)
A transient independent adult service agency licence may only be issued
to an individual if that individual is the only person performing adult
services on behalf of that agency and that person does not maintain a
permanent residence or place of business in the City.
(4)
A transient independent adult service agency licence may only be issued
to a corporation if the only person performing adult services on behalf of
that agency is the sole shareholder, director and officer of that corporation
and that person does not maintain a permanent residence or place of
business in the City.
(5)
Every application for the issue or renewal of a transient independent adult
service agency licence must be in a form prescribed by the City and must
contain at least the following information regarding the applicant:
Page 11
(a)
if the applicant is an individual:
(i)
family name and all given names;
(ii)
date of birth;
(iii)
current address and telephone number;
(iv)
acceptable written proof of the applicant's identity and age
(e.g. Canadian citizenship card, Canadian or foreign
passport, or driver's licence). The identification must:
(A)
include a photograph;
(B)
be government issued;
(C)
be original, not a copy of the document;
(D)
indicate a unique identification number; and
(E)
be valid (i.e., current). An expired licence or passport
is not acceptable;
(v)
written proof of Canadian citizenship or residency status;
and
(vi)
a criminal record check;
(b)
if the applicant is a corporation:
(i)
the legal name of the corporation;
(ii)
the corporate entity number;
(iii)
the family name, all given names and the date of birth for the
sole shareholder, director and officer;
(iv)
acceptable written proof of the identity and age of the sole
shareholder, director and officer (e.g. Canadian citizenship
card, Canadian or foreign passport, or driver's licence). The
identification must:
(A)
include a photograph;
(B)
be government issued;
Page 12
(C)
be original, not a copy of the document;
(D)
indicate a unique identification number; and
(E)
be valid (i.e., current). An expired licence or passport
is not acceptable;
(v)
written proof of Canadian citizenship or residency status of
the sole shareholder, director and officer; and
(vi)
a criminal record check of the sole shareholder, director and
officer;
(c)
for all applicants:
(i)
the complete legal name and current licence number of each
adult service worker working for the transient independent
adult service agency whether by direct employment,
independent contract, or otherwise;
(ii)
the mailing address of the agency;
(iii)
the business telephone numbers used by the agency
including, but not limited to, cellular telephones, digital
telephones, pagers and facsimile lines;
(iv)
all names used by the agency;
(v)
all electronic mail addresses used by the agency; and
(vi)
all internet computer addresses used by the agency.
(6)
Every application for the issue or renewal of a transient independent adult
service agency licence must be personally signed by:
(a)
the individual named in the application; or
(b)
the sole shareholder, director and officer of the corporation,
as the case may be.
Page 13
Licensing Requirements - Adult Service Performer
6.
(1)
Before any person may carry on business as an adult service performer, a
written application must be made to the City for an adult service performer
licence.
(2)
An adult service performer licence may not be issued to:
(a)
an individual under the age of 18 years; or
(b)
a partnership or a corporation.
(3)
Every application for the issue or renewal of an adult service performer
licence must be in a form prescribed by the City and must contain at least
the following information regarding the applicant:
(a)
family name and all given names;
(b)
date of birth;
(c)
current address and telephone number;
(d)
acceptable written proof of the applicant's identity and age (e.g.
Canadian citizenship card, Canadian or foreign passport, or driver's
licence). The identification must:
(i)
include a photograph;
(ii)
be government issued;
(iii)
be original, not a copy of the document;
(iv)
indicate a unique identification number; and
(v)
be valid (i.e., current). An expired licence or passport is not
acceptable;
(e)
written proof of Canadian citizenship or residency status;
(f)
a criminal record check;
(g)
nicknames, aliases and other names used by the applicant; and
(h)
agency or adult entertainment venue for whom the applicant works,
whether by direct employment, independent contract, or otherwise.
Page 14
(4)
Every application for the issue or renewal of an adult service performer
must be personally signed by the individual named in the application.
Licensing Requirements - Transient Adult Service Performer
7.
(1)
Before any person may carry on business as a transient adult service
performer, a written application must be made to the City for a transient
adult service performer licence.
(2)
A transient adult service performer licence may not be issued to:
(a)
an individual under the age of 18 years; or
(b)
a partnership or a corporation.
(3)
Every application for the issue or renewal of a transient adult service
performer licence must be in a form prescribed by the City and must
contain at least the following information regarding the applicant:
(a)
family name and all given names;
(b)
date of birth;
(c)
current address and telephone number;
(d)
acceptable written proof of the applicant's identity and age (e.g.
Canadian citizenship card, Canadian or foreign passport, or driver's
licence). The identification must:
(i)
include a photograph;
(ii)
be government issued;
(iii)
be original, not a copy of the document;
(iv)
indicate a unique identification number; and
(v)
be valid (i.e., current). An expired licence or passport is not
acceptable;
(e)
written proof of Canadian citizenship or residency status;
(f)
a criminal record check;
Page 15
(g)
nicknames, aliases and other names used by the applicant; and
(h)
anticipated length of time working in the city of Saskatoon.
(4)
Every application for the issue or renewal of a transient adult service
performer must be personally signed by the individual named in the
application.
Licensing Requirements - Adult Service Worker
8.
(1)
Before any person may work as an adult service worker, a written
application must be made to the City for an adult service worker licence.
(2)
An adult service worker licence may not be issued to:
(a)
an individual under the age of 18 years; or
(b)
a partnership or a corporation.
(3)
Every application for the issue or renewal of an adult service worker
licence must be in a form prescribed by the City and must contain at least
the following information regarding the applicant:
(a)
family name and all given names;
(b)
date of birth;
(c)
current address and telephone number;
(d)
acceptable written proof of the applicant's identity and age (e.g.
Canadian citizenship card, Canadian or foreign passport, or driver's
licence). The identification must:
(i)
include a photograph;
(ii)
be government issued;
(iii)
be original, not a copy of the document;
(iv)
indicate a unique identification number; and
(v)
be valid (i.e., current). An expired licence or passport is not
acceptable;
(e)
written proof of Canadian citizenship or residency status;
Page 16
(f)
a criminal record check;
(g)
nicknames, aliases and other names used by the applicant; and
(h)
adult service business for whom the applicant works, whether by
direct employment, independent contract, or otherwise.
(4)
Every application for the issue or renewal of an adult service worker
licence must be personally signed by the individual named in the
application.
Issuance of Licence
9.
(1)
Upon the filing of a completed application for a licence pursuant to this
Bylaw, the City shall, within 60 days after the receipt of the application,
either issue a licence, with or without conditions, or issue a written notice
of intent to deny a licence, to the applicant.
(2)
The City shall approve the issuance of a licence unless one or more of the
following is found to be true:
(a)
the applicant is less than 18 years of age;
(b)
the applicant is delinquent in the payment to the City of taxes, fees,
fines, or penalties assessed against or imposed upon the applicant
in relation to an adult service business;
(c)
the applicant has failed to provide information as required by
sections 4, 5, 5.1, 6, 7 or 8 for the issuance of the licence;
(d)
the applicant has been convicted of a specified criminal activity.
The fact that a conviction is being appealed shall have no effect
under this clause. For the purpose of this Bylaw, "conviction"
means a conviction or a guilty plea; and includes a conviction of
any business entity for which the applicant had, at the time of the
offence leading to the conviction for a specified criminal activity, a
management responsibility or a controlling interest;
(e)
the applicant has an outstanding warrant for arrest or committal
under the Criminal Code, R.S.C. 1985, c. C-46, from any
jurisdiction in Canada.
Page 17
(f)
the licence application fee required by this Bylaw has not been
paid;
(g)
the applicant has falsely answered a question or request for
information on the application form; or
(h)
the proposed adult service business is located in a zoning district
other than a district in which adult service businesses are allowed
to operate under the Zoning Bylaw, or is not in compliance with the
location restrictions established for adult service businesses in the
appropriate zoning districts.
(3)
An applicant that is ineligible for a licence because of a conviction for
specified criminal activity may qualify for a licence only when the
applicable time period specified in subsection 2(l) has elapsed.
(4)
The licence, if granted, shall state on its face the name of the person or
persons to whom it is granted, the number of the licence issued to that
applicant, the expiration date, the conditions, if any, attaching to the
licence and if the licence is for an adult service agency or an independent
adult service agency, the address of the business. The adult service
agency or independent adult service agency licence shall be posted in a
conspicuous place at or near the entrance to the adult service agency or
independent adult service agency, so that it may be easily read at any
time.
(5)
In addition to the requirements under subsection (4), a licence for an
independent adult service agency, a transient independent adult service
agency, an adult service performer, a transient adult service performer or
an adult service worker shall contain a photograph of the licensee. The
licensee shall keep the licence on the licensee's person or on the
premises where the licensee is then working, and shall produce such
licence for inspection upon request by a police officer or other authorized
City official.
Conditions Attaching to Licence
10.
(1)
The City may impose any additional terms and conditions on a licence
issued pursuant to this Bylaw that are consistent with the intent of the
Bylaw where the City is satisfied that:
(a)
it is necessary to ensure compliance with any duties imposed on
the licensee pursuant to this Bylaw;
Page 18
(b)
it is necessary to ensure the integrity of the licensing scheme in the
Bylaw; and
(c)
it is appropriate and in the public interest to do so.
(2)
Every licensee shall comply with the terms, conditions and restrictions to
which the licence is subject.
No Further Licensing Required
11.
A licence issued pursuant to this Bylaw shall be a valid business licence, and
licensing under any other City bylaw shall not be required.
Fees
12.
(1)
An applicant for an adult service agency licence, an independent adult
service agency licence, a transient independent adult service agency, an
adult service performer licence, a transient adult service performer or an
adult service worker licence shall, upon filing the application, pay the initial
licence fee prescribed in Schedule "B".
(2)
A licensee who wishes to renew a licence shall, upon filing an application
for renewal of a licence, pay the annual licence renewal fee prescribed in
Schedule "B".
(3)
If the initial licence or annual licence renewal is refused, the fee paid
pursuant to subsections (1) and (2) shall be returned to the applicant.
(4)
Except as provided in subsection (3), the initial licence fee and annual
licence renewal fee are non-refundable. If a licence is suspended or
revoked, no licence fee or part thereof is refundable to a licensee.
Expiration of Licence
13.
(1)
Each licence shall expire one year from the date of issuance and may be
renewed, provided an application for renewal of a licence and annual
licence renewal fees are received by the City no later than the expiration
date of the current licence. An application received after that date shall be
processed as a new application and the initial licence fees shall apply.
(2)
An application for renewal of a licence must include all the same
information required for an initial licence pursuant to sections 4, 5, 5.1, 6,
7 or 8, depending upon the type of licence applied for.
Page 19
(3)
Upon receiving an application for renewal of a licence and determining
that the applicant is in full compliance with the provisions of this Bylaw, the
City shall issue a new licence, with or without conditions.
(4)
If the City denies renewal of a licence, the applicant shall not be issued a
licence for one year from the date of denial. If, subsequent to the denial,
the City finds that the basis for the denial has been corrected or abated,
the applicant shall be granted a licence if at least three months have
elapsed since the date that the denial became final.
Suspension and Revocation of Licence
14.
(1)
Any licence issued under this Bylaw may be suspended or cancelled for
any of the following reasons:
(a)
a licensee or an employee of a licensee has violated or failed to
comply with any provision of this Bylaw;
(b)
a licensee or an employee of a licensee has violated or failed to
comply with any condition of the licence;
(c)
a licensee or an employee of a licensee has refused to allow an
inspection of the adult service agency or the independent adult
service agency premises as authorized by this Bylaw;
(d)
a licensee has given false or misleading information in the material
contained in the application for the licence; or
(e)
a licensee has been convicted of a specified criminal activity during
the term of the licence. The fact that a conviction is being appealed
shall have no effect on the revocation of the licence.
(2)
The City shall provide written notice of the suspension or cancellation in a
brief statement setting forth the complaint, the grounds for suspension or
revocation and notifying the licensee of the right to appeal. Such notice
shall be given or served on the licensee in accordance with section 347 of
The Cities Act.
(3)
If the City cancels a licence, the fee paid for the licence shall be forfeited.
A person whose licence has been cancelled under this section may not
apply for a new licence for a period of one year from the date that the
cancellation took place.
Page 20
(4)
The power to suspend or cancel a licence pursuant to this section is in
addition to the penalties contained in section 23. The City may suspend
or cancel a licence whether or not a licensee has been charged or
convicted of an offence under this Bylaw.
Additional Regulations re Minors
15.
(1)
No adult service agency, independent adult service agency or transient
independent adult service agency shall employ or contract with any
person under the age of 18 years in any capacity whatsoever.
(2)
No adult service agency, independent adult service agency, transient
independent adult service agency, adult service performer or transient
adult service performer shall furnish or offer to furnish any services to any
person under the age of 18 years.
(3)
No adult service agency or independent adult service agency shall allow a
person under the age of 18 years on the premises of the agency.
Adult Service as Home Based Business
16.
If an adult service agency or an independent adult service agency is permitted to
carry on business as a home based business in the City, the agency may do so
provided:
(a)
the adult service is supplied on an out-call basis only; and
(b)
the business complies with all development standards for home
based businesses in the Zoning Bylaw.
Separation Distances for Adult Service Agencies and Independent Adult Service
Agencies
16.1 (1)
Where an adult service agency or independent adult service agency is
otherwise a permitted use, an adult service agency or independent adult
service agency shall not be located within 160 metres of another adult
service agency or independent adult service agency, as measured from
property line to property line.
(2)
When a person applies for a licence for an adult service agency or
independent adult service agency, and there exists another adult service
agency or independent adult service agency within 160 metres of the
applicant's proposed location, the application shall be denied by the City.
Page 21
(3)
Subsections (1) and (2) shall not apply to an adult service agency or
independent adult service agency operated as a home based business.
Separation Distances for Adult Entertainment Venues
16.2 (1)
Where an adult entertainment venue is otherwise a permitted use, an
adult entertainment venue shall not be located within 160 metres of
another adult entertainment venue or adult service agency or independent
adult service agency, as measured from property line to property line.
(2)
When a person applies for a license for an adult service agency or
independent adult service agency, and there exists an adult entertainment
venue within 160 metres of the applicant's proposed location, the
application shall be denied by the City.
(3)
Subsections (1) and (2) shall not apply if an adult service agency or
independent adult service agency is operating as a home based business.
List of Employees
17.
(1)
An adult service agency shall maintain, at all times, a current list of all
employees. The list shall contain:
(a)
the complete legal name and current licence number of each adult
service performer working for the adult service agency whether by
direct employment, independent contract, or otherwise; and
(b)
the complete legal name and current licence number of each adult
service worker working for the adult service agency whether by
direct employment, independent contract or otherwise;
(2)
An independent adult service agency or transient independent adult
service agency shall maintain, at all times, a current list of all adult service
workers working for the independent adult service agency or transient
independent adult service agency whether by direct employment,
independent contract or otherwise, which list shall include the complete
legal name and current licence number for each adult service worker.
(3)
The lists referred to in subsections (1) and (2) shall be kept current and
shall be available for inspection at any time, upon request by a police
officer or other authorized City official.
Page 22
Transfer of Licence
18.
A licence issued pursuant to this Bylaw is not transferable from one licensee to
another or in the case of an adult service agency or an independent adult service
agency, from one's business premises to another.
Exemptions
19.
(1)
Except as provided in section 16.2, the provisions of this Bylaw shall not
apply to:
(a)
adult theatres;
(b)
adult bookstores;
(c)
adult novelty stores;
(d)
adult video stores; or
(e)
adult entertainment venues.
(2)
The businesses referred to in subsection (1) shall be licensed under the
applicable business licensing bylaw of the City.
Right of Appeal
20.
(1)
An aggrieved party may appeal to the Saskatoon Appeal Board the City's
decision to:
(a)
deny a licence or licence renewal;
(b)
suspend or cancel a licence issued under this Bylaw; or
(c)
impose terms or conditions on a licence issued under this Bylaw.
(2)
The rules, procedure and time limits for an appeal pursuant to subsection
(1) shall be governed by the provisions of The Saskatoon Appeal Board
Bylaw, 2024.
Page 23
Administration and Enforcement of Bylaw
21.
(1)
The administration and enforcement of this Bylaw is hereby delegated to
the General Manager, Community Services Department for the City.
(2)
The General Manager, Community Services Department for the City is
hereby authorized to further delegate the administration and enforcement
of this Bylaw, in whole or in part, to other employees of the City and to the
Saskatoon Police Service.
Inspections
22.
(1)
The inspection of property by the City to determine if this Bylaw is being
complied with is hereby authorized.
(2)
Inspections under this Bylaw shall be carried out in accordance with
section 324 of The Cities Act.
(3)
No person shall obstruct a person who is authorized to conduct an
inspection under this section, or a person who is assisting in the
inspection.
(4)
If a person refuses to allow or interferes with an inspection authorized by
this section, or if a person fails to respond to a reasonable request for
access to a property, the City may apply for a warrant authorizing entry in
accordance with section 325 of The Cities Act.
Offences
23.
(1)
No person shall:
(a)
fail to comply with any provision of this Bylaw;
(b)
fail to comply with a term or condition of their licence;
(c)
obstruct or interfere with any person acting under the authority of
this Bylaw; or
(d)
alter or deface a licence issued pursuant to this Bylaw.
(2)
A person who contravenes subsection (1) is guilty of an offence and liable
on summary conviction:
Page 24
(a)
in the case of a first offence:
(i)
to a fine of not less than $250.00 and not more than
$1,000.00 for an individual and not less than $500.00 and
not more than $2,000.00 for a corporation;
(ii)
imprisonment for a term of not more than two months; or
(iii)
both the fine and imprisonment;
(b)
in the case of a second or subsequent offence:
(i)
to a fine of not less than $500.00 and not more than
$2,500.00 for an individual and not less than $1,000.00 and
not more than $5,000.00 for a corporation;
(ii)
imprisonment for a term of not more than three months; or
(iii)
both the fine and imprisonment.
(3)
If a person is found guilty of an offence under this Bylaw, the court may, in
addition to any other penalty imposed:
(a)
in the case of a person who holds a licence, suspend the licence for
a term of not more than three months; or
(b)
in the case of a person who did not hold a licence at the time of
conviction, order that the person is ineligible to apply for a licence
for a term of not more than three months.
(4)
Offences under this Bylaw are designated as offences for which
proceedings may be commenced pursuant to Part III of The Summary
Offences Procedure Act, 1990 by the issuance of a summons ticket.
(5)
A person to whom a summons ticket is being issued pursuant to
subsection (4) shall, upon request by the person issuing the summons
ticket, provide their name, address and date of birth. A person who fails to
provide this information is guilty of an offence and liable on summary
conviction to the penalties set out in subsection (2).
23.1 (1)
Notwithstanding section 23, in the case of a person who contravenes a
provision of this Bylaw for the first time, a peace officer may issue a Notice
of Violation to that person.
Page 25
(2)
The Notice of Violation shall provide that, if the person pays the City the
sum of $250.00 within 14 calendar days of the date of the Notice of
Violation, the person shall not be prosecuted for the contravention.
(3)
The fine may be paid:
(a)
in person, during regular office hours, to the cashier located at
City Hall, Saskatoon, Saskatchewan;
(b)
by deposit, at the depository located at the main entrance to
City Hall, Saskatoon, Saskatchewan; or
(c)
by mail addressed to the Office of the City Treasurer, City Hall,
222 - 3rd Avenue North, Saskatoon, Saskatchewan, S7K 0J5.
Bylaw to Prevail
24.
The provisions of this Bylaw prevail where there is any conflict between any
provision of this Bylaw and any other bylaw of the City.
Consequential Amendments
25.
Bylaw No. 6066, "The License Bylaw" is amended by:
(a)
repealing Sections 70 to 80 inclusive; and
(b)
striking out "Section 73(1) (Massage Parlours)......$95.00" in Schedule
No. 1.
Coming into Force
26.
This Bylaw comes into force on the 1st day of July, 2012.
Read a first time this 12th day of March, 2012
Read a second time this 12th day of March, 2012
Read a third time and passed this 12th day of March, 2012.
"Donald J. Atchison"
"Janice Mann"
"SEAL"
Mayor
City Clerk
Page 26
Schedule "A"
Offences under the Criminal Code
Offence
Section
Offence
Section
(a)
Sexual interference
s.151
(n)
Common bawdy-house: found
in
s. 210(2)(b)
(b)
Invitation to sexual touching
s. 152
(o)
Common bawdy-house: owner s. 210(2)(c)
(c)
Sexual exploitation
s. 153
(p)
Repealed by Bylaw 9646 -
September 30, 2019
(d)
Sexual exploitation of person
with a disability
s. 153.1
(q)
Repealed by Bylaw 9646 -
September 30, 2019
(e)
Obscene
matter:
selling,
exposing or exhibiting
s. 163(2)
(r)
Repealed by Bylaw 9646 -
September 30, 2019
(f)
Child pornography: printing
and publishing
s. 163.1(2)
(s)
Repealed by Bylaw 9646 -
September 30, 2019
(g)
Child pornography: importing
and distributing
s. 163.1(3)
(t)
Stopping or impeding traffic
s. 213(1)
(h)
Child
pornography:
possession
s. 163.1(4)
(t.1)
Communicating
to
provide
sexual
services
for
consideration
s. 213(1.1)
(u)
Sexual assault
s. 271
(i)
Parent or guardian procuring
sexual activity
s. 170
(v)
Trafficking in persons
s. 279.01
(j)
Indecent Acts
s. 173(1)
(w)
Criminal organization offences s. 2, 467.11,
467.12 or
467.13
(x)
Obtaining sexual services for
consideration
s. 286.1
(k)
Exposure to person under age
of sixteen years
s. 173(2)
(y)
Material benefit from sexual
services
s. 286.2
(z)
Procuring
s. 286.3
(l)
Common
bawdy-house:
keeping
s. 210(1)
(m)
Common
bawdy-house:
inmate
s. 210(2)(a)
Page 27
Schedule "A"
(Continued)
Offences under the Controlled Drugs and Substances Act
Offence
Section
(a)
Trafficking
s.5(1)
(b)
Possession for the purpose of trafficking
s. 5(2)
(c)
Importing and exporting
s. 6(1)
(d)
Possession for the purpose of exporting
s. 6(2)
(e)
Production of substance
s. 7
Page 28
Schedule "B"
Fees
1.
Adult Service Agency Licence
Fee
(a)
Initial Licence
$550.00
(b)
Annual Licence Renewal
$220.00
2.
Independent Adult Service Agency Licence
(a)
Initial Licence
$275.00
(b)
Annual Licence Renewal
$110.00
3.
Transient Independent Adult Service Agency
Licence
(a)
Initial Licence
$275.00
(b)
Annual Licence Renewal
$110.00
4.
Adult Service Performer Licence or Transient Adult
Service Performer Licence
(a)
Initial Licence
$275.00
(b)
Annual Licence Renewal
$110.00
5.
Adult Service Worker Licence
(a)
Initial Licence
$275.00
(b)
Annual Licence Renewal
$110.00