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BYLAW - Adult Entertainment Parlour - 20010130 - 426001THE CORPORATION OF THE TOWN OF AURORA BY-LAW NUMBER 4260-01 BEING A BY-LAW respecting the licensing, regulating and inspecting of Adult Entertainment Parlours within the Town of Aurora. WHEREAS Section 225 of the Municipal Act, R.S.O. 1990 c.M.45 ("the Act" as amended) authorizes Council to pass by-laws for the licensing, regulating, governing, classifying and inspecting of adult entertainment parlours or any classes thereof and for revoking or suspending any such license and for limiting the number of licenses to be granted; NOW THEREFORE the Council of The Corporation ofthe Town of Aurora ENACTS AS FOLLOWS: 1. In this By-law: (a) "adult entertainment parlour" means any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations: (b) "adult videotape" means any videotape, the contents of which are designed or held out as designed to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specified sexual activities as defined by this By-law, or by an emphasis on the display of specified human body areas. "Adult videotape" also includes a videotape classified by the Ontario Film Review Board as "restricted" and required to be characterized with the added information piece "adult sex film". (c) "applicant" means a person applying for a license pursuant this By-law; (d) "Class A Adult Videotape Parlour" means an adult entertainment parlour in which any person offers to provide adult videotapes to the public, where the proportion of the floor area set aside for the display of adult videotapes provided is greater than 10% of the total floor area of the premises; (e) "Class B Adult Videotape Parlour" means an adult entertainment parlour in which any person offers to provide adult videotapes to the public, where the proportion of the floor area set aside for the display of adult videotapes is 10% or less than 1 0% of the total floor area of the premises; (f) "Council" means the Council of the Corporation of the Town of Aurora (g) "entertainer" means any person who provides or offers to provide services designed to appeal to erotic or sexual appetites or inclinations at an adult entertainment parlour, other than a person who is an owner or an operator of an adult entertainment parlour; --·······~·---···--·········· ...... ······--·-.. ····-- - 2 - (h) "goods" includes books, magazines, pictures, slides, films, phonograph records, prerecorded magnetic tape and any other reading, viewing or listening matter, the contents of which are designed or held out as designed to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specific sexual activities as defined in this By-law or by an emphasis on the display of specified human body areas. (i) "license" means an authorization under this By-law to carry on the trade, calling, business or occupation specified therein; G) "licensed" means licensed under this By-law and not in breach of the provisions hereof; (k) "Licensing Officer" means a By-law Enforcement Officer appointed by the Town and shall include the Clerk of the Town; (I) "Medical Officer of Health" means the Medical Officer of Health for the Regional Municipality of York; (m) "operator" includes a person who, alone or with others, operates, manages, supervises, runs or directs the trade, calling, business or occupation carried on at an adult entertainment parlour. (n) "owner" includes a person who, alone or with others, owns or controls the trade, calling, business or occupation carried on at an adult entertainment parlour or directs the activities of an operator or is the tenant or licensee in respect of premises, which are utilized as an adult entertainment parlour, and "owner'' excludes "operator'' except that where one person is both owner and operator he shall be deemed to be an owner for the purposes of this By-law. (o) "person" includes a natural individual, and their heirs, executors, administrators or other legal representatives, a corporation, partnership or other form of business association or a receiver or mortgagee in possession. (p) "services" includes activities, facilities, performances, exhibitions, viewings and encounters but does not include the exhibition of film where such film has been approved under the Theatres Act. (q) "services designed to appeal to erotic or sexual appetites or inclinations" includes, (i) service of which a principal feature or characteristic is the nudity or partial nudity of any person; (ii) service in respect of which the word "nude", "naked," "topless," "bottomless," "sexy," or any other word or any other picture, symbol or representation having like meaning or implication is used in any advertisement; (r) "sign" shall include any sign as defined pursuant to Town By-law 3400-92 (as amended) the "Sign By-law". (s) "specified human body areas" the genitals and the anus; (t) "specified sexual activities" means one or more of the following: actual or simulated sexual intercourse, ejaculation, sodomy, including anal intercourse, and oral sexual intercourse or direct physical stimulation of unclothed genital organs; - 3 - (u) "to provide" when used in relation to goods includes to sell, offer to sell or display for sale, by retail or otherwise such goods and "providing" and "provision" have corresponding meanings. When used in the context of adult videotapes "to provide" also includes offers to rent, license, lease, exchange or trade, whether consideration is effected by means of membership, subscription or price of admittance. (v) "to provide" when used in relation to services includes to furnish, perform, solicit, or give such services and "providing" and "provision" have corresponding meanings; (w) "Town" means The Corporation of the Town of Aurora in the Regional Municipality of York; (x) "videotape" means cinematographic film, videotape, video disc, computer diskettes, or other medium which may produce visual images that may be viewed as moving pictures; LICENSE REQUIREMENT 2. (a) No person shall be an owner in respect of an adult entertainment parlour within the geographic limits of the Town of Aurora without making application for, obtaining and maintaining, pursuant to the terms of this By-law, an Adult Entertainment Parlour Owner's License authorizing him to carry on such trade, calling, business or occupation in respect of that adult entertainment parlour. (b) No person shall be an operator in respect of an adult entertainment parlour within the geographic limits of the Town of Aurora without making application for, obtaining and maintaining, pursuant to the terms of this By-law, an Adult Entertainment Parlour Operator's License authorizing him to carry on such trade, calling business or occupation in respect of that adult entertainment parlour. (c) For the purposes of this section, "adult entertainment parlour" shall not include Class A Adult Videotape Parlour or Class B Adult Videotape Parlour and no owner or operator of a Class A or B Adult Videotape Parlour shall be required to obtain a license pursuant to this By-law. (d) No person shall be the an entertainer in respect of an adult entertainment parlour within the geographical limits of the Town of Aurora without making an application for, obtaining and maintaining, pursuant to the terms of this by-law, an adult Entertainment Parlour Entertainer's License authorizing himor her to carry on such trade, calling, business or occupation in respect to an adult entertainment parlour. NATURE OF LICENSE 3. No person shall enjoy a vested right in the continuance of a license and the value of a license shall be the property of the Town and shall remain so irrespective of the issue, renewal or revocation thereof. 4. No person licensed to carry on any trade, calling, business or occupation pursuant to this By-law shall advertise or promote or carry on such trade, calling, business or occupation under any name other than the name endorsed upon his license. 5. The licenses required by this By-law shall, unless they are expressed to be for a shorter or longer time, be for the period up to and including the 31st day of January in the year after the year of issuance, unless they are sooner forfeited or revoked. -4 - 6. No license shall be transferred or assigned and if an owner sells, leases or otherwise disposes of his interest in the trade, calling business or occupation carried on at an adult entertainment parlour, his license in respect of such adult entertainment parlour or premises shall, notwithstanding any other provision of this By-law, be revoked. 7. (a) Every adult entertainment parlour owner's license shall have endorsed thereon the location of an adult entertainment parlour and such endorsement shall be for one location only and such license shall be valid only for the location endorsed thereon; (b) Every adult entertainment parlour operator's license shall have endorsed thereon the location and the name of the adult entertainment parlour with respect to which it is issued and such endorsement shall be for one location only and such license shall be valid only for the location and the adult entertainment parlour endorsed on such license; 8. No owner or operator may be licensed in respect of any adult entertainment parlour from which more than one class of goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations are provided. Without limiting the generality of the foregoing, no owner or operator may be licensed in respect of an adult entertainment parlour in which are provided any combination of any two or more of the following goods or services appealing or designed to appeal to erotic or sexual appetites or inclinations: (a) adult videotapes; (b) goods; (c) exotic dancing; (d) live theatre productions; or (e) displays of video or film. APPLICATION FOR LICENSE AND REVOCATION OF LICENSE 9. (a) Every applicant shall appear in person before a Licensing Officer and shall complete an Adult Entertainment Parlour Owner/Operator's/Entertainer's license application and shall provide all information requested thereon, and shall furnish to the Licensing Officer such information as the Council may direct. In the case of an adult entertainment parlour owned by a partnership such appearance shall be made by one of the partners, provided the application shall be signed by all of the partners and in the case of an adult entertainment parlour owned by a corporation, such appearance shall be made by an officer of the corporation and not by an agent thereof. (b) Every applicant for an adult entertainment parlour owner's or operator's license, where such applicant is a natural individual shall have his or her photograph taken by the Licensing Officer. Where the applicant is a corporation, such photograph shall be taken of an officer of the corporation. Where the applicant is a partnership, such photograph shall be taken of one of the partners. (c) At the time of submission of its application, every applicant shall pay to the Town the fee set forth in Schedule "A" attached hereto and forming part of this By-law, provided such fee shall not be reduced in the event that the period for which the license is granted is less than one year. (d) Receipt of the application and/or the license fee by the Town shall not represent approval of the application for the issuance of a license nor shall it obligate the Town to issue such license. 10. (a) - 5 - Without limiting the generality of any other provision in this By-law, persons associated in a partnership applying for a license under this By- law shall file with their application a statutory declaration, in writing, signed by all members of the partnership, which declaration shall state: (i) the full name of every partner and the address of his ordinary residence; (ii) the name or names under which they carry on or intend to carry on business; (iii) that the persons therein named are the only members of the partnership; (iv) the mailing address for the partnership. (b) If any member of a partnership applying for a license is a corporation, such corporation shall be deemed to be applying for an owner's license in place and stead of the partnership. (c) No partnership shall be licensed as an owner in respect of an Adult Entertainment Parlour unless that partnership is also an operator or some other person is licensed as an operator in respect of that Adult Entertainment Parlour. (d) Without limiting the generality of any other provision in this By-law, every corporation applying for a license shall file with the Licensing Officer, at the time of making its application, a copy of it's articles of incorporation or other incorporating document and shall file a statutory declaration, in writing signed by an officer of the corporation, which declaration shall state: (i) the full name of every shareholder and the address of his ordinary residence; (ii) the name or names under which it carries on or intends to carry on business; (iii) that the persons therein named are the only shareholders of the corporation; and (iv) the mailing address for the corporation. (e) No corporation shall be licensed as an owner in respect of an Adult Entertainment Parlour unless that corporation or some other person is licensed as an operator in respect of that Adult Entertainment Parlour. (f) Every person applying for an Adult Entertainment Parlour Owner's License shall file with the Licensing Officer, documentation satisfactory to the Licensing Officer demonstrating the applicant's right to possess or occupy the premises to be used by him as an adult entertainment parlour, and if any applicant is not the registered owner or owner in fee simple of the property upon which the adult entertainment parlour is to be located, such person shall file with the Licensing Officer, with his application for an Adult Entertainment Parlour Owner's license, a copy of his lease, if any, and a copy of any other document constituting or affecting the legal relationship relating to the said lands or premises between said applicant and the registered owner or owner in fee simple of the said real property. -6 - 11. The Licensing Officer shall: (a) receive and process all applications for licenses and renewal of licenses to be issued under this By-law; (b) coordinate the enforcement of this By-law; (c) generally perform all the administrative functions conferred upon him by this By-law; (d) make or cause to be made a circulation respecting the application which shall include circulation of the license application to the Medical Officer of Health and Municipal and Provincial Police Departments for comments. (e) make or cause to be made all investigations which he deems necessary to determine whether an applicant has or will have or continues to meet the requirements of this By-law and all applicable laws (f) issue licenses to persons who meet the requirements of this By-law or after due consideration provide a report and recommendation to Council for its disposition with respect to each application which does not meet the requirements of this By-law; (g) upon receipt of Council's disposition with respect to each application . for which a report and recommendation was made to Council pursuant to this By-law, execute and issue all licenses as directed by Council or refuse to issue a license as directed by Council or revoke a license as directed by Council; (h) where a license has been issued pursuant to this By-law and otherwise remains in full force and effect, renew the licenses of persons who meet the requirements of this By-law or, after due consideration, provide a report and recommendation to Council for its disposition with respect to each application for renewal that does not meet the requirements of this By-law and after receiving Council's disposition with respect to such license, renew the license as directed by Council or revoke the license as directed by Council. 12. When an application for license is made in accordance with the provisions of this By-law and the applicant meets all the requirements of this By-law or as otherwise directed by Council, the Licensing Officer shall issue a license certificate which shall set out the expiry date of the license in accordance with this By-law and the applicant shall thereby be licensed .. 13. Upon review of a license application, including an application for renewal, the Licensing Officer shall prepare a Clerk's Report and seek Council's direction with respect to the issuance or renewal of a license where: (a) The past or current conduct of the applicant or license holder affords reasonable grounds for belief that he will not carry on the trade, calling, business or occupation in respect of the adult entertainment parlour in accordance with law and with integrity and honesty; or (b) there are reasonable grounds for belief that the carrying on of the trade, calling, business or occupation in respect of the adult entertainment parlour by the applicant or license holder will result in a breach of this By-law or any other applicable law; or - 7 - (c) the applicant or license holder is a corporation or a partnership and its conduct or the conduct of its officers, directors, employees, agents or partners affords reasonable grounds for belief that its trade, calling, business or occupation in respect of the adult entertainment parlour will not be carried on in accordance with the law and with integrity and honesty; or (d) there are reasonable grounds for belief that the premises, accommodations, equipment or facilities in respect of which the license is required do not comply with the provisions of this By-law or any other applicable law; or (e) the conduct of the applicant or license holder or other related circumstances afford reasonable grounds for the belief that the carrying on by the applicant of the trade, calling, business or occupation in respect of the premises for which the license is sought would infringe the rights, or endanger the health or safety of other members of the public. 14. The Licensing Officer may suspend a license where there is reason to believe that a breach of this By-law has occurred or for any of the reasons that would form the basis of a Clerk's Report to seek Council's direction with respect to the issuance or renewal of a license. Such suspension shall take effect upon service of written notice thereof to the licensee and the license shall remain suspended for no more than fifteen days from the date of service of this notice. In order to continue this suspension beyond the fifteen day period, the Licensing Officer must prepare a Clerk's Report and receive Council's direction in this regard. 15. At any meeting of Council called in relation to a Clerk's Report to consider the issuance, renewal or revocation of a license, the applicant shall be accorded its rights pursuant to the Statutory Powers Procedures Act including the right to appear and speak to the matter. 16. Provided a licensed applicant is not in breach of any of the terms of this By-law, the Licensing Officer shall renew an applicant's license for a period of time up to and including the 31st day of January in the year following the year of application for renewal, provided such applicant has completed the Application for Renewal set out as Schedule "C" attached hereto and forming part of this By-law and has provided all information requested thereon. 17. Any license that has not been renewed as at January 31st in the year after its issuance or renewal shall expire on February 1st in the year following its issuance or renewal. CHANGE OF STATUS 18. Where there is any change in any of the particulars relating to a person licensed under this By-law, which particulars are required to be filed with the Town on applying for a license under this By-law, such person shall report the change to the Licensing Officer within seven (7) days of the change or the license issued herein may be revoked. 19. (a) Where there is to be a change in the composition or the controlling interest of a partnership licensed under this By-law, the persons licensed hereunder in partnership shall obtain the approval of the Licensing Officer to such change prior thereto, failing which, the license may be revoked. Where there has been any change in the controlling interest of the partnership, either by one transaction or a number thereof, the license may be revoked despite the Licensing Officer's prior approval of any one or more such transactions. ------------··--·· - 8 - (b) Where there is to be a change in the composition or the controlling interest of the shareholders of a corporation licensed under this By-law, the corporation shall obtain the approval of the Licensing Officer to such change prior thereto, failing which the license may be revoked. Where there has been any change in the controlling interest of the corporation, either by one transaction or a number thereof, the license may be revoked, despite the Licensing Officer's prior approval of any one or more such transactions. REGULATIONS RESPECTING CLASS B ADULT VIDEOTAPE PARLOURS 20. Notwithstanding any other provisions of this By-law, the following provisions shall constitute the sole regulations within this By-law applicable to Class B Adult Videotape Parlours and no person shall own or operate a Class B Adult Videotape Parlour except in accordance with the following regulations: (a) No adult videotape covers or jackets or other adult videotape advertising or promotional material shall be displayed, except in a designated area of such adult entertainment parlour that is separated from the balance of the public area by a solid partition extending from the floor to a height not less than 1.8 metres from the floor and provided that access to the designated area shall be through a door having a height not less than 1.5 metres and provided that no such advertising or promotional material can be seen by persons in the store without entering the designated area. (b) No owner or operator shall provide adult videotapes, unless such adult videotapes are stored behind the main counter, which is staffed by an employee or, contained within automated vending or dispensing equipment in such a manner as to display only the title to the adult videotape . (c) No owner or operator shall provide or permit the provision of an adult videotape to any person who is not at least eighteen (18) years of age. (e) No owner or operator shall provide adult videotapes, without maintaining a current listing of all adult videotapes available on the premises and making that listing available to the Clerk upon request. (f) No owner or operator shall play or exhibit any adult videotape anywhere within such an adult entertainment parlour. (g) No owner or operator shall advertise or promote adult videotapes provided at such an adult entertainment parlour except in accordance with the provisions of this By-law respecting "Signs and Advertisements". (h) No owner or operator shall permit any employee to provide adult videotapes without first instructing such employee in the regulations of this By-law and ensuring that such employee complies with these regulations; (i) No owner or operator shall provide any adult videotape without posting in a prominent location, that is satisfactory to the Licensing Officer, a valid license, issued pursuant to the Theatres Act R.S.O. 1990, c.T.6, as amended; U) No owner or operator shall provide any adult videotape unless such adult videotape is clearly marked with a classifications sticker, issued pursuant to the Theatres Act R.S.O. 1990, c.T.6, as amended; (k) no person shall own or operate such an adult videotape parlour, except in accordance with the provisions of the Theatres Act R.S.O. 1990, c.T.6, as amended; - 9 - (I) no owner or operator shall provide any adult videotape without posting in a prominent location, that is satisfactory to the licensing officer, a valid licence, issued pursuant to the Theatres Act R.S.O. 1990, c.T.6, as amended. REGULATIONS RESPECTING CLASS A ADULT VIDEOTAPE PARLOURS 21. Notwithstanding any other provisions of this By-law, the following provisions constitute the sole regulations within this By-law applicable to Class A Adult Videotape Parlours and no person shall own or operate a Class A Adult Videotape Parlour except in accordance with the following regulations: (a) No owner shall provide adult videotapes in such an adult entertainment parlour without first filing with the Clerk all such information and materials as are required, to complete the "Class "A" Videotape Parlour Information Form", which is attached hereto as Schedule "D" and forms part of this By-law. (b) No operator shall provide adult videotapes in such an adult entertainment parlour without first filing with the Clerk all such information and materials as are required, to complete the "Class "A" Adult Videotape Parlour Information Form", which is attached hereto as Schedule "D" and forms part of this By-law. (c) Where there has been a change in any of the particulars filed with the Clerk, in respect of Schedule "D", no person shall provide adult videotapes in such an adult entertainment parlour without filing the particulars of such change with the Clerk, within seven days after such change occurs. (d) No owner or operator shall play or exhibit or permit the playing or exhibiting of any adult videotape anywhere within such an adult entertainment parlour, except in accordance with the provisions of the Theatres Act R.S.O. 1990, c.T.6, as amended; (e) No owner or operator shall provide adult videotapes, in such an adult entertainment parlour without maintaining a current listing of all adult videotapes available on the premises and making that listing available to the Clerk upon request. (f) No owner or operator shall advertise or promote the provision of adult videotapes from such an adult entertainment parlour except in accordance with the provisions of this By-law respecting "Signs and Advertisements". (g) No owner or operator shall permit any person under the age of eighteen years to enter or remain in any part of such an adult entertainment parlour. (h) No owner or operator shall provide any adult videotapes from such an adult entertainment parlour unless there is posted in a prominent location at the entrance to the premises a sign indicating that no person under the age of eighteen years may enter or remain in such premises. (i) No owner or operator shall provide any adult videotapes from such an adult entertainment parlour except in compliance with the provision of this By-law respecting "Hours of Operation". U) No owner or operator shall provide any adult videotapes from such an adult entertainment parlour except in compliance with the provision of this By-law respecting "Locational Restrictions and Limitations on Number". -10 - (k) No owner or operator shall provide any adult videotapes from such an adult entertainment parlour except in compliance with the provision of this By-law respecting "Construction and Equipment of Premises". (I) No owner or operator shall provide any adult videotape without posting in a prominent location, that is satisfactory to the licensing officer, a valid licence, issued pursuant to the Theatres Act R.S.O. 1990, c.T.6, as amended; (m) No owner or operator shall provide any adult videotape unless such adult videotape is clearly marked with a classifications sticker, issued pursuant to the Theatres Act R.S.O. 1990, c.T.6, as amended; (n) no person shall own or operate such an adult videotape parlour except in accordance with the provisions of the Theatres Act R.S.O. 1990, c.T.6, as amended. GENERAL REGULATIONS 22. (a) No owner shall permit any person other than a licensed operator to operate an adult entertainment parlour. (b) No operator shall operate an adult entertainment parlour in a premises for which the owner thereof has not obtained an owner's license under this By- law. (c) No entertainer shall provide services in any adult entertainment parlour where either the owner or the operator does not have a valid license pursuant to this By-law. (d) notwithstanding any other provisions of this By-law, where any person owns or operates an Adult Entertainment Parlour in relation to the provision of goods other than adult videotapes, no regulations in this By-law shall be applicable to such person, except that no such person may offer any goods to any person under the age of 18 years. (e) no owner or operator shall knowingly permit any entertainer, while that person is providing services as an entertainer in an Adult Entertainment Parlour owned or operated by the owner or operator, to touch or be touched or have physical contact with any other person in any manner whatsoever involving any part of the entertainer's body or that person's body. 23. No owner or operator shall carry on any trade, calling, business or occupation at an adult entertainment parlour other than the adult entertainment parlour endorsed on their license and at the location endorsed thereon. 24. Every contract of service, contract for services or other document constituting or pertaining to the relationship between owner, operator and entertainer of an adult entertainment parlour shall be in writing and shall be made available for inspection at any time during normal business hours of the adult entertainment parlour by the Licensing Officer upon request, and shall be retained by the owner or operator for a period of six months after it's termination or completion. 25. No person shall be an owner or operator in respect of an adult entertainment parlour except in compliance with the following regulations: -11 - 25. No person shall be an owner or operator in respect of an adult entertainment parlour except in compliance with the following regulations: (i) The premises shall be provided with adequate ventilation and with lighting that is adequate to ensure visibility and that is uniformly distributed throughout the premises; (ii) The premises and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition; (iii) The premises shall be equipped with an effective utility sink; (iv) Adequate toilet and washroom accommodation shall be provided in accordance with the regulations set forth under the Ontario Building Code Act (as amended); (v) Washrooms shall be equipped with: (1) an adequate supply of hot and cold water; (2) an adequate supply of liquid soap in a suitable container or dispenser; (3) hot air dryers or individual towels in a suitable container or dispenser; (4) a suitable receptacle for used towels and waste material; (vi) No washroom, toilet, sink or basin used for domestic purposes shall be used in connection with an adult entertainment parlour; (vii) In all shower-bathrooms, if any, and in all sauna-bath rooms, if any, (1) the floors shall be disinfected at least once a week with a disinfecting solution approved by the Medical Officer of Health; (2) all surfaces and attached accessories of the bath or shower enclosure must be self-draining; (3) all showers must have removable cleanable drain covers; (4) floor surfaces both within and without the enclosures shall be of non-slip type; 26. No person shall be an owner or operator in respect of an adult entertainment parlour unless there is maintained over the street door or in the lower front window of the premises in respect to which such person's license is issued or in some other conspicuous place on the exterior of such premises satisfactory to the Licensing Officer, a sign issued by the Licensing Officer bearing the words, "LICENSED ADULT ENTERTAINMENT PARLOUR NO. ",(inserting after "No." the owner's license number), and "Comments regarding this business may be made to the Town of Aurora Licensing Office at 727-1375." 27. Every owner and operator shall keep his license certificate issued in respect of an adult entertainment parlour posted in a conspicuous place in the said premises in a manner satisfactory to the Licensing Officer, at all times during the currency of the license. -12 - 28. Every owner, operator and entertainer of an adult entertainment parlour in the Town of Aurora who is in attendance at an adult entertainment parlour, whether engaged in their respective trade, calling, business or occupation at that time or not shall, upon a request made to them by any peace officer, By-law Enforcement Officer, Medical Officer .of Health, or the Licensing Officer provide their name, residential address and license pursuant to this By-law. 29. No owner, operator or entertainer shall provide or shall permit any services to be given, performed, provided or received in any adult entertainment parlour in breach of any of the provisions contained in this By-law. 30. No owner or operator shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in any adult entertainment parlour operated by him. 31. No owner or operator shall permit an Adult Entertainment Parlour owned or operated by him to be open for business or shall permit the provision of any services at an Adult Entertainment Parlour, unless the owner or operator is in attendance in person or is represented by a senior employee having full authority to take action on behalf of the owner or operator and no owner or operator shall permit an adult entertainment parlour owned or operated by him to open for business, or remain open for business, or any entertainer to enter or remain therein, or any service to be provided at such entertainment parlour unless this section is complied with. 32. (a) No owner, operator or entertainer or their authorized employee representative shall take, consume or have alcohol or drugs in their possession in an adult entertainment parlour, nor shall the use or effects of alcohol or drugs by them be apparent while that adult entertainment parlour is under their charge or when he or she is providing services therein, as the case may be. (b) For the purposes of this by-law, the word "drugs" shall be deemed to exclude patent medicines and prescription drugs required for medicinal purposes. (c) Every owner who operates his own adult entertainment parlour and every operator shall provide and maintain at all times at the adult entertainment parlour operated by him a first-aid kit equipped in a manner satisfactory to the Regional Municipality of York Medical Officer of Health. 33. Every owner, and operator and their authorized employee representative shall, while engaged in his respective trade, calling, business or occupation in an adult entertainment parlour, be neat and clean in his person and civil and well-behaved to members of the public with whom he is dealing. 34. No owner, or operator shall use or permit to be used any camera or other photographic or recording device in, upon or at an adult entertainment parlour by any person other than: (i) a public health inspector acting under the direction of the Medical Officer of Health; (ii) the Licensing Officer; (iii) a peace officer; or (iv) a By-law Enforcement Officer -13 - SIGNS AND ADVERTISEMENTS ADVERTISEMENTS 35. No person shall display or circulate any poster, handbill, sign, card or novelty used to promote the business of an adult entertainment parlour on land or premises other than the premises upon which the adult entertainment parlour is situate and no sign shall be constructed or maintained except in accordance with this By-law SIGNS 36. (a) No person shall erect or maintain any sign advertising an adult entertainment parlour or any trade, calling, business or occupation carried on at an adult entertainment parlour except in accordance with Town by- laws, including Town Sign By-law 3400-92 (as amended). Notwithstanding the provisions of Town Sign By-law 3400-92 (as amended), no person shall erect or maintain any sign advertising an adult entertainment parlour except in accordance with the following additional regulations: (i) No person may erect or maintain any of the following signs in respect of an adult entertainment parlour or in respect of any trade, calling, business or occupation carried on at any adult entertainment parlour; -sign, awning -sign, canopy -sign, free standing canopy -sign, inflatable -sign, portable -sign, trailer -sign, ground or pylon (ii) No person may erect or maintain a wall sign in respect of an adult entertainment parlour or in respect of any trade, calling, business or occupation carried on at an adult entertainment parlour, except a wall sign or signs that do not exceed a total combined area of 4.6 metres and do not consist of more than two wall signs. (iii) No person may erect or maintain a projecting sign in respect of an adult entertainment parlour or in respect of any .trade, calling, business or occupation carried on at an adult entertainment parlour, except a projecting sign that does not exceed a total area of 3 square metres and that does not constitute more than one projecting sign. (b) Nothing within this By-law shall be deemed to constrain any person from erecting or maintaining any sign on any interior wall of an adult entertainment parlour, provided the content of such sign is not visible from the exterior of the adult entertainment parlour. (c) No person may erect or maintain any sign in respect of an adult entertainment parlour which includes any letters, markings, symbols, pictures or representations except the name of the adult entertainment parlour as recorded on the application for license and any registered copyright logo or symbol, provided a copy of such logo or symbol is filed with the Licensing Officer as part of the licensing process. -14 - ( ) Every owner or operator shall obliterate, withdraw, remove or destroy any sign advertising their adult entertainment parlour which has been erected contrary to the provisions of this By-law upon their property immediately upon becoming aware of same or upon being ordered to do so by the Licensing Officer, whichever shall first occur. ONSTRUCTION AND EQUIPMENT OF PREMISES (a) Within any premises used as an adult entertainment parlour, the owner shall designate the single room which shall be the only room within which goods and services may be provided and which room shall have no area enclosed or partitioned by any wall extending from the floor to a height in excess of 1 .8 metres from the floor and which room shall be open at all times to all persons attending the adult entertainment parlour during the business hours of the adult entertainment parlour. (b) No room, cubicle or other enclosure or partitioned area located within the premises used as an adult entertainment parlour, other than the room designated pursuant to subparagraph (a) hereof, may be used for the provision of goods and services and it shall be the duty of every owner and every operator to ensure that this provision is complied with. (c) No entertainer or other person shall provide any goods or services in any room, cubicle or other enclosure other than in the room designated pursuant to subparagraph (a) hereof. (d) No premises or part thereof used as an adult entertainment parlour shall be used as a dwelling or for sleeping purposes or contain therein any furniture which is commonly used or may be used for sleeping purposes and it shall be the duty of the owner and the operator to ensure that this provision is complied with. (e) No door to any room or cubicle where goods or services are or may be provided in an adult entertainment parlour, save and except one room designated by the owner and used by the owner or operator as an office and one room designated by the owner as a storage room, shall be equipped or constructed with a locking device of any kind, or with any other device or structure which could delay or hinder anyone from entering or obtaining access to such a room or cubicle and it shall be the duty of the owner and the operator to ensure that this provision is complied with. (f) Every owner applying for a license under this By-law shall file with his application a floor plan of the premises to be used as an adult entertainment parlour upon which the owner shall clearly designate the room which shall be used to provide goods or services, the room Which shall be used as an office by the owner and operator and the storage room, if any. In the event the owner or the operator wishes to amend the floor plan, he shall first file with the Licensing Officer a copy of the amended floor plan and shall not proceed to make such alterations without first obtaining the approval of the Licensing Officer, failing which the license of the owner and operator may be revoked. (g) No entertainer or other person shall provide any goods or service in a room, cubicle or other enclosure which has a door or other means of access which is equipped or constructed with a locking device of any kind or which is equipped or constructed in such a way as to permit the obstruction, hindrance or delay of any person attempting to gain entry thereto. -15 - (h) During the hours of business of an adult entertainment parlour, it shall be the responsibility of the owner and of the operator, if any, to ensure that the door. or doors or other principal means of access into the adult entertainment parlour by the public shall be kept unlocked and available so that anyone coming into the adult entertainment parlour from the street or other public place may enter therein without hindrance or delay. AGE RESTRICTIONS 38. No owner or operator may permit any person under the age of eighteen years to enter or remain in any part of an adult entertainment parlour. HOURS OF OPERATION 39. (a) No owner or operator shall, in respect of an adult entertainment parlour permit any services of any kind designed to appeal to erotic or sexual appetites or inclinations to be provided in said adult entertainment parlour except between the hours of 2:00 p.m. in the afternoon of any day and 1:00 a.rn. in the morning of the next day. (b) For the purposes of this section, so long as the time commonly observed in the Town of Aurora is one hour in advance of standard time, the times mentioned in this section and in this Schedule shall be reckoned in accordance with the time so commonly observed and not standard time. LOCATIONAL RESTRICTIONS AND LIMITATIONS ON NUMBER 40. (a) No person shall own or operate or permit to be operated an adult entertainment parlour within the geographic limits of the Town of Aurora: (i) on land that abuts the following highway or highways or on land that abuts a municipally owned reserve that abuts the following highway or highways; Yonge Street Leslie Street Bayview Avenue St. John's Sideroad Wellington Street East and West Bloomington Sideroad Bathurst Street Vandorf Road (ii) within two hundred and seventy meters of any of the highways referred to in subsection (i) (iii) within two hundred and seventy meters of any residential zone in existence ·when the application for license is submitted to the Town or within two hundred and seventy meters of the lands legally described as Part Lot 81, Cone. 1 E being Part 1 Plan 65R-14984 and Part Lots 82, 83 & 84, Cone. 1 E being Parts 1-8, Plan 65R-11966. (iv) within two hundred and seventy metres of any school (other than a trade school), church, public park, open space or day nursery in existence or in receipt of site plan approval from the Council when the application for license is submitted to the Town. Notwithstanding the foregoing, the provisions of this subsection respecting open space lands shall not apply to those open space lands which constitute the storm water detention pond described as Block 26 on Plan 65M-2873 and the hydro corridor shown adjacent to Blocks 5, 7, 8, 14, 15, 22, 23, 29 and 39 on Plan 65M-2873; -16 - (v) within two hundred and seventy meters of the Highway 404 corridor; (vi) within one hundred and seventy metres of lands zoned Restricted Industrial (M1) Zone or on lands abutting any lands zoned Prestige Industrial (M4) Zone or exceptions to these zones; (vii) from a premises which does not have full municipal water and sanitary sewer services. (b) No person shall own or operate an adult entertainment parlour on any land or premises except in a single use building on a single lot or block upon which no other buildings are located and which lot or block may be conveyed in compliance with the provisions of the Planning Act R.S.O. 1990 c.P.13 without the requirement of subdivision or consent. (c) The number of Adult Entertainment Parlour Owner's Licenses which may be granted in respect of an adult entertainment parlour within the Town of Aurora shall be limited to two (2). (d) No person shall own or operate an adult entertainment parlour on any premises from which food is served unless such premises are licensed pursuant to Town By-law 2344-80 (the Victualling License By-law as amended or successor legislation thereto) and in compliance with the requirements of the Medical Officer of Health in respect of the food provided. (e) No person shall own or operate an adult entertainment parlour on any premises except such premises as are licensed pursuant to the Liquor License Act. (f) No person shall own or operate an adult entertainment parlour from any premises except upon such lands as are zoned to permit the use of an "adult entertainment parlour" as defined pursuant to Town Zoning By-law 2213-78 (as amended). (g) No person shall own or operate an adult entertainment parlour from any land or premises where any other use as defined within the Town Zoning By~law 2213-78 (as amended) is maintained. ISCELLANEOUS 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 By-law shall be deemed to be a violation of the provisions of this By-law. Every person shall comply with the provisions of this By-law applicable to him whether or not he is licensed under this by-law. This By-law may be known as the Adult Entertainment Parlour By-law. Every Owner and every operator shall during the regular operating hours of the adult entertainment parlour make available for inspection by the Licensing Officer, a peace officer, a Medical Officer of Health, a Provincial Offences Officer, or a By-law Enforcement Officer the original of any document or record referred to in this By-law. -17 - 45. (a) Every owner and every operator of an adult entertainment parlour shall, at all times during regular operating hours of the adult entertainment parlour, permit the entry by and the inspection of an adult entertainment parlour by a By-law Enforcement Officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a peace officer. (b) No person shall obstruct or hinder the entry or the inspection of an adult entertainment parlour by a By-law Enforcement Officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. 46. Wherever notice or materials are required to be served upon or provided to any person pursuant to this By~law, such provision shall be deemed effective upon mailing of such materials by registered mail to the last address of that person as indicated upon license or other material filed with the Town or to the last assessed business address for the person indicated upon the Taxation Roll Books. OFFENCE AND PENAL TV 47. Any person who contravenes the provisions of this By-law, including every 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 is guilty of an offence and, upon conviction pursuant to the provisions of the Provincial Offences Act (as amended), is liable to; (a) a penalty in the case of persons, other than a corporation, not to exceed $25,000.00 or imprisonment for a term not to exceed one year or both; (b) a penalty in the case of a corporation, not to exceed $50,000.00; and (c) an order closing the premises which are the subject of the contravention for a period not to exceed two years. EFFECTIVE DATE 48. This By-law shall come into force and effect upon final passage hereof REPEAL 49. By-law 3496-93 is hereby repealed. READ A FIRST, SECOND AND THIRD TIME THIS 30TH DAY OF JANUARY 2001 "'""'' SCHEDULE "A" TO BY-LAW NO. 4260-01.P Annual Fees for Adult Entertainment Parlour Licenses 1. Owner who does not operate his own adult entertainment parlour: Initial License Renewal 2. Owner who operates his own adult entertainment parlour: Initial License Renewal 3. Operator of an adult entertainment parlour: Initial License Renewal 4. Entertainer Initial License Renewal 5. Other Fees (a) Late renewal for Owner or Operator (b) Replacement Identification/License $ 2,500.00 $ 2,250.00 $ 3,500.00 $ 3,000.00 $ 1,000.00 $ 750.00 $ 150.00 $ 75.00 $ 25.00 $ 5.00