Development Services Committee
	TO:	Mayor and Members of Council
	FROM:	Sheila Birrell, Town Clerk
	PREPARED BY:	same as above
	DATE OF MEETING:	2005-10-18
	SUBJECT:	Adult Video Stores

RECOMMENDATION:

That the report of the Town Clerk dated October 18^th entitled Adult Video Stores, be received for information.

PURPOSE:

To respond to concerns expressed by a Member of Council regarding adult video stores.

BACKGROUND:

An inquiry respecting a specific plaza and two vacant units located therein was received from a Member of Council. By-Law No. 2002-286, “A By-Law for the Licensing, Regulating and Inspecting of Adult Entertainment Parlours for the Provision of Goods” regulates video stores that rent adult videos. Class A stores rent only adult videos and Class B stores maintain a display area of adult videos less than 17 square metres. No person may operate a Class "A" Adult Entertainment Parlour (Goods):

(a) within 120 metres of any lands zoned to permit residential uses by the relevant zoning by-law at such time as the application for licence is submitted to the Town;

(b) within 120 metres of any school, place of worship or child day care centre in existence when the application for licence is submitted to the Town; and

(c) within 120 metres of any other adult entertainment parlour (goods), body-rub parlour or adult entertainment parlour (services) in existence at the time when the application is submitted to the Town, regardless of whether such other businesses are licensed or not.

OPTIONS/DISCUSSION:

The By-Law Enforcement & Licensing Unit inspected the specific premise and determined there is construction for one business operation underway at the location. The proposal is for a reflexology operation and it will be opening in the unit formerly occupied by a hairdresser operation. The reflexology operation is required to register with the Town and, at that time, staff will ensure it meets the Town’s new Holistic Practitioners criteria. Our Senior By-Law Officer responsible for licensing will be monitoring this location to ensure its operations are compliant with the Town’s by-laws. Further, there has not been an application for a licence to operate an adult video store at this time.

The inquiry included a suggestion to prohibit all adult video stores in any residential area in the Town. Most of the video stores located in all neighbourhood plazas, including Rogers Video Store, contain a small area with adult videos. The Town has not experienced any problems to date. Caution needs to be undertaken to not be too restrictive as it may place the Town in a

situation where there is a challenge to the by-law. The general licensing power under the Municipal Act has been determined, in the courts, to be a power to regulate, not to prohibit uses.

FINANCIAL CONSIDERATIONS:

None

ENVIRONMENTAL CONSIDERATIONS:

None

ACCESSIBILITY CONSIDERATIONS:

None

ENGAGE 21ST CONSIDERATIONS:

None

BUSINESS UNITS CONSULTED AND AFFECTED:

None

ATTACHMENTS:

None

Sheila Birrell, Town Clerk.

Andy Taylor, Commissioner Corporate Services.