Report to: General Committee                                                   Date of meeting: April 24, 2006

 

 

 

RECOMMENDATION:

That a by-law be enacted to amend By-law 2002-286, “A by-law respecting the licensing, regulating and inspecting of Adult Entertainment Parlours for the provision of goods” to:

 

• Redefine adult goods so that retail establishments whose primary business is the provision of all adult goods, including adult novelties, will be licensed and regulated;
• Provide  a regulation to prohibit the display of adult goods, so as to be not visible from the exterior of the premises; and
• Redefine Class B Adult Entertainment Parlours to provide a more proportionate measurement that distinguishes these businesses from Class A.

 

 

RECOMMENDED

                            BY:    ________________________          ________________________

                                      S. Birrell                                             A. Taylor

                                      Town Clerk                                        Commissioner, Corporate Services

 

 

 

PURPOSE:

To expand the scope of business regulated by By-law 2006-286 to bring those businesses under similar regulations and locational restrictions.

 

 

BACKGROUND:

By-law 2002-286, a by-law respecting the licensing, regulating and inspecting of Adult Entertainment Parlours for the provision of goods was enacted on December 10, 2003, and is currently in force. 

 

Goods are defined in the by-law, specifically as

“magazines, pictures, slides, films, videotape or adult videotape, phonograph records, pre-recorded magnetic tape and any other reading, viewing or listening matter, the container or 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 or by an emphasis on the display of specified human body areas;”

 

 

The by-law licenses and regulates businesses which sell goods defined as above, specifically those selling and renting adult video tapes, magazines and other viewing and listening material.

 

The requirements of this by-law regulate these businesses by defining the businesses into 2 separate Classes.

 

Ø      Class A - the principal operation of the business is the provision of adult goods, and the most restrictive

Ø      Class B – the provision of adult goods is ancillary to the business

 

Class A	Class B
Licensed and Regulated	Not Licenced but Regulated
Cap on the number of licenses - 5	Goods must be displayed not in view of minors
Locational restrictions – specifically defined areas and distance requirements from residential uses, schools and other adult entertainment parlours	No goods to be provided to persons 18 years or under
Regulates hours of operation, signs, advertising, design of premises	Regulates advertisement
Prohibits the entry of persons 18 years or younger	Prohibits the provision of goods to persons 18 years and younger

 

A public meeting was held on February 21, 2006 to introduce the proposed amendments and invite members of the public to make representations.

 

None were made to Council.

 

 

OPTIONS/ DISCUSSION:

The definition of adult ‘goods’ in the by-law is restricted to ‘reading, viewing or listening matter.  The portion that defines the goods as ‘adult’ is;

 

“the container or 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 or by an emphasis on the display of specified human body areas”.

 

There are retail establishments that provide adult novelties which are described and can be defined as ‘adult’ in our current by-law, although the goods portion of the by-law does not apply because it is defined specifically to reading viewing or listening material.

 

Therefore, there is no license or regulation of businesses that sell adult novelties.  The proposed amendments will include these businesses in the regulation and licensing provisions that are currently in place for businesses that provide adult viewing, reading and listening material. 

 

The purpose of enacting a by-law that includes the proposed amendments is for the following:

 

Ø      Consumer protection, by prohibiting persons 18 years and under from entering, and the provision of signs notifying potential patrons of adult content, prior to entering;

Ø      Public safety and well being of children from the display of adult material by regulating signage and limiting the display of adult goods so that they are not visible from the exterior of the premises; and by regulating the location of businesses to areas not within residences, schools and churches or areas typically frequented by unsupervised children.

 

 

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

 

 

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

 

 

ACCESSIBILITY CONSIDERATIONS:

Not applicable

 

 

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal Services department has been consulted and concurs with the proposed amendments.

 

 

ATTACHMENTS:

Not applicable