Finance and Administrative Committee
	TO:	Mayor and Members of Council
	FROM:	Sheila Birrell, Clerk
	PREPARED BY:	Darlene Barker, Licensing Officer
	DATE OF MEETING:	2003-Dec-08
	SUBJECT:	Body-Rub Parlour By-law Amendment

RECOMMENDATION:

That By-law No. 2002-292, “A By-law Respecting the Licensing and Inspection of Body-rub Parlours and Attendants and Complementary Health Care Service Providers and Attendants”, be amended as attached Schedule “C”.

PURPOSE:

To present a proposed amending by-law to By-law 2002-292, “A By-law Respecting the Licensing and Inspection of Body-rub Parlours and Attendants and Complementary Health Care Service Providers and Attendants” and provide to Council and stakeholders of the Body-rub/Complementary Health industry a response to concerns identified during the public meeting of November 18, 2003.

BACKGROUND:

By-law 2002-292 is in force to licence, regulate and inspect body-rub parlours, attendants, and operators, and complementary health care establishment owners, providers and operators.

The Municipal Act, S.O. 2001, c.25, section 150 and 151 authorizes the Town of Markham to pass by-laws regulating the adult entertainment industry. Pursuant to this statute, a public meeting must be held before Council passes a by-law.

This by-law is regulatory and is enacted for the purpose of safety and public protection. The additional licensing requirements of Complementary Health Care Providers in the by-law since January 2003, and a proactive approach of enforcement in co-operation with York Regional Police, has resulted in identifying a need to amend certain sections of the by-law.

The proposed amendments contained in this report will result in additional responsibilities of the attendants, operators and owners, which will assist in the provision of safe and equitable services for both the consumer and the affected business sector. In addition, the amendments will enhance the ability of York Regional Police and By-law Officers to inspect body-rub parlours and complementary healthcare establishments and enforce the regulations upon those that are not operating according to the law.

On November 18, 2003 Council held a public meeting and written notice was given to Complementary Healthcare Establishments and Body-rub Parlour Owners to attend and make representations of the proposed amendments. Notice to the public was placed in the community page of Markham Economist and Sun. Detective Constable Baird made representations to Council supporting the amendments and emphasizing their importance in the effective enforcement of the by-law, specifically related to offences of nudity and the provision of services appealing to sexual appetites. Members of the business community and integrated medical professions voiced some concerns to Council regarding the amendments to the by-law.

ANALYSIS/DISCUSSION:

A summary of the issues identified during the meeting, and the action to be taken to address those concerns, is attached to this report as Schedule “A”.

Schedule “B” of this report is a listing of amendments in the recommended by-law.

The Clerk’s office, Court Co-ordinator was consulted to suggest proposed changes that would assist in successful prosecutions. Those suggestions have been implemented into the proposed changes. The Assistant Town Solicitor has reviewed and concurs with the proposed amendments as well.

Owners of Licensed Body-Rub Parlours and Complementary Healthcare Establishments and recorded attendees of the November 18, 2003 public meeting was provided written notice of this meeting, and the subsequent Council Meeting date of December 16, 2003. In addition to the notice, a copy of the minutes of the Public meeting of November 18, 2003 was provided. The notice advised that a copy of the amending by-law was available in the Clerk’s office for perusal.

CONCLUSION:

In order that enforcement of the by-law is effective by the police and by-law officers during undercover inspections, amendments to the by-law must occur. Since identification of the problems in the by-law, there have been no recent charges of the provision of services appealing to sexual appetites, as a result of undercover work by York Regional Police.

ATTACHMENTS:

Schedule “A” – Results of Public Meeting, November 18, 2003

Schedule “B” – Explanation of Amendments

Sheila Birrell, Clerk

Andy Taylor

Schedule “A”

ISSUES IDENTIFIED AT PUBLIC MEETING – NOVEMBER 18, 2003
Concern	Solution
Attendant’s valid for only one location	Amend by-law to permit the endorsement of more than one location on attendant’s and operator’s licence, 3(n)
Pro-rated licence fee for applicants mid year	Cannot be addressed in this by-law, but maybe addressed during a review of the Licensing Fees By-law. Duration of licence not a factor in calculation of fee, rather consideration is made in administrative costs and enforcement which is constant regardless of the length of licence period.
Integrated Medicine, Craniosacraltherapy, Polarity Therapy – all practices which are not exempt from the by-law, but do not require regulation as per the by-law	Contact all parties representing these concerns and meet with them to determine their needs and how they can be recognized apart from Complementary Health as defined in the by-law, before year end. Prepare a by-law and/or report for public meeting before March 2004, addressing the distinction between alternative medical practices, and body-rubs.
Licence status while waiting for Council’s decision on issuance	Amend the by-law to include an extension of existing licence, pending Council’s decision of renewal, 31(a). The anticipated schedule of the Licensing Committee will result in less time of licensees being in a ‘pending’ status

Schedule “B”

EXPLANATION OF AMENDMENTS
Amending By-law Section		Amendment to 2002-292	Purpose			Amends Section of 2002-292
1	Removes alphabetical reference to definitions in by-law			Legal
2	Defines “Complementary Healthcare Establishment”			Legal – maintains consistency
3	Attendant and Operator must both be present during operation of business			Enforcement, Safety of licensees, Self regulation/compliance			3(n)
4 5	Removes the requirement of an owner to post attendants’ licences replaces it with the requirement to have contracts with attendants and to provide copies upon inspection			Enforcement, Safety of licensees, Self regulation/compliance Consistency with present practices			3(o) 3(p)
6	Removes the offence of a customer being unclothed			Legal requirement, requested by YRP and Regional Prosecutor’s Office			3(q)
7	Attendant is responsible to ensure the customer is covered during the provision of services			Enforcement Self regulation/compliance			3(t)
	Owner/operator responsible for attendant to ensure customer is covered			Enforcement Self regulation/compliance			3(u)
	Operator/Owner is responsible for the conduct of the attendant, to provide services permitted by by-law			Enforcement Self regulation/compliance			3(v)
	Attendant provide services only in premises that is licenced			Clarification of By-law Intent			3(w)
	Operate a parlour only where the owner hold a licence			Clarification of By-law Intent			3(x)
	Attendant ensure third party viewing window is not covered			Enforcement Self regulation/compliance			3(y)
8	Owner, operator and attendant ensure principal means of access not locked			Enforcement Self regulation/compliance			5(c)
9	Owner/operator ensure premises not ‘open for business’ except during times permitted, 9am to 9pm			Clarification of By-law Intent			6(a)
10	Owner/operator, post signs visible from outside, hours of operation			Inspection, Public protection, licensee’s safety			6(b)
EXPLANATION OF AMENDMENTS
Amending By-law Section		Amendment to 2002-292	Purpose		Amends Section of 2002-292
11	Re-numbers exemption of hours of operation to Health and Social Clubs			Administrative
12	Attendants’ and operators’ licence valid for the locations endorsed thereon, and the ability to amend endorsements			Self regulation/Compliance Identified during Public Meeting			15(a)and (b)
13	All applications to include Police Clearance Letter			Public protection, consistent with present practice			13
14	Replaces the application requirement of a ‘letter of employment’, with ‘copy of written contract’			Self Regulation/Compliance Public protection, consistent with section 3(o)			18
15	Attendant’s application to Medical Certificate			Public protection			19
16	Council’s authority to deny or issue with conditions, or to suspend or revoke a licence			Legal			30
17	Licensing Officer to extent licence period pending Licence Committee hearing outcome			Administrative, Consistency in Enforcement Identified during Public Meeting			31(a)