Bill 201 — Second Session, 18Th Legislature, 25 Elizabeth Ii . the Legislative Assembly of Alberta Bill 201 An Aicl Res,Pecti'Ng Bo'Dy-Rub-Parlours and Nud'E ,Parlours (Legislature 18, Session 2)

L18 S2 5664

Alberta — Bills

1976 Bill 201 Second Session, 18th Legislature, 25 Elizabeth II . THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 201 AN AiCl RES,PECTI'NG BO'DY-RUB-PARLOURS AND NUD'E ,PARLOURS MR. TAYLOR First Reading .............................. . Second Reading ............................ . Third Reading ............................. . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 201 Mr. Taylor BILL 201 1976

AN ACT RES:PECnNG BOIDY-RUB PARLOURS AND NUD'E ,PARJLOURS (Assented to , 1976) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foHows: 1.

In this Act. (a) "body-rub" means kneading, munipulating, rubbing, massaging, touching or physically stimUlating, by any direct or indirect means, of a person's body or part thereof, but does not include medical or therapeutic treatment given by la person duly qual lified, licensed or registered s.o to do under the laws of the Province; (b) "body-rub parlour" means a service or business where a body-rub is performed, offered or solicited; (c) "municipality" means a city, town, viUage, !Summer village, hamlet, municipal district or county; (d) "nude" means dressed is such a way that the re productive organs are not fully concelaled with a conventional

article of non-transparent clothing; ( e) "nude parlour" me,ans a service lor business which is performed nude or in the presence of any nude person and where a fee ils received for the service or business being carried on but does not include medical or therapeutic treatment given by a person duly qualified, licensed or registered so to do under the laws of the Province where the only nude person present is the person receiving the treatment; (f) ".owner" includes lessees, fI'lanchisees, licensees and shareholders in corp.orate owners. 2.

The council of a municipality may pass by-laws for l~censing, regulating, governing and inspecting body-rub parlours or nude parlours, for revoking or suspending any licence granted, and for l[miting the number 'Of such licences to be granted in the whole or in any part of the municipality

'Explanatory Notes General: Some cities in Canada have been plagued with a multi tude of body-rub parlours and businesses offering nude photo graphy, nude ping pong, nude dancing and even nude meditation. Some fifty of these congested Younge Street in Toronto with many of them distributing literature, some of which was in bad taste, to all who passed by. This bill gives the municipalities in Alberta the necessary muscle to deal with this matter before it becomes a serious problem here. I.

Definitions. 2. Municipalities empowered to licence and regulate.

or for ,stipulating that no licences may be granted in a part or in parts of a municipality. 3. The council of a municipality may refuse to grant or may cancel a licence to operate a body-rub parlour or nude parlour where any person who is an owner or operator or proposed owner or operator has been convicted of any offence under the Criminal Code (Canada) that in the opinion of the council is relevant to the suitability of that person to be an .owner or operator. 4.

The council of a municipal,ity may specify that the services that a body-rub parlour or nude parl.our is licensed to administer must be administered only on the premises stipulated in the licence. 5. In establishing licence fees for body-rub parlours and nude parlours, the municipality may set such lkence fees as it considers appropriate for regulating body-rub par lours and nude parlours and for the purpose of raising revenue. Subsections (3) and (4) of

section 214 of The Municipal Government Act shall not :apply to the establish ment of suc!h licence fees. However, the annual licence fee for 'any .one body-rub parlour or nude parl.our shall not exceed One Thousand Dollars. 6. A by-law passed under this Act may provide for the regulation, prohibition or lim.itation of the distribution, I.oClation, pla,cement, construction, size, nature and character of SJigns, advertising, and advertising devices used for the purpose of promoting body-rub parlours or nude parlours. 7.

Where in a municipality a medical officer of health .or a public health inspector acting under !his direction, or a peace officer, has reasonable grounds to believe that a breach of any provi,sion of this Act or of a by-law passed hereto has occurred on premises within the municipality, he may enter such premises at any time to enforce any by-law passed under this Act or any provision of this Act. 8. Any person adm~tting or helping a person under the age of eighteen years to gain entry to a body-rub parlour or nude parlour is guilty of an offence and liable on

summary conviction to a fine of not less than Two Hundred Dollars and not more than Five Hundred Dollars or imprisonment for not more than six months or to both fine and imprison ment. 9. Any person under the age of eighteen years who enters 'a body-rub parlour or nude parlour, or who makes a false statement or uses any false or forged document to 2.

3. Criminal record taken into account. 4. Licence to specify premises. 5. Establishes maximum licence fee.

Section 214, subsections (3) and (4), of The Municipal Gov ernment Act, reads as follows:

(3) A licence fee may be in the nature of a reasonable tax for the privilege conferred by the licence or for the purpose of raising revenue and may be computed in any manner accepted by the council.

(4) In fixing a licence fee the council shall, where applicable, have regard for the business tax payable by similar businesses in the municipality. 6. Regulation of advertising material. 7. Inspection by municipal health or peace officers. 8. - II. Offences and penalties. 2

attempt to p~ove he is of the age of eighteen years or more or uses any other means in an 'attempt to gain entry to a body-rub parlour or nude parlour, is guilty of an offence and liable on

summary conviction to a fine of not less than Fifty Dollars and not more than Two Hundred Dollars. 10. Any person being the owner or operator of a body rub parlour or nude parlour without a valid licence or fail ing to keep at all times on the premises where the parlour is licensed to operate a valid licence is guilty of an offence and liable on

summary conviction to a fine of not more than One Thousand Dollars ,or imprisonment for not more than one year or to both fine and imprisonment. 11. Any person being the owner or operator of a body rub parlour or nude parlour where the services of that parlour are adm,inistered 'at any time outside the premises licensed for such services is guilty of an offence and liable on

summary conviction as if convicted of operating without a valid licence in contravention of

section 11. 12. Subject to the modifications and exceptions set out in this Act, The Municipal Government Act applies, mutatis mutandis, to the licensing and regul:ation by 'a municipality of body-rub parlours and nude parlours. 13. This Act comes into force on the day upon which it is assented to. 3

12. Municipal Government Act applies. 13. Coming into force. 3 Title: 1976 (18th, 2nd) Bill 201,

An Act Respecting Body-Rub Parlours and Nude Parlours

Document details

Collection	Alberta — Bills
Citation	L18 S2 5664
Type	bill
Volume / chapter	L18 S2 5664
Language	en
Format	json
Source	PROVINCIAL
Identifier	9cd3ffd860adaf9082c4e9d957d251dc7fd9e6bf

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