Muncipal Amendment Act (Adult Entertainment Parlors), 2001 Bartolucci, Rick — Bill 24 (37th Parliament, 3rd Session)

Bill 24, 37-3

Ontario — Bills

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Bill 24, Muncipal Amendment Act (Adult Entertainment Parlors), 2001

Bartolucci, Rick

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[37] Bill 24 Original (PDF)

Bill 24 2001

An Act to amend the

Municipal Act

with respect to

adult entertainment parlours

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

(1) Section 225 of the Municipal

Act , as amended by the Statutes of Ontario, 1996,

chapter 1,

Schedule M,

section 13, is further amended by adding the following

subsections:

Licence required

(1.1) No person shall operate an adult entertainment parlour

unless the person has been issued a licence to do so by the municipality in

which the parlour is located.

Qualifications for licence

(1.2) A municipality shall not issue a licence to operate an

adult entertainment parlour to,

(

a) a person who has been convicted of an offence under

section 151, 152,

153, 153.1, 159, 160, 163.1, 201, 211, 212, 213, 462.31 or 467.1 of the

Criminal Code (Canada);

(

b) any corporation whose owners or directors include a person who has

been convicted of an offence referred to in clause (a);

(

c) a person who is under 18 years of age; or

(

d) a person who has been convicted of an offence under subsection

(1.5).

Term of licence

(1.3) A licence to operate an adult entertainment parlour shall

be issued for a term of two years and may be renewed upon its expiry.

Qualifications of persons

working in parlour

(1.4) A person who holds a licence to operate an adult

entertainment parlour shall ensure that no person works or performs or

provides services in an adult entertainment parlour unless,

(

a) the person is at least 18 years of age; and

(

b) the person holds a licence to work or perform or provide the services

in the adult entertainment parlour issued by the municipality in accordance

with

section 226.

Offence

(1.5) A person who holds a licence to operate an adult

entertainment parlour who contravenes subsection (1.4) is guilty of an

offence and on conviction is liable to,

(

a) on a first offence, a fine of not less than $20,000 and not more than

$100,000 or to imprisonment not exceeding six months, or both; and

(

b) on a subsequent offence, a fine of not less than $50,000 and not more

than $250,000 or to imprisonment not exceeding one year, or both.

Defence of due diligence

(1.6) It is a defence to a charge under subsection (1.5) that

the defendant took every reasonable precaution to ensure that the persons

working or providing or performing services in the adult entertainment

parlour were at least 18 years of age and held a licence to work or perform

or provide the services in the parlour.

Revocation of licence

(1.7) A municipality shall revoke a licence issued under this

section if the person who holds the licence is found guilty of an offence

under subsection (1.5) or of an offence referred to in clause (1.2) (

a) and,

if a licence under the Liquor Licence Act has been issued with

respect to the adult entertainment parlour in question, shall promptly give

the Liquor Licence Board of Ontario written notice of the revocation.

(2) Subsection 225 (9) of the Act is amended by

striking out "In this section" at the beginning and substituting "In this

section and in

section 226".

(3) The definition of "adult entertainment parlour" in

subsection 225 (9) of the Act is repealed and the following

substituted:

"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, including,

(

a) services that include the arranging of dates, escorts or nude or

partially nude dancing for a fee, and

(

b) telephone, electronic or internet sex lines a principal feature of

which includes communications, conversations or video imagery, which are

sexual in nature. ("local de divertissement pour adultes")

2. The Act is amended by adding the following

section:

Licensing of persons to provide services

(1) By-laws may be passed by

the councils of local municipalities respecting the licensing of persons to

work or perform or provide services in an adult entertainment parlour.

Form of licence

(2) A licence to work or perform or provide services in an

adult entertainment parlour shall be in the form approved by the municipality

that issues the licence and shall contain a picture of the licensee and the

licensee's date of birth.

Prohibition

(3) No person shall work or perform or provide services in an

adult entertainment parlour unless the person holds a licence to work or

perform or provide the services in the adult entertainment parlour issued by

the municipality.

Licensed services

(4) For greater certainty, the services for which a licence is

required under this

section include services designed to appeal to erotic or

sexual appetites or inclinations and any other services provided in an adult

entertainment parlour.

Qualifications for licence

(5) A municipality shall not issue a licence to work or perform

or provide services in an adult entertainment parlour to,

(

a) a person who has been convicted of an offence under

section 151, 152,

153, 153.1, 159, 160, 163.1, 201, 211, 212, 213, 462.31 or 467.1 of the

Criminal Code (Canada); or

(

b) a person who is under 18 years of age.

Carry licence

(6) A person who holds a licence to work or perform or provide

services in an adult entertainment parlour shall have the licence on his or

her person, or readily available at the parlour, while he or she is working

or performing or providing services.

Produce licence

(7) A person who holds a licence to work or perform or provide

services in an adult entertainment parlour shall produce the licence upon

request by a peace officer.

Apprehension of persons under 18

(8) If a peace officer has reasonable grounds to believe that a

person who is working or performing or providing services in an adult

entertainment parlour is under the age of 18, the peace officer may, without

a warrant,

(

a) enter the adult entertainment parlour and search for and remove the

person; and

(

b) convey the person to a place that is a place of safety within the

meaning of the Child and Family Services Act .

Entry

(9) A peace officer authorized to enter an adult entertainment

parlour under clause (8) (

a) shall exercise the power of entry in accordance

with the regulations.

Detention in place of safety

(10) A person who is conveyed to a place of safety under

subsection (8) shall remain there for up to five days.

Application of

Child and Family Services Act

(11) Part III of the Child and Family Services Act

applies, with necessary modifications, to a person who is conveyed to a place

of safety under subsection (8) and for the purposes of the application of

that Part,

(

a) a person conveyed to a place of safety who is 16 years of age or older

and under 18 shall be deemed to be less than 16 years of age;

(

b) the peace officer who detained the person referred to in clause (

a) shall ensure that the matter is brought before a court for a hearing under

section 47 of the Child and Family Services Act within five days of

bringing the person to the place of safety.

Offence

(12) A person who contravenes subsection (3) is guilty of an

offence and on conviction is liable to a fine of not less than $100 and not

more than $500.

Same

(13) A person who is under 18 years of age and who works or

performs or provides services in an adult entertainment parlour is guilty of

an offence and on conviction is liable to a fine of not less than $200 and

not more than $500.

No charge

(14) A person who is under 18 years of age shall not be charged

with an offence under subsection (12) or (13) unless the person has been

previously apprehended under subsection (8) and has returned to an adult

entertainment parlour to work or perform or provide services.

Offence

(15) A person who contravenes subsection (6) or (7) is guilty

of an offence and on conviction is liable to a fine of not less than $300 and

not more than $1,000.

Conditions

(16) A licence issued under this

section is subject to such

conditions as may be specified by by-law or as may be specified in the

licence.

Regulations

(17) The Lieutenant Governor in Council may make regulations

respecting the power to enter adult entertainment parlours under subsection

(8).

Commencement

3. This Act comes into force on the day it receives

Royal Assent.

Short title

4. The

short title of this Act is the Municipal

Amendment Act (Adult Entertainment Parlours), 2001.

EXPLANATORY NOTE

The Bill amends

section 225 of the Municipal Act relating to

adult entertainment parlours. It prohibits a person from operating such

parlours unless they are issued a licence to do so from the municipality in

which the parlour is located. It sets out provisions relating to the

qualifications for obtaining a licence to operate an adult entertainment

parlour, including a requirement that the applicant for a licence not have

been found guilty under the Criminal Code (Canada) of keeping a

common bawdy house, of living off the avails of prostitution in relation to

the adult entertainment parlour or of participating in organized crimes. The

Bill also prohibits a person licensed to operate an adult entertainment

parlour from employing a person who is under 18 years of age or who does not

hold a licence to work or perform or provide services in the parlour.

The Bill amends the definition of "adult entertainment parlour" to include

premises from which dates, escorts or nude or partially nude dancing is

arranged for a fee and in which telephone, electronic or internet sex lines

are available.

The Bill adds

section 226 to the Act. This

section gives local

municipalities the power to pass by-laws requiring persons to be licensed to

work, perform or provide services in an adult entertainment parlour. A person

is prohibited from providing such services in a municipality unless the

person holds a licence issued by the municipality. A person must be at least

18 years of age in order to be issued such a licence and have qualifications

similar to those required to hold a licence to operate an adult entertainment

parlour. The licence issued by the municipality must contain a picture of the

licensee and the licensee's date of birth. A person who works in an adult

entertainment parlour must have the licence available at the parlour at all

times while working and produce it for inspection upon request by a peace

officer.

A person who is under 18 and is working in an adult entertainment parlour

may be apprehended by a peace officer and brought to a place that is a place

of safety within the meaning of the Child and Family Services Act . A

person who is conveyed to a place of safety under these provisions may be

detained there for up to five days and shall be subject to

Part III of the

Child and Family Services Act .

Date Bill stage Activity Committee

December 5, 2001

Ordered carried over from previous session

December 5, 2001

Carried over to next session

April 26, 2001

First Reading

Carried

Debates and Progress

First Reading

April

26, 2001

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 24, 37-3
Type	bill
Volume / chapter	p37 s3 bill 24 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b7877073fe495a08398753d79e859d266324cb7c

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