Bill 201 — Third Session, 18Th Legislature, 26 Elizabeth Ii the Legislative Assembly of Alberta Bill 201 An Actres:P'Ecting Boidy-Rub Parlours An;D Nude Parlours (Legislature 18, Session 3)

L18 S3 5807

Alberta — Bills

1977 Bill 201 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 201 AN ACTRES:P'ECTING BOIDY-RUB PARLOURS AN;D NUDE PARLOURS MR. TAYLOR First Reading .... Second Reading Third Reading Printed by the Queen's Printer for the D"ovince of Alberta. EDMONTON

Bill 201 Mr. Taylor BILL 201 1977

AN ACT RESPECTING BOIDY-RUB PARLOURS AND NUDE PARLOURS (Assented to ,1977 HER MAJESTY, by and with the advice and c'Onsent 'Of the Legislative Assembly 'Of Alberta, enacts as f'OIl'Ows: 1. In this Act, (a) "body-rub" means kneading, m1anipulating, rub bing, massaging, t'Ouching lOr physically stimulating, by and direct 'Or indireot means, 'Of a person's body 'Or part thereof, but does not include medical or the rapeutic treatment given by a pers'On duly qualified as a masseur or physi'Other'apist and licenced or registered under the llaws 'Of the Province; (b) "body-rub parlour" means a service or business where a b'Ody-rub is performed, 'Offered or solicited ; (c) "duly qualified" means (

i) registered with the Chartered Physiotherapists As,sociation, 'Or (ii) having attended and completed a course of study in ,massage approved by the Mi~ister of Educa tion 'Of n'Ot less than 780 hours during a period 'Of not less than 'One year in a school, and hold ing a certificate issued by the sch'Ool showing the c'Ompleti'On of and satisfactory perf'Ormance in the course, 'Or (iii) having w'Orked as a masseur within the Pro vince of Alberta forr a peri'Od of three c'Onsoou tive years pri'Or to' cooning intO' force of this Act; (d) "municipality" means a city, t'Own, village, summer village, hamlet, municipal district or county; (e) "nude" means dressed in such a way that the re productive organs are not fully concealed with a c'Onventi'Onal

article of n'On-transparent cl'Othing; (f) "nude parlour" means an establishment where a service 'Or business is performed nude 'Or in the pre sence 'Of any nude person and where a fee is received for the service 'Or business but does n'Ot include any

Expanatory ,Notes General. The purpose of this Bill is to increase the power of municipalities to regulate and control massage and nude parlours more effectively to prevent them becoming a nuisance to the pUblic. I.

Definitions.

pl'ace where medical or therapeutic treatment is giv en by a person duly qualified, licensed or registered so tD dD under the laws of the PrDvince where the only nude person present is the perSDn receiving the treatment; (g) "owner" includes any lessee, franchisee, licensee, shareholder in a corpDration or partner in a partner ship. 2.

The council of a municipality may pass by-laws for licensing, reguhiting, governing and inspecting body-rub plarlDurs Dr nude parlours, for revoking or suspending any licence granted and for limiting the number of such licences to be granted in the whole or in any part of the municipality or for stipulating that no licences may be granted in the municipality Dr in a part Dr in parts 'Of the municipality. ,3.

The council of a municipality m:ay 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 prDposed owner or operator has been convicted of any of fence under the Criminal Code (Canada) which in the opin ion of the council is relevant to the suitability of that per son to be an owner or operator. 4. ND form of entertainment, business Dr service shall be carried on, given or offered to the public in a body-rub parlour or a nude parlour other than such entertainment or service as is specified on the licence held by the p1arlour. 5.

(1) In establishing licence fees for body-rub parlours and nude parlours, the municipality may set such licence fees as it considers appropriate for regulating body-rub p'arlours and nude parlours and for the purpose of rais-ing revenue. (2) Subsections (3) and (4) 'Of

section 214 of The Mun'i cipal Government Act shall not apply to the estahlishment of such licence fees.

(3) The annual licence fee for a body-rub parlour or nude parlour shall not exceed $4,000. H. A by-law passed under this Act may provide for the regul,ation, prohibition or limitation of the distribution, location, placement, construction, size, nature and character of signs, 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 or a city inspector acting un- 2

2. Municipalities empowered to license and regulate. 3. Criminal record taken into account. 4. Licence to specify premises. 5. Establishes maximum licence fee. Seetion 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 bc computed in any manner accepted by the council.

(4) In fixing a licence fee the council shall, where applicable, have rcg3.rd for the business tax payable by similar businesses in the municipality. 6. Regulation of advertising material. 7. Inspection by municipal health or peace officers. 2

der his directi'On or a peace 'Officer, has reasnnable grnunds tn believe that a breach 'Of any provisinn of this Act has occurred 'On premises within the municipality, he may enter such premises at any time to enforce any pr'OvisiQn 'Of this Act. 8.

Any person admitting 'Or helping a perSQn whQ is actually under the age 'Of 18 years, 'Or is apparently under the age of 18 years unless that perSQn is actually 'Of the age 'Of 18 ye'ars 'Or more, 17'0 gain admig,siQn t'O a bQdy-rub par lnur 'Or nude parlour is guilty 'Of an 'Offence and liable on summ'ary cnnviction 17'0 a fine of not less than $200 and nnt more than $500 'Or imprisonment fQr nQt more than six mQnths 'Or 17'0 both fine and imprisonment. 9.

Any person unde'r the age 'Of 18 years who enters a b'Ody-rub parlQur 'Or nude parlour, 'Or who m'akes a false statement 'Or uses any false 'Or fnrged dncument tn ·attempt to prQve he is of the age 'Of 18 y~ars or more 'Or uses any 'Other means in an attempt tn gain entry to a bQdy-rub parlour 'Or nude parlour, is guilty 'Of an 'Offence and liable 'On summ~y cnnviction tn a fine of nQt less than $50 and not more than $200. 10.

(1) Any perSQn being the 'Owner 'Or Qperat'Or 'Of a body-rub parlour 'Or nude parl'Our withQut a valid licence 'Or failing to keep at all times 'On the premises where the parlQur is licensed t'O Qper'ate a valid licence is guilty of an 'Offence and liable on

summary cQnvicti'On tQ a fine 'Of nQt mQre than $1,000 'Or imprisnnment fQr nnt more than 'One year 'Or to both fine and imprisonment.

(2) Any pers'On being the owner 'Or nperatQr of a body rub parI 'Our 'Or nude parlour where the services 'Of that parl'Our are administered at any time 'Outside the premises licensed f'Or such services is guilty of an offence and liable 'On

summary convictiQn as if convicted of operating without a valid licence in cQntraventiQn 'Of subsection (1).

(3) Any licence issued tQ a person fnr the operatiQn 'Of a body-rub parlQur 'Or nude parlour g,hall become void up 'On cnnvicti'On fQr an offence under subsectiQn (1) 'Or (2). 11. Subject tQ the modifications and excepti'Ons set 'Out in this Act, The Municipal Govern1nent Act applies, mutatis mutandis, tn the licensing and regulation by a municipality of bQdy-rub parlnurs and nude p1arlours. 12. This Act cnmes intQ fnrce on the day upon which it is assented t'O. 3

8.-10. Offences and penalities. II. Municipal Government Act applies. 12. Coming into force. 3 Title: 1977 (18th, 3rd) Bill 201,

An Act Respecting Body-Rub Parlours and Nude Parlours

Document details

Collection	Alberta — Bills
Citation	L18 S3 5807
Type	bill
Volume / chapter	L18 S3 5807
Language	en
Format	json
Source	PROVINCIAL
Identifier	be27126b895fcc7b72c7144a76c1a6ad80b4d935

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