3. BY-LAW HARMONIZATION – LICENSING – ADULT ENTERTAINMENT PARLOURS

HARMONISATION DES RÈGLEMENTS – PERMIS – SALLES DE DIVERTISSEMENT POUR ADULTES

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council approve amendments to Licensing By-law No. 2002-189, as detailed in Document 1, to establish harmonized regulations for the licensing and regulating of Adult Entertainment Parlours, as outlined in Document 1 and as amended by the following:

1. WHEREAS, on Monday June 7^th , 2004, staff and the Emergency and Protective Services Committee Chair met with representatives of the Dancers’ Equal Rights Association (DERA), to review the final recommendation and proposed Adult Entertainment Parlour regulations;

AND WHEREAS, DERA stated its opposition to the licensing of “performers” on the grounds that licensing “dancers” created “privacy” issues and duplicated measures and regulations already in place to prohibit and discourage under aged dancers and illegal activities;

AND WHEREAS, staff and the Committee Chair concurs that other regulation is available that can address the issue of under age dancers and other illegal activities;

THEREFORE BE IT RESOLVED that EPS Committee recommend to Council that the proposed draft by-law be amended to delete the licensing requirement of adult entertainment “performers” and that other regulations and provisions associated with the licensing of “performers” also be deleted.

2. WHEREAS, on Monday June 7^th , 2004, staff met with representatives of the Dancers’ Equal Rights Association (DERA), to review the final recommendation and proposed Adult Entertainment Parlour regulations;

AND WHEREAS, DERA suggested that the floor plan(s) showing the “Designated Entertainment Area(s)” as required in Section 4(e) of the proposed by-law, be posted in the change rooms;

AND WHEREAS, the requirement for the approval of floor plan(s) showing the “Designated Entertainment Area(s)” is a new requirement aimed at creating a safer environment, and informing the owners/operators, dancers, and patrons of the areas where performances are permitted;

THEREFORE BE IT RESOLVED that EPS Committee recommend to Council that the adult entertainment parlour regulation be amended to require that the staff approved floor plan(s) showing the “designated entertainment area(s)” as required by Section 4(e) of the proposed by-law, be posted by the owner in the “performers’” change rooms and at all public entrances.

3. WHEREAS, a number of motions have been approved by the Emergency and Protective Services Committee that will require significant changes to the staff recommendation and the proposed Adult Entertainment Parlour regulation;

AND WHEREAS, the impact of the changes may require a number of other provisions of the regulation to be amended, or new provisions added to render the regulation effective;

AND WHEREAS, staff may need time to review the impact of the motions on the regulation;

THEREFORE BE IT RESOLVED that EPS Committee direct staff to:

a) Create for information purposes a revised draft by-law reflecting the motions approved at Committee;

b) Circulate the revised draft by-law created for information purposes to Members of Council by June 16, 2004, and request that any comments be received by noon June 22, 2004; and

c) Forward a summary of any comments to Members of Council for information prior to formal approval by Council at its meeting of June 23^rd, 2004.

RECOMMENDATIONS MODIFIÉES DU COMITÉ

Que le Conseil municipal approuve les modifications au Règlement n^o 189-2002, le Règlement sur les permis d’entreprise, décrites au Document 1, en vue d’harmoniser la réglementation à l’égard de la délivrance de permis et de la régie des salles de divertissement pour adultes, tel que décrit au Document 1 et modifié comme suit :

1. ATTENDU QUE, le lundi 7 juin 2004, les employés et le président du Comité de services de protection et d’urgence ont rencontré les représentants de la Dancers’ Equal Rights Association (DERA) pour passer en revue les recommandations finales et le règlement proposé pour régir les salles de divertissement pour adultes;

ATTENDU QUE la DERA s’est opposée à la délivrance de permis aux « artistes » sous prétexte que la délivrance de permis aux « danseuses » soulevait des questions en matière de « vie privée » et reprenait les mesures et règlements déjà en place interdisant et dissuadant l’embauche de danseuses mineures et les activités illégales;

ET ATTENDU QUE les employés et le président du Comité conviennent que d’autres règlements traitent de l’embauche de danseuses mineures et d’autres activités illégales;

PAR CONSÉQUENT, IL EST RÉSOLU que le Comité des services de protection et d’urgence recommande au Conseil que l’ébauche du règlement proposé soit modifiée de façon à supprimer les exigences de délivrance de permis aux « artistes » du divertissement pour adultes et que les autres règlements et dispositions à cet égard soient également supprimés.

2. ATTENDU QUE, le lundi 7 juin 2004, les employés ont rencontré les représentants de la Dancers’ Equal Rights Association (DERA) afin de passer en revue les recommandations finales et le règlement proposé sur les salles de divertissement pour adultes;

ATTENDU QUE la DERA a suggéré que les plans des salles montrant les « aires de divertissement désignées », comme l’exige l’article 4(e) du règlement proposé, soient affichés dans les loges;

ET ATTENDU QUE l’approbation requise des plans des salles montrant les « aires de divertissement désignées » constitue une nouvelle exigence visant à créer un environnement plus sécuritaire et à informer les propriétaires, exploitants, danseuses et clients des endroits où les spectacles sont permis;

PAR CONSÉQUENT, IL EST RÉSOLU que le Comité des services de protection et d’urgence recommande au Conseil que le règlement sur les salles de divertissement pour adultes soit modifié afin de préciser que les plans des salles montrant les « aires de divertissement désignées » approuvés par les employés, comme l’exige l’article 4(e) du règlement proposé, doivent être affichés dans les loges des « artistes » et dans toutes les entrées publiques.

3. ATTENDU QUE le Comité des services de protection et d’urgence a approuvé un certain nombre de motions exigeant d’importants changements dans les recommandations des employés et dans le règlement proposé sur les salles de divertissement pour adultes;

ATTENDU QUE ces changements peuvent entraîner la modification d’un certain nombre d’autres dispositions du règlement ou l’ajout de nouvelles dispositions pour accroître l’efficacité du règlement;

ET ATTENDU QUE les employés peuvent avoir besoin de temps pour étudier l’incidence de ces requêtes sur le règlement;

PAR CONSÉQUENT, IL EST RÉSOLU que le Comité des services de protection et d’urgence enjoigne les employés de :

a) rédiger, à des fins d’information, une ébauche révisée du règlement municipal pour refléter les requêtes approuvées par le Comité;

b) transmettre aux conseillers l’ébauche révisée du règlement municipal rédigée à titre d’information avant le 16 juin 2004 et demander que tout commentaire soit envoyé avant midi, le 22 juin 2004;

c) transmettre aux conseillers un résumé de ces commentaires à titre d’information avant l’approbation officielle du règlement par le Conseil à sa réunion du 23 juin 2004.

DOCUMENTATION

1. Deputy City Manager, Community and Protective Services report dated 3 June 2004 (ACS2004-EPS-BYL-0018).

2. Extract of Draft Minutes 7, Emergency and Protective Services Committee meeting of 10 June 2004.

Report to/Rapport au :

Emergency and Protective Services Committee

Comité des services de protection et d'urgence

and Council / et au Conseil

3 June 2004/le 3 juin 2004

Submitted by/Soumis par : Deputy City Manager,

Community and Protective Services / Directeur municipal adjoint,

Services communautaires et de protection

Contact/Personne-ressource : Susan Jones,

Director, By-law Services / Directrice, Règlements municipaux

580-2424, ext/poste 25536, Susan.Jones@ottawa.ca

Ref N°: ACS2004-EPS-BYL-0018

SUBJECT:	BY-LAW HARMONIZATION – LICENSING – ADULT ENTERTAINMENT PARLOURS

OBJET :	HARMONISATION DES RÈGLEMENTS - PERMIS – SALLES DE DIVERTISSEMENT POUR ADULTES

REPORT RECOMMENDATION

That the Emergency and Protective Services Committee recommend that Council approve amendments to Licensing By-law No. 2002-189, as detailed in Document 1, to establish harmonized regulations for the licensing and regulating of Adult Entertainment Parlours, as outlined in Document 1.

RECOMMANDATION DU RAPPORT

Que le Comité des services de protection et d’urgence recommande au Conseil d’approuver les modifications au Règlement municipal 189-2002 énoncées au document 1, qui visent à harmoniser la réglementation régissant les salles de divertissement pour adultes.

EXECUTIVE SUMMARY

Assumptions and Analysis:

The purpose of the proposed Adult Entertainment Parlour (AEP) regulation is to protect the health and safety of patrons and employees and to minimize nuisances. The proposed regulation is similar to by-laws inherited from the former municipalities, and incorporates additional requirements that are consistent with Adult Entertainment Parlour by-laws of other Ontario municipalities. The proposed by-law:

· Incorporates many of the basic provisions of the former by-laws;

· Requires AEP Owners, Operators and Dancers to obtain a licence;

· Requires that dancers have a City issued photo license when working at an AEP;

· Establishes new licence fees that reflect cost recovery objectives;

· Requires the City to provide an information package to licensees outlining: Responsibilities, Health Risks, Support and Enforcement Services available;

· Requires that all entertainment areas be approved by Police and By-law Services;

· Requires Owners to post signs that state:

- No Touching/No Lap Dancing (Ottawa Police and By-law Services Phone Numbers)

- Sexually Transmitted Infections can be transmitted through unprotected physical Contact

- Valid Business Licence

· Requires that the Owner/Operator keep a daily record of employees and dancers and their assigned duties;

· Requires that all stage equipment be cleaned and disinfected between acts;

· Prohibits touching, lap dancing and the performance of certain sexual activities;

· Prohibits any entertainment outside of the approved “Designated Entertainment Areas”

· Establishes Hours of Operations to be 11:00 a.m. of one day to 2:00 a.m. of the next day; and

· Restricts signage.

Financial Implications:

Approval of the recommendation is expected to result in an increase in annual revenues to account 132710-407244 Business Licences in the estimated amount of $40,000.

Public Consultation/Input:

The Dancers’ Equal Rights Association, Ottawa Police Services and Health Services co-operated with the Community and Protective Services Department in the development of the proposed regulations. A notice appeared in the Ottawa Citizen, the Ottawa Sun and Le Droit on May 21 and May 28, 2004, advising of the proposed Adult Entertainment Parlour regulations; the date, time, and location of the EPS Committee public meeting at which the matter would be considered and a contact name to provide comment or inquiries. In the week of May 17 a similar Notice was mailed to all licensees. On June 1, 2004, By-law Services staff met with representatives of all Adult Entertainment Parlour Owners and their legal representatives to discuss their concerns. As a result of the consultation a number of changes were made to the report to address the concerns where those were deemed appropriate. There continues to be objections to the proposed regulation requiring that entertainers/dancers obtain a photo licence, and restrictions that could prohibit “champagne rooms”.

RÉSUMÉ

Hypothèses et analyse :

La réglementation projetée concernant les salles de divertissement pour adultes vise à protéger la santé et la sécurité des clients et des employés et à réduire les nuisances au minimum. S’apparentant aux règlements municipaux hérités des anciennes municipalités, le projet de règlement comporte des exigences supplémentaires qui le rendent conforme aux règlements d’autres municipalités ontariennes. Le règlement municipal projeté :

· renferme les mêmes dispositions fondamentales que les anciens règlements municipaux;

· oblige les propriétaires et les exploitants de salles de divertissement pour adultes ainsi que les danseuses et les danseurs à obtenir un permis;

· exige que les danseuses et les danseurs travaillant dans une salle de divertissement pour adultes possèdent un permis numéroté avec photo délivré par la Ville;

· établit de nouveaux frais d’obtention de permis correspondant aux objectifs de recouvrement des coûts;

· exige que les zones de divertissement soient approuvées par le Service de police et les Services des règlements municipaux;

· exige que les propriétaires posent des enseignes portant les mentions suivantes :

- Attouchements interdits / Danse contact interdite (numéros de téléphone du Service de police d’Ottawa et des Services des règlements municipaux)

- Les contacts physiques non protégés peuvent être à l’origine d’infections transmises sexuellement

- Permis d’exploitation valide;

· oblige les propriétaires et exploitants à tenir un registre quotidien des employés et des danseuses ou danseurs indiquant les fonctions attribuées à ces derniers;

· exige que l’équipement de scène soit nettoyé et désinfecté entre les numéros;

· interdit les attouchements, la danse contact ainsi que certaines activités à caractère sexuel;

· interdit toute activité de divertissement en dehors des « zones de divertissement désignées »;

· précise que les heures d’ouverture sont de 11 h du matin à 2 h le lendemain;

· impose des restrictions en ce qui concerne les enseignes.

Répercussions financières :

On estime que l’approbation de la recommandation susciterait une augmentation annuelle de 40,000 $ des recettes versées au compte 132710-407244 – Permis d’entreprise.

Consultation publique / commentaires :

Le Service de police d’Ottawa et les Services de santé ont apporté leur collaboration aux Services de protection et d’urgence pour l’élaboration du règlement projeté. Les 21 et 28 mai 2004, on a fait paraître dans l’Ottawa Citizen, l’Ottawa Sun et Le Droit un avis qui informait la population du projet de règlement sur les salles de divertissement pour adultes, qui précisait la date, l’heure et le lieu de la réunion du Comité des services de protection et d’urgence au cours de laquelle la question devait être examinée et qui donnait le nom de la personne-ressource à laquelle les commentaires ou demandes de renseignements devaient être adressés. Un avis analogue a été envoyé à la Dancers' Equal Rights Association, et à tous les titulaires de permis au cours de la semaine du 17 mai. Le 1^er juin 2004, des représentants des Services des règlements municipaux ont rencontré des représentants des salles de divertissement pour adultes afin de discuter leurs points d'intérêts.

BACKGROUND

Sections 150 and 151 of the Municipal Act grants municipalities the authority to license, regulate and govern adult entertainment establishments, define the area where they may or may not operate, and limit the number of licences granted in any of the defined areas. The Act also empowers the municipality to regulate and prohibit all aspects of advertising and promotion of adult entertainment establishments, to prohibit the owner or operator from allowing any person under the age of 18 years from entering or remaining in any part of the establishment, and to set licence fees based on the recovery of costs related to the administration and enforcement of the regulation.

The general rule of law does not empower municipalities to totally prohibit licensable businesses or to regulate in a way that would effectively prohibit licensable businesses.

Under the Municipal Act, any part of a premises is considered an Adult Entertainment Establishment if, the business provides, goods, entertainment or services that are designated to appeal to erotic or sexual appetites or inclinations.

This report and its recommendation applies only to the licensing and regulating of adult entertainment parlours. Licensing and regulatory requirements for the operation of adult entertainment stores and body-rub parlours will be presented in future reports to the Emergency and Protective Services Committee.

DISCUSSION

Currently, there are nine (9) licensed Adult Entertainment Parlours operating within the city as follows: 4 in the former City of Ottawa; 1 each in Nepean, Gloucester, Kanata, Cumberland, and Vanier. Pre-amalgamation by-laws continue to be in effect and enforced within the respective boundaries of the former municipalities in which they were enacted until those are repealed, amended or replaced by City Council.

Although different in some aspects, these by-laws were enacted to ensure that the health and safety of patrons and employees are not compromised, and to limit the negative impact of the establishments on the community.

The proposed regulation is the result of detailed reviews of by-laws from former pre-amalgamation municipalities and regulations currently in place in other Ontario cities. A comparison between the proposed By-law and the related provisions of the former municipalities is provided in Document 2.

The recommendation proposes to incorporate the harmonized adult entertainment parlour regulations into the City of Ottawa Licensing By-law No. 2002-189.

A - Administrative Requirements

Information provided by the applicants is essential in ensuring coordinated enforcement of the Adult Entertainment Parlour by-law. Applicants shall be required to provide specific information for their original licences and licence renewals. By-law Services staff are tasked with verifying that all required information is collected in accordance with the By-law and where possible verify that the information is accurate and authentic. The applicants must ensure that the information provided is accurate. Applicants and licensees must up-date any changes to information provided on their application within 5 business days of any changes.

1. Licence Application Requirements

a) Owners must:

Appear in person and be 18 years of age or older;

Produce appropriate identification (as defined in the by-law) for verification;

Provide two (2) recent passport size photo or pictures may be taken by staff at the time of application;

Produce a recent Police Record Check (not more than 30 days old);

Produce proof of insurance in the amount of $2,000,000;

Produce list of business partners, related contact information, and indicate the extent of the partners’ involvement in the business;

Provide the names of the licensed operators and contact information;

Provide a detailed scaled floor plan showing actual site conditions (structures, rooms, entrances/exits, etc), and the “Designated Entertainment Areas” for approval; and

Pay the related fees.

b) Operators must:

Appear in person and be 18 years of age or older;

Produce appropriate identification (as defined in the by-law) for verification;

Provide two (2) recent passport size photo or pictures may be taken by staff at the time of application;

Produce a recent Police Record Check (not more than 30 days old);

Provide the name of the licensed Owner of the AEP where the applicant will be employed; and

Pay the related fees.

c) Entertainers/Dancers must:

Appear in person and be 18 years of age or older;

Produce appropriate identification (as defined in the by-law) for verification ;

Provide two (2) recent passport size photo or pictures may be taken by staff at the time of application; and

Pay the related fees.

2. Conditions for issuance of licences

a) Premises to comply with Standards

It is recommended that no original licence or licence renewal be issued unless the establishment meets zoning, building, property standards, fire and health regulations. Previously, those requirements were only verified when an original licence application was processed. Due to the nature of the business the Department believes that a yearly review of the information is required to ensure the safety of employees and patrons.

b) Designated Entertainment Areas – Approval Required

It is also recommended that the applicant be required to provide a detailed floor plan depicting the layout of the Adult Entertainment Parlour. If approved, this recommendation will enable Police and By-law Services to recommend that modifications be made to eliminate obstructed areas that might encourage illicit activities. The floor plan would have to be approved by both the Ottawa Police Service and By-law Services before the licence could be issued.

The approval of the “Designated Entertainment Areas” along with the prohibition related to permitting entertainment outside of the “Designated Entertainment Areas” and increased enforcement will help reduce illicit activities, eliminate most “champagne rooms” and alleviate some of the concerns related to sexual assaults and harassment. The “Designated Entertainment Areas” is expected to facilitate enforcement of the regulations related to prohibited activities.

c) Investigations – Compatibility with Public Interest

The Department may refuse to issue or renew a licence where the results of a recent Police Records Check, or other investigation reveals reasonable grounds to suspect that the adult entertainment parlour or related activities would not be conducted or operated in the interest of the public.

B - Community Standards and Nuisance Control

1. Signs and Advertising

The proposed by-law will continue to regulate Adult Entertainment Parlour signage by requiring that signs may only be affixed to the premises at which the Adult Entertainment Parlour is located. No signs or advertisement is to contain words or slang referring to any part of the body such as “nude”, “naked”, “topless”, “bottomless”, “sexy” or any other word or any picture, symbol or representation having like meaning or implication.

2. Hours of Operation

The proposed regulation requires that Adult Entertainment Parlours be closed to patrons between the hours of 2:00 a.m. and 11:00 a.m.

3. Screening Activities from Outside View

The owner of the Adult Entertainment Parlour will be required to take necessary measures to ensure that none of the adult entertainment activities are visible from the outside of the parlour.

4. Restrictions on the Number and Location of Adult Entertainment Parlours

a) Maximum of Nine (9) Adult Entertainment Parlours Permitted

The proposed by-law establishes that only nine (9) adult entertainment parlours be permitted to operate in the City of Ottawa. The Department recommends that the existing (9) Adult Entertainment Parlours be permitted to operate at their existing location until their owners choose to close or that they otherwise lose their right to operate. The licensed owners would retain the right to sell their premises as an Adult Entertainment Parlour and have the licence transferred to a qualified applicant.

The following Adult Entertainment Parlours have valid City of Ottawa licences:

27 York Street Ottawa The Bare Fax

128 ½ York Street Ottawa Pure Pleasure (126 York Street)

340 Queen Street Ottawa Diamond’s Dance Bar Barberellas

1560 Triole Street Ottawa The Nuden

6501 Russell Road Cumberland Oasis Showbar (public school)

1989 Merivale Road Nepean Silver Dollar Dining Lounge

230 Herzberg Road Kanata Jason’s (name change coming)

175 Montreal Road Vanier PlayMate / Pepy’s Dining Lounge

5023 Bank Street Gloucester Cabaret Canada

b) Locational Restrictions

The proposed regulation recommends that any new adult entertainment parlour would have to establish in designated areas of the city. The designated areas are shown on Appendix A of the proposed attached Adult Entertainment Parlour Schedule. Although all of the proposed areas are already permitted under existing regulations and all existing Adult Entertainment Parlours are “grand-fathered”, the proposal does not retain all areas currently permitted by existing regulations.

Typically, the designated areas are primarily zoned for industrial use that permit Food Premises, Amusement Place and Entertainment type uses. Applicants for new Adult Entertainment Parlours licences or existing adult entertainment parlour licensees wishing to relocate their business will have to locate in designated areas that are situated away from residential areas, schools, churches or hospitals.

In the unlikely event a school, church or hospital is established near an existing Adult Entertainment Parlour after the parlour has been licensed by the City, the Adult Entertainment Parlour will retain its right to operate at the location until the owner closes or relocates the business or the licence is otherwise revoked.

Option

The number of permitted Adult Entertainment Parlours could be further restricted. However, staff would recommend that the existing nine (9) licensed Adult Entertainment Parlours be allowed to continue operating at their current location until they choose to close or otherwise lose the right to operate.

C - General Regulations

The proposed regulation is intended to put the onus on the licensed owners and operators to ensure that adult entertainment parlours are operated in a manner that is not contrary to public interest.

In order to ensure the health and safety of entertainers and patrons alike, the owners/operators will be required to ensure that measures are in place to: discourage illegal acts; reduce disturbances and undue noise; and to comply with applicable fire and health regulations.

1. Health and Safety Related Regulations

a) Principle entrance to be kept unlocked during hours of business;

b) No person under the age of 18, is allowed to enter or remain in the adult entertainment parlour;

c) No person who appears to be intoxicated by alcohol or a drug shall be permitted in the establishment;

d) No employee or entertainer shall be permitted to touch, or be touched by, or have any physical contact with, any other person in a manner whatsoever that may be construed as, or have the effect of, appealing to erotic or sexual appetites or inclinations;

e) All equipment used by entertainers shall be cleaned and disinfected with a non-allergenic product before being used by another entertainer; and

f) No entertainment is permitted outside of the approved “Designated Entertainment Areas”.

D. Significant Changes Being Proposed

1. Licensing - Attendants (Dancers)

In response to concerns raised by the Dancers’ Equal Rights Association (DERA) regarding under aged performers and dancers performing illegal acts, staff recommends that entertainers/dancers be required to obtain a City issued photo licence to operate as an Adult Entertainment dancer. The licence application process will require that the applicant produce specific documents that will be carefully verified in ideal conditions by By-law Services staff. This will reduce the chance that the identification is false or incorrect. The cities of Toronto, Hamilton and Windsor currently require attendants to obtain a licence.

Staff proposes that in addition to the paper licence, the Chief Licence Inspector would issue a photo licence. The card would display the photograph of the licensee, the full name of the licensee and a reference number. The photo licence would not contain any other personal information. The licence number would reference additional information on file with the Chief License.

The proposed $50 annual license fee (a $50 processing fee also applies) will cover the cost of processing the photo licence.

The photo licence will bring consistency in the industry as it relates to verification of dancers suitability and age of majority. The photo licence could replace other identification needs such as passports or driver’s licences or birth certificates, which the dancers may not have. The proposed licence requirement will give By-law Assistants sufficient time to carefully review the applicants’ documentation to ensure the validity of the documents.

The inconspicuous photo licence will also help to resolve a secondary concern raised by DERA, who suggested that dancers are not comfortable leaving any personal documents with Adult Entertainment Parlour employees.

The regulations will prohibit Adult Entertainment Parlour Owners/Operators from hiring unlicensed entertainers/dancers, and would require that the owners/operators inspect the City issued photo licence before allowing the entertainer/dance to perform.

In addition, the contact information collected at the time of application, and on file with the Chief Licence Inspector could assist the City Health Department contact the licensee in case a health risk matter arises that necessitates contacting the attendants directly.

It is expected that monitoring will be carried-out in co-operation with the AEP owner/operators at pre-arranged times so as to least impact the operation. Unscheduled inspections of attendant photo licences may be conducted whenever compliance is in question or a request for service is received.

2. Daily registry of all employees and entertainers

A new regulation being proposed requires that the owner/operator keep a daily record of employees and their responsibilities; and entertainers and times of performance. It is expected that such a registry combined with regular monitoring will help discourage underage attendants from seeking or obtaining employment in adult entertainment parlours. The owner/operator will be required to ask for and verify the authenticity of approved pieces of identification to ensure that no underage employees, entertainers and patrons are allowed entry into the establishment. The registry would have to be kept for a period of one year after the date of the last entry. The owner or operator will be required to produce the registry upon the request of a Police Officer or By-law Officer.

D – Licence Fees and Expiry Date

1. Proposed Licence Fees

License fees are established to wholly recover the administration, enforcement and prosecution costs related to the business being licensed. Many of the former municipalities had not adjusted their Adult Entertainment Parlour licence fees in 5 to 10 years. The proposed fees reflect the current cost of enforcement and prosecutions related to licenced Adult Entertainment Parlours; enforcement and prosecution of similar unlicensed activities; and other associated requests for service related to these establishments. In addition, investigations and enforcement procedures related to these establishments tend to be consuming of time and resources.

The license fees will also cover the cost of proposed “information packages” for all adult entertainment licensees advising the parties of their rights and responsibilities; the risks; and the services and assistance programmes available to them.

In addition to the $50 licensing fee for dancers, the Department proposes licence fees roughly equivalent to $4,000 per Adult Entertainment Parlour.

At the request of the industry the Department proposes an alternative licence fee structure than currently administered. In order to better reflect cost recovery and not over charge individual businesses the Department proposes to establish an annual $2,500 fee for the “Adult Entertainment Parlour - Owner” licence, and an annual fee of $500 for the “AEP – “Operator” licence. Typically, this will result in a $4,000 annual licensing cost (exclusive of processing fees).

This new licensing schedule better reflects the fact that AEP usually require several licensed “Operators” to ensure cover-off due to holidays, sickness or ordinary turn-over. The by-law requires that at least one licensed operator be present at the AEP. The industry was able to demonstrate the $2,000 fee as previously proposed for the “AEP – Operator” licences created an unfair burden that would likely exceed the cost of enforcement and administration of the regulation. The higher fee for the “AEP – Owner” licence reflects the level of responsibility attributed to the owner of the establishment.

As was the case in former Ottawa, it is prudent to require that both the owner and operator procure a separate licence and supply documentation as to their ability to operate the business in a manner not adverse to the public good.

Chart Outlining Licence Fees

Existing Licence Fees

Adult Owner Owner who Operator Attendant

Municipalities Entertainment who is is not

Parlour Operator Operator

Ottawa

Proposed Fees - $4,000 $2000 $2,000 $50

Former

amalgamated

Cities

Ottawa - $1,000 $500 $500 $120

Nepean $1,000 - - - -

Gloucester $ 600 - - - -

Kanata $5,000 - - - -

Vanier $1,000 - - - -

Cumberland $ 500 - - - -

Osgoode $1,000 - - - -

Goulbourn - $2,000 $1,000 $1,000 $50

Other Ontario Cities Surveyed

Toronto (original) - $6,630 $3,316 $3,316 $186

Toronto (renewals) - $6,434 $3,316 $3,316 $85

Hamilton (original) - $4,050 $1,390 $1,390 $250

Hamilton(renewals) - $4,000 $1,340 $1,340 $200

Mississauga - $3,500 - - Registered

London (original) - - $1,610 $1,610 -

London (renewals) - - $1,465 $1,465 -

Windsor - - $2,760 $2,760 $225

North Bay - - $1,000 $1,000 -

2. Proposed Expiry Date

It is proposed to change the expiry date of Adult Entertainment Parlour licences to January 31 to harmonize the expiry date and to help evenly distribute the volume of licensing renewals. In former Ottawa, the Adult Entertainment Parlour licence expired on November 30, while in other former cities the expiry date for similar licences was December 31.

Subject to the approval of the January 31 expiry date, a number of by-laws will have to be amended to formalize the transition from the current expiry date to the new expiry date. This represents extending the licence periods of current licences to the newly approved expiry date. In the case of adult entertainment licences issued under the former Ottawa by-law, a two-month extension is required on the current licence period, from November 30, 2004 to January 31, 2005. And in the case of the other Licences with a December 31 expiry date a one-month extension will be required on the current licence period, from December 31, 2004 to January 31, 2005.

CONSULTATION

On June 1, 2004, By-law Services staff met with Adult Entertainment Parlour Owners and Operators and their legal representatives to discuss their concerns. As a result of the consultation a number of changes were made to the report to address the concerns where those were deemed appropriate. There continues to be objections to the proposed regulation requiring that entertainers/dancers obtain a photo licence, and restrictions that could prohibit “champagne rooms”.

FINANCIAL IMPLICATIONS

Approval of the recommendation is expected to result in an increase in annual revenues to account 132710-407244 Business Licences in the estimated amount of $40,000.

SUPPORTING DOCUMENTATION

Document 1 – Drafting Instructions for Proposed Amending By-law and Adult Entertainment Parlour Schedule

Document - Summary of Public Consultation

DISPOSITION

Community and Protective Services to administer. Corporate Services, Legal Services Branch, in consultation with the Community and Protective Services Department to process the proposed by-law to Council for enactment.

SCHEDULE 11

Relating to Adult Entertainment Parlours

LICENSES REQUIRED

1. The following types of licenses may be issued:

(a) adult entertainment owner;

(b) adult entertainment operator;

2. A separate adult entertainment owner’s license shall be obtained in respect of each adult entertainment parlour.

3. A separate adult entertainment operator’s license shall be obtained in respect of each person operating an adult entertainment parlour.

CONDITIONS FOR ISSUANCE OR RENEWAL OF AN ADULT ENTERTAINMENT OWNER’S LICENSE

4. (1) No license or renewal of license shall be issued to an owner of an adult entertainment parlour unless:

(a) the applicant is eighteen (18) years of age or older;

(b) the applicant appears in person;

(d) the applicant has provided the original documents from the appropriate agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector, dated less than 30 days prior to the date of the application for a license;

(e) the applicant has submitted a detailed floor plan of the adult entertainment parlour for approval by the Chief License Inspector and the Chief of Police and such floor plan includes but is not limited to the following information:

(i) a clear delineation of the designated entertainment area and seating arrangements; and

(ii) location of offices, cloak rooms, kitchen facilities, bar area, dressing rooms, washrooms and exits;

(f) the premises complies with the zoning, building and property standards requirements of the City;

(g) the Fire Chief has reported in writing that the premises complies with fire regulations;

(h) the Medical Officer of Health has reported in writing that the premises in connection with which the license is sought is suitable for the purpose of the license application and is in a sanitary condition;

(i) the applicant has submitted proof of insurance in accordance with the requirements of Section 29 of this Schedule;

(j) the adult entertainment parlour is located in an area referred to in Section 9.

(2) Where the owner is a corporation, the applicant shall file:

(a) a copy of its letters of incorporation or other incorporating document duly certified by the proper government official or department;

(b) a list of all officers, directors and shareholders and the address of their ordinary residence;

(d) the name or names under which it carries on or intends to carry on business; and

(e) the mailing address for the corporation.

(3) Where the owner is a partnership, the applicant shall file a declaration in writing signed by all members of the partnership which states:

(i) the full name of each partner and the address of his ordinary residence;

(ii) the name or names under which they intend to carry on business;

(iii) that the persons named therein are the only member of the partnership; and

(iv) the mailing address of the partnership.

CONDITIONS FOR ISSUANCE OR RENEWAL OF AN ADULT ENTERTAINMENT OPERATOR’S LICENSE

5. No license or renewal of license shall be issued to the operator of an adult entertainment parlour unless:

(a) the applicant is eighteen (18) years of age or older;

(b) the applicant appears in person;

(c) the applicant has provided the original documents from the appropriate agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector, dated less than 30 days prior to the date of the application for a license;

(d) the applicant provides proof of age satisfactory to the Chief License Inspector;

(e) the applicant has provided the name of the owner of the adult entertainment parlour in which the applicant intends to operate; and

(f) the applicant has filed two (2) photographs of the applicant five centimetres (5cm) by five centimetres (5cm) in size.

CONDITIONS FOR ISSUANCE OR RENEWAL OF AN ADULT ENTERTAINMENT PERFORMER’S LICENSE

6. No license or renewal of license shall be issued to an adult entertainment performer unless:

(a) the applicant is eighteen (18) years of age or older;

(b) the applicant has provided proof of age satisfactory to the Chief License Inspector

(c) the applicant has provided the name of the owner of each adult entertainment parlour in which the applicant intends to provide services; and

(d) the applicant has filed two (2) passport-type photographs of the applicant’s face five centimetres (5cm) by five centimetres (5cm) in size.

ISSUANCE OF LICENSE

7. (1) Every adult entertainment owner licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

(2) The Chief License Inspector shall furnish to each licensed adult entertainment operator and adult entertainment performer a license containing a photograph of face of the adult entertainment operator or the adult entertainment performer and his or her photograph, name, license number and the expiry date of the license.

(3) Every licensed adult entertainment operator and adult entertainment performer shall produce his or her license for inspection when so requested by the Chief License Inspector or Chief of Police.

NUMBER OF LICENSES

8. The number of adult entertainment owner’s, adult entertainment operator’s and adult entertainment performer’s licenses shall be restricted in accordance with the locational requirements of this Schedule.

LOCATION RESTRICTIONS

9. Adult entertainment parlours may only be operated in the following locations:

(a) the premises known municipally as 27 York Street;

(b) the premises known municipally as 126 York Street;

(d) the premises known municipally as 1560 Triole Street;

(e) the premises known municipally as 6501 Russell Road;

(f) the premises known municipally as 1989 Merivale Road;

(g) the premises known municipally as 230 Herzberg Road;

(h) the premises known municipally as 175 Montreal Road;

(i) the premises known municipally as 5023 Bank Street;

(j) in the area shown on Appendix A to this Schedule, provided that the adult entertainment parlour is located a minimum of one thousand metres (1000m) from an existing adult entertainment parlour and a minimum of five hundred metres (500m) from any church, school, day care, public library, community centre or public park.

REGULATIONS

10. No adult entertainment owner shall permit any person other than a licensed adult entertainment operator to operate such adult entertainment parlour.

11. No adult entertainment operator not being the owner of an adult entertainment parlour shall operate the said adult entertainment parlour unless the owner of the said adult entertainment parlour is duly licensed as an adult entertainment owner.

12. No adult entertainment owner or adult entertainment operator shall permit any person other than a licensed adult entertainment performer to provide services at an adult entertainment parlour.

13. No performer at an adult entertainment parlour shall provide services unless the owner and operator of the said adult entertainment parlour are duly licensed as the adult entertainment owner and adult entertainment operator.

14. No adult entertainment owner or adult entertainment operator shall open the adult entertainment parlour for business or permit the same to be or remain open for business or permit any services to be provided in the said adult entertainment parlour at any times from the hours of 0200 hours and 1100 hours of the same day.

15. No adult entertainment owner or adult entertainment operator shall permit the door or doors or other principal means of access into the adult entertainment parlour to be kept locked during the hours of business of the adult entertainment parlour.

16. The adult entertainment owner or the adult entertainment operator shall be in attendance during all hours of business of the adult entertainment parlour.

17. No adult entertainment owner or adult entertainment operator shall permit any person under the age of eighteen (18) years to enter or remain in the adult entertainment parlour.

18. No adult entertainment owner or adult entertainment operator shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in the adult entertainment parlour.

19. No adult entertainment owner or adult entertainment operator shall place or permit to be placed any sign, or any other advertising device on any premises occupied by an adult entertainment parlour save and except a sign or other advertising device containing the words “Adult Entertainment Parlour” and the name under which the business is operated provided such name does not include any of the following words:

“nude”, “naked”, “topless”, “bottomless”, “sexy” or any other word or

any pictures, symbol or representation having like meaning or implication.

20. (1) No adult entertainment owner or adult entertainment operator shall permit services to be provided in any area of the premises other than the designated entertainment area shown on the approved floor plan.

(2) No adult entertainment owner shall change or cause a change to be made in the designated entertainment area on the floor plan without first obtaining the approval of the Chief License Inspector and the Chief of Police.

21. No adult entertainment performer shall provide services in any area of the premises other than the designated entertainment area shown on the approved floor plan.

22. No adult entertainment owner or adult entertainment operator shall permit any adult entertainment performer while providing services to touch or be touched by or have physical contact with any other person in any manner whatsoever involving any part of that person’s body.

23. No adult entertainment performer shall, while providing services, touch or have physical contact with any other person in any manner whatsoever involving any part of that person’s body.

24. (1) No adult entertainment owner, adult entertainment operator or adult entertainment performer shall use or permit to be used any camera or other photographic or recording device in, upon or at an adult entertainment parlour by any person other than a peace officer, Medical Officer of Health, a public health inspector acting under the direction of the Medical Officer of Health or a By-law Officer.

(2) Subsection (1) shall not apply to cameras used for security purposes.

25. No adult entertainment owner or adult entertainment operator shall permit services to be visible from outside the premises in which the adult entertainment parlour is located.

26. Every adult entertainment owner and every adult entertainment operator shall, in the operation of an adult entertainment parlour, comply with and ensure compliance with the following requirements:

(a) the premises shall be equipped with adequate light and ventilation;

(b) the premises and all equipment and fixtures therein shall be regularly washed and kept in a sanitary condition;

(d) adequate toilet and washroom accommodation shall be provided and there shall be separate washrooms for males and females;

(e) washrooms shall be equipped with:

(i) an adequate supply of hot and cold water;

(ii) an adequate supply of liquid soap in a suitable container or dispenser;

(iii) hot air dryers or individual towels in a suitable container or dispenser; and

(iv) a suitable receptacle for used towels and waste material; and

(f) no washroom, toilet, sink or basin used for domestic purposes shall be used in connection with an adult entertainment parlour.

27. An adult entertainment owner or an adult entertainment operator shall post the following notices in an area accessible to the patrons and employees, in the dressing rooms and in the washrooms

(a) a notice to advise that physical contact is prohibited which noticeshall include the telephone numbers of the Ottawa Police Service and By-law Services of the City of Ottawa; and

(b) a notice that sexually transmitted infections can be transmitted through unprotected physical contact.

28. (1) The adult entertainment owner shall maintain an annual registry for the period January 1 to December 31 of each year containing the names, addresses and phone numbers of every adult entertainment operator, adult entertainment performer and employee of the adult entertainment parlour.

(2) The adult entertainment owner shall produce the registry for inspection upon request of a By-law Officer or Chief of Police.

(3) The adult entertainment owner shall keep the registry current at all times and retain all information for a period of one year after the end of the calendar year for which it was maintained.

INSURANCE

29. (1) Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive for bodily injury, death and damage to property.

(2) If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liability insurance.

TRANSFERABILITY OF LICENSE

30. The license issued to an adult entertainment-owner, an adult entertainment-operator or an adult entertainment performer is not transferable.

DOCUMENT 2

SUMMARY OF INDUSTRY COMMENTS

1. Number and Locational Restrictions

Issue Permits for only 9 AEPs

Grand father existing 9 AEPs

(will allow the owner to sell the property/business but the new owner/operator must apply for a new licence to operate, relocations are allowed in approved areas as stipulated in by-law appendix (same area as old Ottawa By-law)).

If an existing AEP closes or licence is revoked - a new AEP may only get approval to open in the designated areas. The closed AEP will not be allowed to re-open as an AEP at the same location.

No AEP will be allowed to establish within 1,000 m of another AEP.

No new AEP will be allowed to establish within 500 m of existing school, church, daycare, library, community centre or park.

Industry Comments

Designated areas too limited.

Only three (3) spaces created because of the 1,000m distance requirement.

No reason to prevent an existing AEP from rural or outlying area from establishing in similarly zoned area in the same outlying area. The previous 1 per area limit would still be maintained as well as zoning concerns (proximity to residential, schools, churches etc.).

Dancers’ Equal Rights Association supports the distance requirements but opposes any limits on the number of AEP as such a limit will create a monopoly for the current owners and increased control over the dancers. Preventing bars from rural areas may increase incidents of drinking and driving.

Departmental Response

The purpose of the proposal is to eventually see most of the AEPs within a relatively centralized area of the City. The objective is to relieve the pressure on enforcement deployment requirements. It is unlikely that those objectives would be met in the short or medium term as AEP will likely continue to operate at their existing locations for a long time. The Department would not oppose a review of this recommendation on a case-by-case basis, as it relates the relocation of an existing AEP in a properly zoned nearby area where it was previously located.

2. LICENCES REQUIRED AND FEES

Proposed Revised in response to consultation

Owner who is the operator $4,000 $2,500 Owner (to be considered operator)

Owner who is not the operator $2,000 N/A

Operator $2,000 $500 May be issued to “managers”

Attendants/Entertainers/Dancers $50 $50

Industry Comments

The industry feels that the increase is steep and does not allow time to adjust. It does not oppose the $4,000 fee per AEP but because AEPs may require more than two or three “Operators” the overall fee appears to become a “cash grab”. The owners suggest that a much lower fee be required for the “operator” licence. They note the need for “spare” operators and the fact that there is a high turn around for “operators”.

Departmental Response

The Department has revised the fee schedule to address the industry’s concern.

3. APPLICATION REQUIREMENTS

Owners

Licensee or applicant to apply in person

Must be 18 years of age or older

Produce appropriate identification documents (to be defined in by-law)

Photographs to be provided (or will be taken and provided at time of application by CLI)

Recent Police Record Check (less than ? months old)

Pay required licence fee and processing fee

Proof of insurance in $2,000,000

List of business partners their contact information and the extent of the partners’ involvement in the business

The name(s) of the Licensed Operator(s) and their contact information

A detailed scaled floor plan showing actual conditions (structures, rooms, entrances/exits), and Designated Entertainment Areas for approval.

Operators

Licensee or applicant to apply in person

Must be 18 years of age or older

Produce appropriate identification documents (ex. Passport, Drivers License to be defined in by-law)

Photographs to be provided (or will be taken and provided at time of application by CLI)

Produce a recent Police Record Check

Pay required licence fee and processing fee

The name and contact information of the AEP Owner where the applicant will be employed.

Entertainers/Dancers (see Industry Comments below)

Licensee or applicant to apply in person

Must be 18 years of age or older

Produce appropriate identification documents (ex. Passport, Drivers License to be defined in by-law)

Photographs to be provided (or will be taken and provided at time of application by CLI)

Produce a recent Police Record Check (As a result of consultation the police check is no longer part of the proposed regulation)

4. CONDITIONS FOR ISSUANCE

Premises must comply with Zoning, Building, Property Standards, Fire and Health Codes

Floor Plan and Designated Entertainment Areas must be approved by Police Chief and CLI

All other investigations undertaken by City supports that the applicant will operate the establishment in a manner that is not adverse to the public interest.

Industry Comments

AEPs already have to comply with all of the stated requirements there is no need have to include this in the business licensing regulations. The Alcohol and Gaming Commission of Ontario also has strict requirements that the AEP must comply with or risk losing their liquor licences.

The new “Designated Entertainment Areas” requirement is just a way to eliminate the “champagne rooms” which have become an industry standard over the years. Clients who come from all walks of life and the dancers sometime want some sense of privacy. Clients want to feel like they are getting something special out of their money and that this will be lost if a “private dance” is seen by all the other patrons. If AEPs in Ottawa lose the ability to provide this “sense of privacy” clients and dancers (who won’t be able to make a living or feed their kids will only work in Gatineau.

DERA states that open concept areas for entertainment have already been implemented in Toronto under the bylaw with no effect on the industry. Dancers need a safe work environment, being alone naked with a stranger is a high-risk working environment, and there needs to be a deterrent to prevent him from assaulting her. Dancers need to have a clear view of the operator or doorman (security) at all times while performing whether on or off stage.

Departmental Response

The objective of requiring that the AEP receive approval of the “Designated Entertainment Areas” is to ensure the security of patrons and dancers. “Champagne rooms” create high-risk areas for the dancers and the clients. Because of the nature of the service provided and the absence of eye-witnesses the rooms provide opportunity for assaults or other illegal activity. The intent is not to completely remove all “sense of privacy” but to ensure that any illegal activity or inappropriate conduct is discouraged and that prompt action can be taken to immediately stop such action or activity. The “Designated Entertainment Areas” would clearly define the areas where “entertainment” can take place, and provide a means to prohibit any “activities designed to appeal to erotic or sexual appetites or inclinations” from taking place elsewhere in the AEP.

5. LICENCE EXPIRY DATE - January 31

This will require that we extend the license period of the exist licences.

Industry Comments

No objections

6. SIGNAGE and ADVERTISING

No owner or operator of an adult entertainment parlour shall place or permit to be placed any sign, or other advertising device on any premises occupied by an adult entertainment parlour, save and except a sign or any other advertising device containing the words “Adult Entertainment Parlour”, and the name under which the business is operated provided such name does not include any of the following words:

“Nude”, “naked”, “topless”, “bottomless”, “sexy” or any other word or any picture, symbol or representation having like meaning or implication.

Industry Comments

No Objections

7. HOURS OF OPERATION - 11:00 a.m. to 2:00 a.m. of the next day

Industry Comments

No Objections

8. LICENCE REQUIREMENT – ENTERTAINERS/DANCERS

Original Departmental Proposal

That Entertainers/Dancers be required to apply for and obtain a city issued licence. The application requirements included:

Licensee or applicant to apply in person and must be 18 years of age or older;

Produce appropriate identification documents (ex. Passport, Drivers License to be defined in by-law);

Photographs to be provided (or will be taken and provided at time of application by CLI); and

Produce a recent Police Record Check.

If the application was approved the applicant would receive a laminated licence that would bear the picture, the real name and a reference number. The licence would also have the By-law Services phone number. The licence reference number would be linked to information of file with the Chief License Inspector.

Industry Comments

This recommendation received the strongest objections. Owner/operators stated that such a requirement would drive the majority of dancers to Gatineau AEPs and in turn would force the Ottawa AEPs to close. The reasons cited for the dancer exodus include:

- if dancers have to pay for a licence they will simply stop dancing in Ottawa;

- many of the dancers work infrequently so getting a licence is a significant disincentive;

- if they have to apply for a licence more people will find out they are dancers;

- most dancers do not want to be recognized or don’t want to be known as dancers because they: want to protect their children; fear losing their other jobs; fear for their own safety; fear being refused mainstream jobs in the future;

- Personal information on file with the City could be made available to the public and potential employers;

There was significant opposition to a Police Check requirement for dancers as this would eliminate many dancers from even applying for a licence for fear of being stigmatized by their past or simply believing that they would not be issued a licence because of their past. The industry suggested that the police check was a significant additional cost ($120) to the dancers and that the delays associated with the processing would be unworkable.

The Owners/Operators stated that because of their own business interests (insurance coverage conditions, liquor licences) they already must ensure that the dancers are 18 years of age and older. They stated that they require the dancers to provide two pieces of identification, that are photocopied and kept on file. The information is produced when so requested by the Ottawa Police or By-law Services when so requested.

The owner/operators feel that the requirement is more a morality judgement on the dancers and the industry than an honest attempt at improving the safety of the dancer.

The owner/operators also stated the fact that many dancers are transients making the information collected ineffective for tracing the person.

Dancers’ Equal Rights Association (DERA) does not support the licensing of dancers and feel that it is discrimination. DERA oppose the $120 licence fee and the requirement for a Police Check which stigmatizes the dancers. If the dancers are licensed, DERA would rather that the photo licence not include the name of the person and believe that the reference number should be enough for enforcement purposes.

The by-law could require that the dancers produce another type of photo identification such as Passport, Driver’s Licence or age of majority card. If the objective is to prevent under aged dancers By-law Officers can contact the Alcohol and Gaming Commission of Ontario to revoke the liquor licence or the Police. Most owners comply with the age of majority regulation because of fear of losing the liquor licence.

Departmental Response

The main purpose of requiring dancers to obtain a licence is to eliminate underage dancers and to create real consequences for failure to comply with some elements of the by-law. The Department believes that a photo licence is will significantly improve the ability for both club owners and enforcement services to ensure that the dancers are over 18 years of age. By requiring a licence the applicant will be required to present specified documents that will be verified carefully and in ideal conditions by By-law Services staff. This should reduce the instances of false identification being presented or accepted. Issuing licences provides the City with the ability to impose conditions on the licensee and the power to revoke licences when the conduct of the licensee proves to be unacceptable. Equally important is that the photo licence will enable enforcement staff to lay charges based on the information on the photo licence and other information on file with the Chief License Inspector. The requirement for a licence makes the industry more accountable.

In response to the concern of the industry the Department has removed the Police Check from the application requirements. The Department expects that removing the requirement for a police check and reducing the fee, there will be less opposition to the photo licence. The By-law provides for the Chief License Inspector to conduct investigations if there is reasonable cause. The Department will only request a Police Check in rare cases where there is reasonable cause to believe the police check is necessary.

9. GENERAL REGULATIONS and RESPONSIBILTIES

An Owner or an Operator to be in the AEP at all times the AEP is open for business.

Industry Comments

No objections provided the operator’s licence fee is reduced. DERA supports an owner or operator in the AEP at all times. This is important to ensure the safety of the dancers, and the provision should be enforced.

Departmental Response

The “Operator” licence fee has been reduced.

Doors to the AEP to be kept unlocked at all times the AEP is open for business.

Industry Comments

One objection stating that sometimes especially during the day the designated doorman may need to step away from the door, at which time a buzzer is used to let people in. All doors can be opened from the inside the AEP in case of emergencies. Most owners/operators had no objections.

DERA supports this recommendation as will ensure that the dancers can quickly re-enter the establishment if they have reason to fear for their safety while on break.

Departmental Response

Staff believes this requirement is required to ensure the effectiveness of enforcement and investigations.

Owner and operator to maintain an “activity log and employee listing” that includes related contact information, and the owner or operator is required to produce the information upon request.

Industry Comments

No comments

Owner or Operator to post at every entrance:

A copy of the original or the original valid licence issued by the City

A sign stating: No Touching/No Lap Dancing with Police & By-law Services Phone Numbers

A sign indicating the health risks associated with unprotected contact.

Industry Comments

No comments from Owner/Operators. DERA would like the requirement extended to include signs in the change rooms and washrooms.

No person under 18 years of age permitted in the AEP premises.

Industry Comments

No comments

No person appearing intoxicated by alcohol or drugs permitted in the AEP premises.

Industry Comments

By-law Officers should be trained to be able to identify “intoxication” if this provision is retained.

Departmental Comments

The provision puts the onus on the Owner and Operator to identify the signs of intoxication. By-law Officers would call the Police, who are trained to identify the signs of intoxication, to remove the alleged person. A charge would then be laid against the owner or operator.

No Owner or Operator shall allow or permit “touching”.

Industry Comments

The word “touching” has to be defined. “Touching” prohibition should not prevent employees, entertainers or dancers from all physical contact. Accidental touching or non-sexual touching should be permitted. DERA feel dancers should not be charged for “normal social interactions and greetings” such as kisses on the cheek or hand, hugs (well dressed), holding hands, etc.

Departmental Response

Staff asked the owners to provide samples of definitions that would meet their concerns.

A definition of “touching” that relates to “designed to appeal to erotic or sexual appetites or inclinations” has been added in the draft by-law.

No Owner or Operator shall allow or permit “Lap Dances” or other prohibited acts or performances.

Industry Comments

No comments from the Owners/Operators. The definition of “Lap Dances” should be provided. Compliance with this provision could cause financial burden for the dancers.

No Owner or Operator shall allow or permit any dancer to perform without first having inspected the dancer’s city issued Photo ID Card.

Industry Comments

DERA suggests replacing the “City issued photo licence” with a valid driver’s license, age of majority card or passport.

No performances permitted outside of the “Designated Entertainment Areas”.

Industry Comments

No comment other than objections to resulting prohibition of “champagne rooms”.

Owner or operator to ensure that equipment is cleaned and disinfected between acts.

Industry Comments

No objection to the intent of the provision, but the practicality of cleaning the equipment after every act may prove unworkable. DERA supports the need to clean the equipment regularly. Oils and lotions should be prohibited from the stage surface. Cleaning equipment should also be disinfected.

All licensees responsible to ensure that information on file with the CLI is up-dated within 5 business days of any changes.

Industry Comments

No comments

Owner or Operator shall have revisions or changes to Floor Plans showing the approved “Designated Entertainment Areas” approved prior to any changes being undertaken.

Industry Comments

No comments

BY-LAW HARMONIZATION – LICENSING – ADULT ENTERTAINMENT PARLOURS

HARMONISATION DES RÈGLEMENTS – PERMIS – SALLES DE DIVERTISSEMENT POUR ADULTES

ACS2004-EPS-BYL-0018

Ms. S. Jones, Director of By-law Services, provided a detailed presentation on the report and recommended motions to amend the draft by-law pursuant to comments and concerns expressed during public consultation. A copy of her presentation is held on file.

Vice Chair Harder took the Chair so that Chair Deans could introduce motions. She noted the number of delegations registered to speak on this item and indicated she would first allow Chair Deans to introduce her motions as she believed this would result in a number of the registered delegations opting to withdraw their request to speak.

Councillor Legendre objected to this change in procedure. He maintained there were reasons for the established procedures and indicated he would challenge the Chair.

Councillors Chiarelli and McRae noted that a challenge to the Chair was not debatable and suggested the Committee proceed to a vote on whether or not to sustain the Chair.

Shall the Chair be sustained.

CARRIED

YEAS (6): R. Chiarelli, D. Deans, J. Harder, R. Jellett, S. Little, M. McRae

NAYS (1): J. Legendre

Chair Deans began by clarifying that her intention, in introducing her motions prior to hearing delegations, was not to limit anyone’s opportunity to speak to Committee but rather to address some of the concerns expressed to her earlier in the week during a meeting with representatives from the Dancers’ Equal Rights Association (DERA). She believed many of the delegations were present because of one issue; licensing performers. Having met with DERA and heard their issues and concerns with respect to this, she indicated that she accepted their arguments; that licensing performers was probably beyond the City’s scope, that many of the performers were concerned about privacy, and that other regulations were in place to address issues with respect to underage dancers. Therefore, she believed there were too many negatives involved in licensing performers and she introduced a motion to delete the licensing requirement for adult entertainment performers.

Responding to a series of questions from Councillor Legendre, Ms. Jones provided the following information:

Ÿ Staff had initially recommended licensing dancers, however in consultation with representatives of DERA, it was suggested that licensing would cause logistical problems. Moreover, it was noted that other legislation was in place to address concerns such as age of majority and certain activities.

Ÿ Though licensing would have facilitated enforcement, the police have the authority to ask for and verify identification in the event of Criminal Code violations. Furthermore, having a criminal record would not automatically result in denial of a license application.

Ÿ What is being proposed is in line with what is currently in place and it puts more onus on the owner and/or operator to ensure compliance with all applicable legislation.

Ÿ Unlike some of the other Ontario municipalities that license adult entertainment performers, Ottawa’s dancers tend to be somewhat transient. Furthermore, the other jurisdictions referenced in the report had different reasons for initiating licensing.

Ÿ With respect to public consultation on this issue, pursuant to the Public Notification By-law, the matter was advertised in local paper and staff solicited feedback from stakeholders. There was no feedback from the general public.

Vice Chair Harder referenced the motion before Committee and asked whether any of the public delegations wished to speak to Committee on it. After receiving a negative response from the gallery, the Committee proceeded to vote on the motion.

Moved by D. Deans

WHEREAS, on Monday June 7^th , 2004, staff and the Emergency and Protective Services Committee Chair met with representatives of the Dancers’ Equal Rights Association (DERA), to review the final recommendation and proposed Adult Entertainment Parlour regulations;

AND WHEREAS, staff and the Committee Chair concurs that other regulation is available that can address the issue of under age dancers and other illegal activities;

CARRIED

YEAS (6): R. Chiarelli, D. Deans, J. Harder, R. Jellett, S. Little, M. McRae, D. Thompson

NAYS (1): J. Legendre

Chair Deans introduced a subsequent motion to require that, in addition to being posted at all public entrances to adult entertainment parlours (as already required in Section 4(e) of the draft by-law), that floor plans showing designated entertainment areas be posted in the performers’ change rooms.

Vice Chair Harder referenced the motion before Committee and asked whether any of the public delegations wished to speak to Committee on it.

Mr. K. Mole, Manager, Silver Dollar, was concerned that owners and managers of adult entertainment parlours had not been given any guidelines as to what they could expect with respect to the requirement for “staff-approved” floor plans.

Ms. Jones advised that staff could not prescribe guidelines because every establishment would be different. She explained the purpose of the requirement was to ensure that entertainment was provided in a designated area in plain and unobstructed view so as not to hinder or prevent the enforcement of the by-law.

In response to a comment from Councillor Chiarelli, Ms. Jones confirmed that staff would meet with the industry to resolve the floor plan requirement on a case by case basis and, should any difficulties arise, they would report to Committee.

Responding to a question from Councillor Little, Mr. Mole confirmed that he was not opposed to posting such information at the entrances or in change rooms but that he was seeking clarification on what owners and operators could expect with respect to “staff-approved” floor plans and what that would entail.

The Committee proceeded to vote on the motion.

Moved by D. Deans

WHEREAS, on Monday June 7^th, 2004, staff met with representatives of the Dancers’ Equal Rights Association (DERA), to review the final recommendation and proposed Adult Entertainment Parlour regulations;

AND WHEREAS, DERA suggested that the floor plan(s) showing the “Designated Entertainment Area(s)” as required in Section 4(e) of the proposed by-law, be posted in the change rooms;

CARRIED

YEAS (7): R. Chiarelli, D. Deans, J. Harder, J. Legendre, S. Little, M. McRae, D. Thompson

NAYS (0):

Chair Deans introduced a final motion to direct staff to revise the draft by-law as per the changes recommended by Committee, to circulate the revised draft by-law to members of Council by June 16^th requesting that comments be received by June 22^nd, and that a summary of any comments received be forwarded to members of Council prior to consideration of this item on June 3^rd.

Since no one wished to ask questions or to speak on this last motion, the Committee proceeded to vote on it.

Moved by D. Deans

WHEREAS, a number of motions have been approved by the Emergency and Protective Services Committee that will require significant changes to the staff recommendation and the proposed Adult Entertainment Parlour regulation;

AND WHEREAS, the impact of the changes may require a number of other provisions of the regulation to be amended, or new provisions added to render the regulation effective;

AND WHEREAS, staff may need time to review the impact of the motions on the regulation;

THEREFORE BE IT RESOLVED that EPS Committee direct staff to:

a) Create for information purposes a revised draft by-law reflecting the motions approved at Committee;

b) Circulate the revised draft by-law created for information purposes to Members of Council by June 16, 2004, and request that any comments be received by noon June 22, 2004; and

c) Forward a summary of any comments to Members of Council for information prior to formal approval by Council at its meeting of June 23^rd, 2004.

CARRIED

Chair Deans resumed the Chair and asked whether anyone in the gallery still wished to address Committee. Three delegations came forward and were heard.

Mr. Bentivoglio, Owner, The Bare Fax, suggested it was not acceptable for the City to impose regulations that would impede owners’ and/or operators’ ability to run their business. He talked about the taxes he paid on his facility and suggested that he got nothing in return from the City. He expressed his willingness to provide any information the City required with respect to his staff (photo identification, social insurance numbers, etc) and to have inspectors visit his premises. However, he believed the industry had enough laws and by-laws governing it and that it did not need any more. He referenced Gatineau’s proximity and suggested that enacting overly onerous regulations would simply force the industry to move across the river. He supported requirements such as providing clean washrooms and a clean stage but maintained that was regulated by the Health Board. Similarly, he noted that the Liquor Control Board govern issues relative to age of majority. He suggested that instead of imposing onerous regulations on the entire industry, the City should focus on those specific facilities that create problems.

Chair Deans advised that by enacting the proposed By-law, the City was harmonizing a number of by-laws from the former municipalities. She noted the delegation’s concerns with respect to licensing dancers and remarked that Committee had adopted motions to delete this requirement from the draft by-law. With respect to Mr. Bentivoglio’s comments that he got nothing in return from the City for his tax dollars, she listed a few of the many services provided by the City on a daily basis and suggested that, compared to other levels of government, the City does a good job for the tax dollars it collects.

Mr. K. Mole, Manager, Silver Dollar, maintained that without dancers, adult entertainment parlours would not exist. He addressed a few aspects of the proposed by-law; the map contained at Appendix A, the fee for licensing every owner and operator of an adult entertainment parlour, and the requirements with respect to cleaning. With respect to the map, he suggested that many locations could be found, outside of the designated area, which could potentially meet requirements with respect to proximity to churches and schools. With respect to the fee for licensing every owner and operator, he noted that in order to cover all shifts at the Silver Dollar, licensing fees could amount to as much as $7,500. Therefore, he suggested that a cap of $3,000 or $4,000 per establishment could suffice. With respect to cleaning, he advised that he and his staff did their best to keep their facility clean.

Ms. S. Smyth, Director, Dancers’ Equal Rights Association, thanked By-law Services staff as well as Chair Deans for their time and efforts in educating themselves about the industry, answering dancers’ questions and listening to their concerns. She remarked that the purpose of the regulation was to protect the health and safety of the dancers and to minimize nuisances. She noted that in attempting to protect the health and safety of patrons and employees and to minimize nuisances, the City would be providing information packages to licensees outlining the responsibilities, health risks, support and enforcement services available to them. However, since the City was removing the requirement to license dancers, she wondered how this information would be provided to them. She expressed some dancers’ concerns that eliminating champagne rooms would have a negative impact on their income and she wondered what measures the City proposed to address this. In closing, Ms. Smyth read some comments submitted by dancers with respect to their industry, the way it was changed over the years, and the risks associated with it. She thanked Committee for listening to dancers’ concerns and urged them to support the changes recommended to the By-law.

Responding to a request from Chair Deans for a staff comment on some of the issues raised, Ms. Jones advised that the City did not have the authority to address the issue of impact to dancers’ income. She referenced the reasons for licensing (health and safety, consumer protection, and nuisance control) and noted that the proposed By-law would effectively eliminate champagne rooms and VIP rooms.

The Committee then voted on the item as amended.