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3.
BY-LAW
HARMONIZATION – LICENSING – BODY RUB PARLOURS HARMONISATION
DES RÈGLEMENTS MUNICIPAUX – PERMIS – SALLE DE MASSAGE |
Recommandations modifiÉes
du comité
The following direction to staff was
approved:
WHEREAS only
former municipalities of Ottawa and Vanier regulated body rub establishments;
AND WHEREAS as a
result of the harmonization process, the amalgamated City of Ottawa must now
determine the status of current body-rub establishments;
AND WHEREAS the
Ontario Municipal Act permits cities to limit the number of body rub
establishments;
THEREFORE BE IT
RESOLVED that the Director of By-law Services report back to the Emergency and
Protective Services Committee in 18 months on the status of licensed body-rub
establishments in the new City of Ottawa.
La directive qui suit a
été approuvée par le Comité :
ATTENDU QUE les anciennes
municipalités d’Ottawa et de Vanier réglementaient les salons de massage;
ATTENDU QUE, à la suite du processus d’harmonisation, la Ville d’Ottawa
fusionnée doit maintenant déterminer la situation des salons de massage
actuels;
ATTENDU QUE la Loi sur les municipalités de l’Ontario autorise les villes à limiter le nombre de salons de
massage;
IL EST DONC RÉSOLU QUE le directeur des Services des règlements
municipaux fasse rapport au Comité des services de protection et d’urgence dans
18 mois sur la situation des salons de massage dans la nouvelle Ville
d’Ottawa.
Documentation
1.
Deputy City Manager, Community and Protective
Services report dated
25
August 2005 (ACS2005-CPS-BYL-0028).
2. Extract of
Minutes 16, Emergency and Protective Services Committee,
25 August 2005
Report to/Rapport
au :
Emergency
and Protective Services /
Comité des services de protection et d’urgence
and Council / et au Conseil
25 August 2005 / le 25 août 2005
Submitted
by/Soumis par : Steve Kanellakos, Deputy City Manager,
Community and Protective Services / Directeur général adjoint
Services communautaires et de protection
Contact Person /
personne-ressource :Susan Jones,
Director,,By-law Services / Directrice, Services des règlements
municipaux
580-2424, ext/poste 25536, susan.jones@ottawa.ca
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SUBJECT: |
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OBJET
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HARMONISATION des RÈGLEMENTS
MUNICIPAUX –– PERMIS – salon de
massage |
EXECUTIVE SUMMARY
RÉSUMÉ
L’objectif
du règlement touchant les salons de massage est de protéger la santé et la
sécurité du public, tout en veillant à ce que les lieux se conforment aux
normes de la propriété, de la santé et de la protection des incendies de la
Ville d’Ottawa. La réglementation de la délivrance de permis recommandée fait
suite à l’examen des règlements actuels des anciennes municipalités d’Ottawa et
de Vanier. Des droits de permis de 500 $ sont proposés pour l’obtention
d’un permis de salon de massage.
An
ad appeared in the Citizen, the Sun and Le Droit on August 8, 2005 and August
15, 2005 inviting comments and giving notice of the time, date and location of
the Emergency and Protective Services Committee where the proposed Body-rub
Parlour by-law would be discussed.
Stakeholders
were provided with a copy of the draft report, by-law and schedule for their
comments. They were also informed of
the date when Committee would consider this matter and invited to attend if
they wish to address the Committee.
A
by-law of the City of Ottawa amending By-law No. 2002-189 respecting
regulating, licensing and governing body-rub parlours.
WHEREAS subsection
150(1) of the Municipal Act, 2001 authorizes a municipality to license,
regulate and govern any business carried on wholly or partly within the
municipality;
AND WHEREAS section 151
of the Municipal Act, 2001 authorizes additional regulations for adult
entertainment establishments;
AND WHEREAS subsection 150(2) of the Municipal Act, 2001 provides
that a municipality may only exercise its licensing powers for the purposes of
health and safety, nuisance control or consumer protection;
AND WHEREAS City Council at its meeting of determined that it is appropriate to license body rub
parlours for the purposes of health and safety and consumer protection in order
to provide a safe environment for patrons and employees;
THEREFORE the Council of the City of Ottawa enacts as follows:
1. Section 1 of By-law No.
2002-189 entitled “A by-law of the City of Ottawa respecting the licensing,
regulating and governing of certain businesses”, as amended, is amended by
adding the following definitions thereto:
“body-rub” includes the kneading,
manipulating, rubbing, massaging, touching, o stimulating, by any means, of a
person’s body or part thereof but does not include medical or therapeutic
treatment given by a person otherwise duly qualified, licensed or registered so
to do under the laws of the Province of Ontario;
“body-rub parlour” includes any premises or
part thereof where a body-rub is performed, offered or solicited in pursuance
of a trade, calling, business or occupation, but does not include any premises
or part thereof where the body-rubs performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the Province
of Ontario;
2. Section
1 of the said By-law No. 2002-189 is amended by adding the expression “and
body-rub parlours” after the word “stores” where it occurs in the definition of
“adult entertainment establishment”.
3. Section
9 of the said By-law No. 2002-189 is amended by adding the following clause
thereto immediately after clause ( ):
(
) every person who owns or
operates a body-rub parlour;
4. Schedule “A” of the said
By-law 2002-189 is amended by adding the following item thereto:
5. The said By-law No.
2002-189 is amended by adding thereto Schedule No. attached hereto entitled
“Relating to Body-rub Parlours”.
REPEAL
– PARTS OF OLD OTTAWA BY-LAW NUMBER L6-2000
6. Section 51 of the said
By-law No. 2002-189 is amended by adding the following clauses immediately
after clause ( ):
( ) by repealing paragraphs (14) and (15);
( ) by repealing paragraph (9);
( ) by striking out the item “Body-rub
Parlour” where it occurs in Schedule No. 1 entitled “Fee Structure”;
( ) by
repealing Schedule No. 5 entitled “Relating to Body-rub Parlours”;
REPEAL
– PARTS OF OLD VANIER BY-LAW NO. 29-00
7. Section
52 of the said By-law No. 2002-189 is amended by adding the following clauses
immediately after clause ( ):
( ) by
repealing Item 4 “Body-Rub Parlour” where it occurs in the INDEX TO LICENCES;
( ) by
repealing the item “Body-Rub Parlour” where it occurs in Schedule 1 entitled
“ANNUAL FEES FOR LICENCES”;
( ) by
repealing Schedule 4 entitled “BODY RUB PARLOUR”;
8 Subsection
1 of Section 54 of the said By-law No. 2002-189 is amended by adding the
following clause immediately after clause ( ):
( ) the license period for body-rub parlours issued
pursuant to By-law No. 29-00 of the old Corporation of the City of Vanier is
extended and the licenses remain in full force and effect until March 31, 2006.
9. This by-law includes the
Schedule annexed hereto and the Schedule is hereby declared to form part of
this by-law.
10. This
by-law shall come into effect on November 30, 2005.
CITY CLERK MAYOR
SCHEDULE NO.
Relating to Body-rub Parlours
LICENSES REQUIRED
1. A
separate license shall be obtained in respect of each premises operating as a
body-rub parlour.
2. No
person shall own or operate a body-rub parlour premises without first obtaining
a body-rub parlour license.
CONDITIONS FOR ISSUANCE OR RENEWAL OF A
BODY-RUB PARLOUR LICENSE
3. No
applicant for a body-rub parlour license shall be issued a license unless:
(a)
the applicant
is eighteen (18) years of age or older;
(b)
the applicant
appears in person;
(c)
the applicant
provides proof of age and identification satisfactory to the Chief License
Inspector;
(d)
the applicant
has provided the original documents from the issuing 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 premises
complies with the zoning, building and property standards requirements of the
City;
(f)
the Fire Chief
has reported in writing that the premises complies with fire regulations;
(g)
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;
(h)
the applicant
has submitted proof of insurance in accordance with the requirements of Section
13 of this Schedule;
(i)
the applicant
has paid the fees described in Schedule “A” to this by-law.
GENERAL REGULATIONS
4. No
licensee shall fail to ensure that the following provisions are complied with:
(a)
the body-rub
parlour shall be,
(ii)
adequately
lighted,
(ii) adequately ventilated,
(iii) adequately heated,
(iv) clean , and
(v)
supplied with
hot and cold running water;
(b) all bathing devices, including steam
baths, shall be properly cleaned before they are offered for use to a patron;
(c) all robes, towels, blankets and linens
furnished for the use of patrons shall be freshly laundered before being
offered for use to a patron;
(d) clean uniforms or garments shall be worn
by employees while working on a patron;
(e) the sleeves of uniforms or garments as
referred to in subsection (d) shall not reach below the elbow;
(f) the skin of the hands of an employee
shall be clean and in a healthy condition and the nails shall be kept short and
clean;
(g) the hands of an employee shall be washed
thoroughly before performing a body-rub on a patron;
(h) the furniture and equipment shall be
maintained in a safe and sanitary condition;
(i) the body-rub parlour is supervised at all
times when open for business; and
(j) no cubicle, room, booth or area used for
a body-rub shall be fitted with a door capable of being locked.
5. No
licensee shall fail to post the license in a prominent location on the licensed
premises so as to be clearly visible to the public.
6. No
licensee shall refuse to produce his or her license for inspection when so
requested by the Chief License Inspector or Chief of Police.
7. No
licensee or body-rub parlour operator shall permit any person under the age of
eighteen (18) years to enter or remain in the body-rub parlour.
8. No
licensee shall permit any person under the age of eighteen (18) years to be
employed in a body-rub parlour.
9. No
licensee shall permit any person who appears to be intoxicated by alcohol or a
drug to enter or remain in the body-rub parlour.
10. No
licensee shall:
(a) publish or distribute or cause to be
distributed, any advertising matter or business identification card that
describes or depicts any portion of the human body that would reasonably
suggest to prospective patrons that any service is available other than a
body-rub;
(b) erect or post or cause to be erected or
posted a sign, advertising or advertising device that describes or depicts any
portion of the human body that would reasonably suggest to prospective patrons
that any service is available other than a body-rub.
11. No
person shall operate a body-rub parlour in any area of the City zoned for
residential or institutional purposes in the applicable zoning by-law.
INSURANCE
12. 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 per
occurrence for bodily injury, death and damage to property.
TRANSFERABILITY OF LICENSE
13. The
body-rub parlour license is not transferable.
BY-LAW HARMONIZATION – LICENSING - Body Rub Parlours
HARMONISATION DES RÈGLEMENTS
MUNICIPAUX –
PERMIS – salle de massage
ACS2005-CPS-BYL-0028
Ms. S. Jones,
Director of By-law Services, provided a brief presentation in which she
reviewed the purposes for licensing, she talked about the definitions contained
in the proposed by-law, she discussed exemptions to this by-law, and she
outlined the proposed regulations. In
closing, Ms. Jones asked Committee to consider a housekeeping amendment to this
item, circulated to members at the start of the meeting. A copy of her presentation is held on
file.
Responding to questions from Councillor McRae, Ms.
Jones confirmed that By-law Services can request valid identification to
warrant giving an applicant a license.
She explained that the role of the Chief License Inspector and her designates
is to ensure compliance with municipal regulations. Furthermore, for the privilege of holding a municipal license,
all licensees must also be in compliance with all other legislation. Therefore, if By-law Services staff are
advised of illegal activities, that is grounds to bring forward a
recommendation to License Committee to revoke or suspend that license. She explained that the Municipal Act
identifies body-rub parlours along with adult entertainment establishments as a
form of adult entertainment. Because
such establishments were in operation in the Province of Ontario, and across
North America, the Municipal Act was amended in order to identify and
regulate them.
In reply to
questions from Chair Deans, Ms. Jones explained that, although there are 15
body-rub parlours currently licensed in the City (under the auspices of the
former City of Ottawa and City of Vanier by-laws), staff does not know how many
are in operation. She explained that
staff only has the authority to go into an establishment if a regulation exists
to give them that authority. Therefore,
in areas where no previous regulations existed, the City has no way of knowing
how may are in operation. She confirmed
that under the Municipal Act, the City has the authority to define the
area where body-rub parlours can operate as well as regulate how many can
operate. She explained that once the
by-law is enacted, as part of regular licensing patrol, staff will identify
establishments that require licenses.
Within 18 months of the by-law’s enactment, staff should have a sense of
how many are in operation and could report back to Committee with respect to
the option of limiting the number of body-rub parlours that can operate in the
City.
Chair Deans
proposed a motion to direct staff to report back in 18 months with respect to
the status of body-rub parlours in the City of Ottawa.
Responding to a
question from Councillor Little, Ms. Jones confirmed that, should there be
grounds to refuse of revoke a license under this by-law, the matter would be
brought before License Committee.
The Committee voted on the following motions:
Moved by Councillor S. Little
WHEREAS only former
municipalities of Ottawa and Vanier regulated body rub establishments;
AND WHEREAS as a result of
the harmonization process, the amalgamated City of Ottawa must now determine
the status of current body-rub establishments;
AND WHEREAS the Ontario Municipal
Act permits cities to limit the number of body rub establishments;
THEREFORE BE IT RESOLVED
that the Director of By-law Services report back to the Emergency and
Protective Services Committee in 18 months on the status of licensed body-rub
establishments in the new City of Ottawa.
CARRIED
Moved by Councillor M. McRae
The committee heard from the following public
delegations:
Ms. L. Hogue,
Hintonburg Community Association, discussed problems experienced in her
community in the past with respect to such establishments and she expressed
support for the proposed regulations.
Mr. S. Guénette, AAA Spa, expressed
support for the proposed By-law.
Ms. K. Brûlé was concerned
that holistic and alternative medicine practitioners were not captured under
the exemptions contained in the By-law because they are not recognized by the
Province. Therefore, she suggested
including provisions with respect to hours of business so as not to
inadvertently capture holistic and alternative medicine practitioners in the
proposed by-law. She recognized the
City’s need to regulate body-rub parlours and she suggested regulating the way
body-rub parlours advertise their services in local newspapers.
In reference to
the delegation’s last comments, Ms. Jones advised that the Municipal Act
explicitly allows the City to regulate on premise advertising but the City does
not have the ability to regulate advertising through newspapers or magazines.
When asked about
individuals providing massages in people’s homes, Ms. Jones clarified that the
types of services offered in people’s homes are usually performed by registered
massage therapists with Ontario certification.
She confirmed that any individual operating or providing services that
fall under the definition of the by-law and who is not licensed or registered
by the province would require a licence.
Responding to a
question from Councillor Legendre with respect to the delegation’s concerns
about the differences between body rub parlours and holistic medicine
practitioners, Ms. Jones advised that this is one area being reviewed by the
Association of Municipal Clerks and Treasurers’ Licensing Project Team. It is of significant concern amongst the
holistic businesses in the Toronto area who want to be formally recognized and
they are currently working with the Province to try and get recognition, at
which time the municipalities will step in to identify licensing regimes that
will recognize those businesses.
Councillor
Legendre asked about the municipality’s ability to regulate with respect to
hours of business. Ms. Jones indicated
that the City has the ability to regulate hours of operation but that Council
has chosen not to in the case of retail establishments, for example. She suggested staff could report back next
year (as part of the report requested in Councillor Little’s motion) with
respect to the potential impact of such regulating hours of operation.
Councillor McRae
asked, when staff reports back in a year, whether information could be provided
with respect to licensing for body-rub parlours in other cities. Ms. Jones noted that the City of Toronto is
currently looking at significantly raising its licensing fees in order to deal
with problems.
A written
submission was received from Ms. C. Parrott, Chair of the Security Committee of
the Hintonburg Community Association, and is held on file.
The Committee
then voted on the report as amended.