[37] Bill 24 Original (PDF)
Bill 24 2001
An Act to amend the
Municipal Act
with respect to
adult entertainment parlours
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Section 225 of the Municipal Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 13, is further amended by adding the following subsections:
Licence required
(1.1) No person shall operate an adult entertainment parlour unless the person has been issued a licence to do so by the municipality in which the parlour is located.
Qualifications for licence
(1.2) A municipality shall not issue a licence to operate an adult entertainment parlour to,
(a) a person who has been convicted of an offence under section 151, 152, 153, 153.1, 159, 160, 163.1, 201, 211, 212, 213, 462.31 or 467.1 of the Criminal Code (Canada);
(b) any corporation whose owners or directors include a person who has been convicted of an offence referred to in clause (a);
(c) a person who is under 18 years of age; or
(d) a person who has been convicted of an offence under subsection (1.5).
Term of licence
(1.3) A licence to operate an adult entertainment parlour shall be issued for a term of two years and may be renewed upon its expiry.
Qualifications of persons
working in parlour
(1.4) A person who holds a licence to operate an adult entertainment parlour shall ensure that no person works or performs or provides services in an adult entertainment parlour unless,
(a) the person is at least 18 years of age; and
(b) the person holds a licence to work or perform or provide the services in the adult entertainment parlour issued by the municipality in accordance with section 226.
Offence
(1.5) A person who holds a licence to operate an adult entertainment parlour who contravenes subsection (1.4) is guilty of an offence and on conviction is liable to,
(a) on a first offence, a fine of not less than $20,000 and not more than $100,000 or to imprisonment not exceeding six months, or both; and
(b) on a subsequent offence, a fine of not less than $50,000 and not more than $250,000 or to imprisonment not exceeding one year, or both.
Defence of due diligence
(1.6) It is a defence to a charge under subsection (1.5) that the defendant took every reasonable precaution to ensure that the persons working or providing or performing services in the adult entertainment parlour were at least 18 years of age and held a licence to work or perform or provide the services in the parlour.
Revocation of licence
(1.7) A municipality shall revoke a licence issued under this section if the person who holds the licence is found guilty of an offence under subsection (1.5) or of an offence referred to in clause (1.2) (a) and, if a licence under the Liquor Licence Act has been issued with respect to the adult entertainment parlour in question, shall promptly give the Liquor Licence Board of Ontario written notice of the revocation.
(2) Subsection 225 (9) of the Act is amended by striking out "In this section" at the beginning and substituting "In this section and in section 226".
(3) The definition of "adult entertainment parlour" in subsection 225 (9) of the Act is repealed and the following substituted:
"adult entertainment parlour" means any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations, including,
(a) services that include the arranging of dates, escorts or nude or partially nude dancing for a fee, and
(b) telephone, electronic or internet sex lines a principal feature of which includes communications, conversations or video imagery, which are sexual in nature. ("local de divertissement pour adultes")
2. The Act is amended by adding the following section:
Licensing of persons to provide services
226. (1) By-laws may be passed by the councils of local municipalities respecting the licensing of persons to work or perform or provide services in an adult entertainment parlour.
Form of licence
(2) A licence to work or perform or provide services in an adult entertainment parlour shall be in the form approved by the municipality that issues the licence and shall contain a picture of the licensee and the licensee's date of birth.
Prohibition
(3) No person shall work or perform or provide services in an adult entertainment parlour unless the person holds a licence to work or perform or provide the services in the adult entertainment parlour issued by the municipality.
Licensed services
(4) For greater certainty, the services for which a licence is required under this section include services designed to appeal to erotic or sexual appetites or inclinations and any other services provided in an adult entertainment parlour.
Qualifications for licence
(5) A municipality shall not issue a licence to work or perform or provide services in an adult entertainment parlour to,
(a) a person who has been convicted of an offence under section 151, 152, 153, 153.1, 159, 160, 163.1, 201, 211, 212, 213, 462.31 or 467.1 of the Criminal Code (Canada); or
(b) a person who is under 18 years of age.
Carry licence
(6) A person who holds a licence to work or perform or provide services in an adult entertainment parlour shall have the licence on his or her person, or readily available at the parlour, while he or she is working or performing or providing services.
Produce licence
(7) A person who holds a licence to work or perform or provide services in an adult entertainment parlour shall produce the licence upon request by a peace officer.
Apprehension of persons under 18
(8) If a peace officer has reasonable grounds to believe that a person who is working or performing or providing services in an adult entertainment parlour is under the age of 18, the peace officer may, without a warrant,
(a) enter the adult entertainment parlour and search for and remove the person; and
(b) convey the person to a place that is a place of safety within the meaning of the Child and Family Services Act.
Entry
(9) A peace officer authorized to enter an adult entertainment parlour under clause (8) (a) shall exercise the power of entry in accordance with the regulations.
Detention in place of safety
(10) A person who is conveyed to a place of safety under subsection (8) shall remain there for up to five days.
Application of
Child and Family Services Act
(11) Part III of the Child and Family Services Act applies, with necessary modifications, to a person who is conveyed to a place of safety under subsection (8) and for the purposes of the application of that Part,
(a) a person conveyed to a place of safety who is 16 years of age or older and under 18 shall be deemed to be less than 16 years of age;
(b) the peace officer who detained the person referred to in clause (a) shall ensure that the matter is brought before a court for a hearing under section 47 of the Child and Family Services Act within five days of bringing the person to the place of safety.
Offence
(12) A person who contravenes subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500.
Same
(13) A person who is under 18 years of age and who works or performs or provides services in an adult entertainment parlour is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $500.
No charge
(14) A person who is under 18 years of age shall not be charged with an offence under subsection (12) or (13) unless the person has been previously apprehended under subsection (8) and has returned to an adult entertainment parlour to work or perform or provide services.
Offence
(15) A person who contravenes subsection (6) or (7) is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $1,000.
Conditions
(16) A licence issued under this section is subject to such conditions as may be specified by by-law or as may be specified in the licence.
Regulations
(17) The Lieutenant Governor in Council may make regulations respecting the power to enter adult entertainment parlours under subsection (8).
Commencement
3. This Act comes into force on the day it receives Royal Assent.
Short title
4. The short title of this Act is the Municipal Amendment Act (Adult Entertainment Parlours), 2001.
EXPLANATORY NOTE
The Bill amends section 225 of the Municipal Act relating to adult entertainment parlours. It prohibits a person from operating such parlours unless they are issued a licence to do so from the municipality in which the parlour is located. It sets out provisions relating to the qualifications for obtaining a licence to operate an adult entertainment parlour, including a requirement that the applicant for a licence not have been found guilty under the Criminal Code (Canada) of keeping a common bawdy house, of living off the avails of prostitution in relation to the adult entertainment parlour or of participating in organized crimes. The Bill also prohibits a person licensed to operate an adult entertainment parlour from employing a person who is under 18 years of age or who does not hold a licence to work or perform or provide services in the parlour.
The Bill amends the definition of "adult entertainment parlour" to include premises from which dates, escorts or nude or partially nude dancing is arranged for a fee and in which telephone, electronic or internet sex lines are available.
The Bill adds section 226 to the Act. This section gives local municipalities the power to pass by-laws requiring persons to be licensed to work, perform or provide services in an adult entertainment parlour. A person is prohibited from providing such services in a municipality unless the person holds a licence issued by the municipality. A person must be at least 18 years of age in order to be issued such a licence and have qualifications similar to those required to hold a licence to operate an adult entertainment parlour. The licence issued by the municipality must contain a picture of the licensee and the licensee's date of birth. A person who works in an adult entertainment parlour must have the licence available at the parlour at all times while working and produce it for inspection upon request by a peace officer.
A person who is under 18 and is working in an adult entertainment parlour may be apprehended by a peace officer and brought to a place that is a place of safety within the meaning of the Child and Family Services Act. A person who is conveyed to a place of safety under these provisions may be detained there for up to five days and shall be subject to Part III of the Child and Family Services Act.