WHEREAS the Council of the Corporation of the Town of Prescott may, in accordance with Section 150 of the Municipal Act , S. S. 2001 c 25, license, regulate and govern any business wholly or partially carried on within the municipality.
AND WHEREAS the Council has determined, in accordance with Section 150 (2) and (3) of the Municipal Act, S. O. 2001 c.25, that it is desirable to exercise its licensing powers in the interest of the health and safety of the performers, staff and patrons, to control nuisance, and for the protection of the consumer;
AND WHEREAS when licensing, regulating and governing adult entertainment establishments, the Council may, in accordance with Section 151 (1) of the Municipal Act, S. O. 2001 c.25, define the area of the municipality in which adult entertainment establishments may or may not operate, limit the number of licenses granted, regulate and prohibit the placement, construction, size, nature and character of signs, advertising, and advertising devices, including any printed matter, oral or other communication or thing used to promote adult entertainment establishments and prohibit any person under the age of 18 years to enter or remain in the adult entertainment establishment or any part of it;
AND WHEREAS the Council has held a public meeting in accordance with Section 150 (4) of the Municipal Act, S. O. 2001 c.25;
NOW THEREFORE the Council of the Corporation of the Town of Prescott hereby enacts as follows:
DEFINITIONS
Adult Entertainment Establishment – means any premises or part thereof in which in the pursuance of a business provides goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations;
Adult Entertainment Performer – means any individual who provides entertainment or services designed to appeal to erotic or sexual appetites or inclinations in an adult entertainment establishment in the pursuance of a business, through performing, or through being the subject of exhibition, viewing or an encounter;
Attendant – means a person working in an adult entertainment establishment who is not an adult entertainment performer, an owner or an operator;
Business – includes any trade, calling or occupation;
Certificate of proof of age – means an original or duly certified copy of a legal birth certificate, passport or other certificate or card issued pursuant to a statute or regulation of the Government of Canada or of any Province of Canada, attesting to the date of birth or age of the individual referred to therein; this may include a birth certificate from another country accompanied by supporting Canadian documents proving eligibility to work in Canada;
Clerk – shall mean the Clerk of the Corporation of The Town of Prescott and his or her designate
Council – means the Council of The Corporation of the Town of Prescott;
Enforcement Officer – means a police officer, by-law enforcement officer, special constable and any other public officer engaged in the enforcement, in respect of an adult entertainment establishment, of this or any other law;
Fire Chief – shall mean the Fire Chief of the Fire Department of The Corporation of the Town of Prescott and his or her designate
Individual – means a natural person
Medical Officer of Health – shall mean the Medical Officer appointed by the Lanark, Leeds and Grenville Health Unit and his or her designate;
Operator – refers to any person who alone or with others operates, manages, supervises, runs or controls an adult entertainment establishment and “operate”, “operation” and other words of like import or intent shall be given a corresponding meaning;
Owner – includes a person who alone or with others has a right to possess or occupy, or actually does posses or occupy, an adult entertainment establishment and includes a lessee of an adult entertainment establishment or premises upon which an adult entertainment establishment is located;
Partial nudity – means clothed in a manner that leaves uncovered or visible through less than fully opaque clothing, any portion of:
i) genitals or the pubic area;
ii) buttocks; or
iii) a breast, below the top of the areola, of a female person;
Person – means an individual, a partnership or a corporation to whom or to which the context can apply;
Police – shall mean the Ontario Provincial Police To Provide – includes to furnish, perform, solicit or give services designed to appeal to erotic or sexual appetites or inclinations;
Services – includes activities, facilities, performances, exhibitions, viewing and encounters but does not include the exhibition of film approved under the Theatres Act; Services designed to appeal to erotic or sexual appetites or inclinations – includes:i) services of which a principal feature or characteristic is the nudity or partial nudity of any person; andii)services in respect of which the word “nude”, “naked”, “topless”, “bottomless”, or “sexy” or any other word or any picture, symbol or representation having like meaning or implication is used in any advertisement.
Town – means the Town of Prescott
NUMBER OF LOCATIONS
1. In accordance with Section 151 (1) (a) of the Municipal Act, S. O. 2001 c.25, and recognizing the small size of the Town of Prescott and its population, the number of adult entertainment establishments within the Town of Prescott shall be limited to one (1).
PERMITTED LOCATIONS
2. In accordance with Section 151 (1) (a) of the Municipal Act, S. O. 2001 c.25, any adult entertainment establishment shall be located in an appropriately zoned space in accordance with the Town of Prescott Official Plan and Zoning by-laws ;
And further, no adult entertainment establishment shall be located on Edward Street, Prescott Centre Drive, Churchill Road, or anywhere south of the CN rail line;
And further, any adult entertainment establishment shall be located a minimum of five hundred metres (500m) from any church, school, daycare, public library, community centre or public park.
LICENCE REQUIREMENT
3. There shall be taken out by every person carrying on, engaged in, or intending to carry on or engage in the business of:
i) adult entertainment performer;
ii) operator of an adult entertainment establishment; or
iii) owner of an adult entertainment establishment;a license from the Town of Prescott authorizing them respectively to carry on their respective business in the Town of Prescott, for which license the person obtaining the same shall pay to the Clerk, or their designate, at the time of taking out such license the fee fixed by this by-law.
4. No person shall, in the Town of Prescott, act or perform as an adult entertainment performer, or act as the owner or operator of an adult entertainment establishment, or carry on or engage in any such business, until he, she or it has procured such license so to do, which license is valid and subsisting.
5. No person shall, in the town of Prescott, except under the authority granted by a license issued under this By-Law, engage in or carry on business as:
i) an adult entertainment performer;
ii) an operator of an adult entertainment establishment; or
iii) an owner of an adult entertainment establishment.
6. An owner of an adult entertainment establishment who is also the operator of such establishment, shall be required to be licensed under both classes of license, and to pay the fee in respect of both.
APPLICATION FOR LICENCE
7. A person may apply to the Clerk for a license granting authority to such person to be engaged in or carry on one or more of the following classes of businesses:
i) adult entertainment performer;
ii) operator of an adult entertainment establishment;
iii) owner of an adult entertainment establishment.
8. No license to an owner or operator of an adult entertainment establishment shall be issued unless:
i) the applicant is at least nineteen (19) years of age;
ii) the Ontario Provincial Police has completed a police record check within the last thirty (30) days and has reported in writing as to evidence that the applicant has not received a conviction under one of the following Sections of the Criminal Code of Canada or the Controlled Drugs and Substances Act:
(a) s. 173 of the Criminal Code of Canada (indecent acts)
(b) s. 174 of the Criminal Code of Canada (nudity)
(c) s. 212 of the Criminal Code of Canada (procuring)
(d) s. 213 of the Criminal Code of Canada (prostitution)
(e) s. 5 of the Controlled Drugs and Substances Act (trafficking)
iii) the premises comply with the Zoning By-Law regulations of any other applicable property standards requirements of the Town;
iv) the Fire Chief has reported in writing that the premises comply with fire regulations;
v) the Medical Officer of Health has reported in writing that the premises, in connection with which the license is sought, are suitable for the purpose of the license application and are in a sanitary condition;
vi) Prior to the issuance of the license, the adult entertainment owner shall file with the Chief License Inspector proof of insurance of:
a) Commercial General Liability coverage subject to limits of not less than one million dollars ($1,000,000.00) inclusive for bodily injury, death and damage to property;
b) and, if applicable to the licensed activity, such insurance shall be endorsed to include Liquor License Act Liability or Host Liability insurance.
vii) in the case of an operator’s license, the operator provides the name of the owner whose adult entertainment establishment the operator intends to operate;
viii) the adult entertainment establishment is located in an area referred to in section 2 (PERMITTED LOCATIONS) of this By-Law; and
ix) the applicant has paid to the Clerk, the license fee(s) prescribed by this By-Law
9. No license to an adult entertainment performer shall be issued unless:
i) the applicant is at least eighteen (18) years of age;
ii) the applicant is a Canadian Citizen or Landed Immigrant
ii) the Ontario Provincial Police has completed a police record check within the last thirty (30) days and has reported in writing as to evidence that the applicant has not received a conviction under one of the following Sections of the Criminal Code of Canada or the Controlled Drugs and Substances Act:
(a) s. 173 of the Criminal Code of Canada(indecent acts)
(b) s. 174 of the Criminal Code of Canada (nudity)
(c) s. 212 of the Criminal Code of Canada (procuring)
(d) s. 213 of the Criminal Code of Canada (prostitution)
(e) s. 5 of the Controlled Drugs and Substances Act (trafficking)
10. Every person applying for a license under section 7 shall complete and execute an application form provided by the Clerk, containing the following information:
i) name and address of the applicant;
ii) name and address of the individual signing the application form, and of the intended licensee, if not already provided in the application form;
iii) name and address of the owner of any building, premises, or place upon, in or from which any business is to be carried on pursuant to the license applied for;
iv) any business name to be used in relation to the business if different from the name of the applicant;
v) telephone number of the business;
vi) nature of the class of business to be carried on pursuant to the license, in accordance with the provisions of this By-Law
vii) particulars of the class and status of any license issued to or required to be obtained by the applicant or any other person under the Liquor License Act R.S.O. 1990, c.L19, in respect of any building, premises or place, in or at which the business activity for which the license is sought is to be carried on or engaged in by the applicant;
viii) any other information relevant to the application or the business to which the application related, as may be required by the Clerk.
11. Every individual applying for or holding a license under this By-Law, or engaging in or carrying on any business to which this By-Law relates, shall use his or her own legal name in making such application and holding such license, and no such license shall be issued to any individual in any name other than his or her own legal name.
12. Every individual applying for a license under this By-Law, shall, at the time of making such application to the Clerk, produce two pieces of identification, one of which must contain a reasonably identifiable photo of the individual making the application and a certificate of proof of age relating to such individual. Also included in the application form shall be the individual’s name, stage name, the number and description of such certificate, and any age or date of birth shown on it.
13. No license will be issued under section 7 of this by-law until the Clerk has obtained a digital or other photographic record of the applicant and such photo shall:
i) be maintained on file with the Clerk
ii) be made available to the Policeiii) be used to make a license certificate, which shall be presented to any enforcement Officer upon request.
14. Every application form filed under this section shall be signed by the applicant, if an individual, or in the case of a partnership or corporation, a partner or officer respectively, having the authority to make the application of behalf of the applicant and to bind the partnership or corporation respectively, and such form shall include a declaration executed by such person attesting to the truth of the information provided on the application form.
15. Where the applicant is a corporation or partnership, the applicant shall provide, on the application form, such information relating to the corporation or partnership, respectively, as may be required by the Clerk, and without limiting the generality of the foregoing, such information shall include the following:
i) where the applicant is a partnership, the names and addresses of all of the partners;
ii) where the applicant is a corporation, the names and addresses of all officers and directors of the corporation, and a list showing the name and address of every shareholder of the corporation holding more than 10% of the equity shares of the corporation;
iii) a list showing the name and address of every person having a beneficial interest in the business of the applicant;
iv) the name and address of every person having responsibility for the management or operation of the business of the applicant.
16. Where more than 10% of the equity shares in a corporation applying for a license, are held by another corporation, the applicant shall include in the application form such information pertaining to that corporation similar to that required for the applicant, and the requirements of this section shall also apply to that corporation, and so on until the names and addresses of all individuals who are shareholders of more than 10% of the equity shares of any and all such corporations having an interest, direct or indirect, in the shares of the applicant corporation, are shown.
17. The requirements of this By-Law with respect to an application for a license shall apply as well to an application for a renewal of a license or for a new license to replace a license previously terminated.
18. It is a purpose of the Clerk, in obtaining the information required to be submitted by this By-Law in an application for a license, to make such information available to the public, but no personal information relating to an individual shall be disclosed to the public except in accordance with law.
19. Any license granted under this By-law, upon payment of the assigned fee, shall be valid for a period of one (1) year from the date of issue. In accordance with Sections 150 and 151 of the Municipal Act, S. O. 2001 c.25, any license issued is subject to denied or revoke.
OWNERS AND OPERATORS
20. No owner or operator shall, in respect of any adult entertainment establishment owned or operated, knowingly permit any adult entertainment performer, while providing services as an adult entertainment performer, to touch or be touched by, or have any physical contact with, any other person in any manner whatsoever involving any part of that person’s body, including:
i) in the case of a female adult entertainment performer, the breast;
ii) in the case of a male or female adult entertainment performer, the pubic area and buttocks.
21. No owner or operator shall permit any attendant to perform the services other than within public view.
ADULT ENTERTAINMENT PERFORMERS
22. Criminal Offence – No owner or operator shall permit or allow any adult entertainment performer on the premises to take part in any criminal activity relating to drug trafficking, stolen property or any other criminal offence provided for under the Criminal Code of Canada or the Controlled Drugs and Substances Act, and/or any provision of this By-Law, failing which the owner or operator shall be subject to suspension or revocation of the license held pursuant to the By-Law.
23. License –
i) No adult entertainment performer shall perform within the geographic limits of the Town of Prescott without: a) having applied for and been granted an adult entertainment performer license. b) having available for inspection a valid, numbered license certificate issued by the Clerk containing a photo of the performer.
ii) No owner or operator shall permit any adult entertainment performer on the premises licensed pursuant to this By-Law, without first determining that the adult entertainment performer has been issued a numbered license certificate issued by the Clerk containing a photo of the performer and ensuring that such certificate is available for inspection. The adult entertainment performer shall not be permitted to perform on the premises until such certificate has been obtained, and failing which, the owner or operator shall be subject to suspension or revocation of the license held pursuant to this By-Law. It shall be incumbent upon the owner or operator to supply upon request, the name and license number of each adult entertainment performer employed at his/her establishment. The start and end date of employment shall also be reported.
24. Physical Contact – No adult entertainment performer shall, while providing services as an adult entertainment performer, touch or be touched by, or have any physical contact with, any other person in any manner whatsoever involving any part of that person’s body, including:
i) in the case of a female adult entertainment performer, the breast;
ii) in the case of a female or male adult entertainment performer, the pubic area and buttocks.
25. Every person holding a license issued under this By-Law shall provide written notice to the Clerk of any change in any information filed with the Clerk, in an application form or otherwise, within two (2) days of such change taking place and if the change related to grounds upon which a license may be refused or revoked under this By-Law, the Clerk shall provide notice of the change to the Council or relevant committee, which may decide to hold a hearing in accordance with law, to give consideration to whether or not the license should be revoked.
LICENCE TERM AND FEE
26. The license fees, terms and expiry dates, as prescribed in Schedule ‘A’ of this By-law, shall apply to all licenses respectively issued under this By-Law. At the time of filing an application for a license, the applicant shall also remit to the Clerk by cash, certified cheque, or money order, as the Clerk may require, an amount of money equal to the annual term of the license applied for, in accordance with Schedule ‘A’ of this By-law. The full license fee is payable upon application of a license under this By-Law shall apply.
27. Where a license under this By-law is refused, the full fee shall be refunded. Where a license under this By-Law is revoked, the licensee is entitled to a refund of part of the license fee proportionate to the unexpired part of the term for which it was granted to a maximum of half the fee paid.
GRANTING AND REFUSAL OF LICENCE
28. An applicant for a license under this By-Law is entitled to be issued such license unless:
i) having regard to the applicant’s financial position, the applicant cannot reasonably be expected to be financially responsible in the conduct of the applicant’s business;
ii) in accordance with Section 150 (11) (b) of the Municipal Act, S. O. 2001 c.25, the past or present conduct of any applicant affords reasonable cause to believe that the applicant will not carry on or engage in the business in accordance with the law and with integrity and honesty;
iii) the applicant, or any other person making an application or providing information in support thereof on behalf of an applicant, makes a false statement or provides false information in an application under this By-Law;
iv) activities being carried on by the applicant, or to be carried on pursuant to the license sought are, or will be, in contravention of this By-Law or any other law;
v) the premises, accommodation, equipment or facilities in respect of which the license is to be issued, are not, or will not be, in compliance with this By-Law or any other law; orvi) the applicant, where an individual, is under the age of eighteen (18) years and, where the application is for an owner or operator, is under the age of nineteen (19) years.
29. The Clerk shall make such investigations or inquiries with respect to any application for a license under this By-Law, as he/she may see fit, and may obtain such information relevant to such application as he/she feels may be warranted, and may, where there do not appear to be grounds pursuant to which the Clerk might refuse to issue a license, pursuant to the criteria referred to in this By-law or in the Municipal Act, S. O. 2001 c.25, issue such license in accordance with this By-Law.
30. Where the investigation or any other information available to the Clerk discloses reasonable grounds to believe that the applicant may not be entitled to the issuance of a license on any grounds referred to in this By-Law, or by reason of any other provision of this By-Law or other applicable law, the Clerk shall refer the matter to the Council or relevant committee of the Council, which shall provide the applicant an opportunity for a hearing with respect to the application, as required by law.
31. It shall be a condition of every license that the licensee shall, in carrying on the business, comply with the provisions of this By-Law and any other applicable law and shall ensure such compliance by every other person involved in the carrying on of such business.
32. The Clerk may, in accordance with Section 150 (8) (f) & (g) of the Municipal Act, S. O. 2001 c.25, issue a license under this By-Law also conditional upon compliance with such other terms and special conditions as the Clerk may deem necessary.
33. No person shall be deemed to be licensed to carry on a business for which such license is required under this By-Law until the fee by this By-Law has been paid and the document forming evidence of such license has been issued and delivered to the licensee.
34. Every license shall be issued for a term as provided in this By-Law, subject to revocation or other termination, or for a part of a term expiring, unless sooner revoked or otherwise terminated, upon the expiry date prescribed by this By-Law
REVOCATION OF LICENCE
35. The Clerk may revoke any license issued under this By-Law, on the basis of any one or more of the following grounds:
i) there is reasonable cause to believe that any application or any other document or information provided by or on behalf of the licensee contains a false statement or provides false information;
ii) the past or present conduct of one or more of the persons referred to in this By-Law affords reasonable cause to believe that the business in respect of which the license was granted, has not been carried on, or will not be carried on, in accordance with the law and with integrity and honesty;
iii) there are reasonable grounds for belief that the carrying on of the said business has resulted or will result in a breach of this By-Law or any other law, including a breach of any special condition imposed on a license under this By-Law;
iv) information contained in the original application form, or any other information provided to the Clerk by or on behalf of the applicant, has ceased to be accurate, and the licensee has not provided up-to-date accurate information to the Clerk sufficient to allow the Clerk to conclude that the license should be maintained as valid and subsisting; or
v) the fee payable in respect of the license has not been paid.
36. No license shall be revoked under this By-Law, except after a hearing by the Council, or the relevant committee, or after the licensee has been given the opportunity for such a hearing, in accordance with law.
37. Non-compliance with this By-Law or any other law, is a factor relevant to the consideration of whether or not a license may be granted, refused or revoked, notwithstanding that the holder of the license has not been prosecuted or convicted for contravention of such law.
38. Where an enforcement officer has reasonable cause to believe that any person has contravened any provision of this By-Law, or any other law, including the Criminal Code, involving an individual under the age of 18 years in or at an adult entertainment establishment, such enforcement officer shall, in addition to commencing any prosecution based upon such cause, provide a report in writing to the Clerk, and the Council or the relevant committee may hold a hearing to consider whether or not the license of any person who or which owns or operates such adult entertainment establishment, should be revoked.
39. Where the Council or relevant committee concludes, after a hearing, that an individual under the age of 18 years has been found at or in an adult entertainment establishment, such conclusion may, in the discretion of the Council or the relevant committee, acting according to law, constitute grounds for the revocation of the license of the owner or operator of such adult entertainment establishment.
INSPECTION
40. On receipt of an application for a license or for renewal of a license, the Clerk and/or an enforcement officer may at any reasonable time enter upon the premises of the applicant or licensee to make an inspection to ensure that all the provisions of this By-Law have been satisfied and shall, on completion of his/her inspection, complete and file a written report.
41. No person shall obstruct the Clerk or an enforcement officer inspecting the premises or withhold, destroy, conceal or refuse to furnish any information or thing required by the enforcement officer conducting the inspection.
REGULATIONS
42. No owner of an adult entertainment establishment shall permit any person other than a licensed operator to operate such adult entertainment establishment.
43. No owner or operator shall permit the provision of services designed to appeal to erotic or sexual appetites or inclinations upon or at the adult entertainment establishment owned or operated respectively by such person, by any individual other than a licensed adult entertainment performer.
44. No adult entertainment performer shall provide services designed to appeal to erotic or sexual appetites or inclinations in any adult entertainment establishment unless the owner, and the operator if any, is licensed as owner or operator, respectively under this By-Law.
45. No person not being the owner of an adult entertainment establishment shall operate the adult entertainment establishment unless the owner of the adult entertainment establishment is licensed as owner under this By-Law.
46. No licensee or other person required to be licensed under this By-Law shall, in carrying on business in respect of which such license is required, employ or use the services of any person required to be licensed under this By-Law or any other law unless such person is so licensed.
47. No person shall enjoy a vested right in the continuance of a license, except as provided in this By-Law, and, whether issued, renewed, expired, revoked or otherwise terminated, the license, and any value of such license, shall continue to be the property of the Town.
48. Every person licensed or required to be licensed under this By-Law shall in the carrying on of the business in respect of which such license is required, ensure compliance with the provisions of this By-Law by all persons involved in the carrying on of such business, and no such person shall permit any person employed by such person or otherwise involved in the carrying on of the business to do so other than in compliance with this By-Law.
49. No license issued under this By-Law shall authorize any person to carry on a business or do any other thing, in contravention of any other law.
50. No owner or operator of an adult entertainment establishment and no other person carrying on or engaged in any business for which a license is required under Section 151 (1) (a) of the Municipal Act, S. O. 2001 c.25:
i) shall permit any individual under the age of eighteen (18) years to enter or remain in the adult entertainment establishment or any part thereof;
ii) shall permit any individual under the age of eighteen (18) years to act or appear as an adult entertainment performer or to provide services at an adult entertainment establishment;
iii) shall provide services at an adult entertainment establishment to an individual under the age of eighteen (18) years.
51. Every owner and every operator of an adult entertainment establishment and every other person engaged in or carrying on any business or who a license is required under Section 151 (1) (a) of the Municipal Act, S. O. 2001 c.25, shall, before employing or permitting any individual to act or appear as an adult entertainment performer, require such individual to produce a certificate of proof of age relating to such individual and shall record the name of the individual, the number and description of such certificate, and any age or date of birth shown on such certificate and maintain such record available for inspection by an enforcement officer pursuant this By-Law.
52. Every adult entertainment performer and every operator shall, while in attendance at any adult entertainment establishment, carry her or his certificate of license and certificate of proof of age at all times or have it readily available, and shall comply with a request by any enforcement officer to produce such certificate.
53. Every owner and every operator of an adult entertainment establishment, and every other person required by this By-Law to record information from a certificate of proof of age under this By-Law, shall provide such information to any enforcement officer who requests it.
54. For the purposes of this By-Law, no individual shall present as evidence of her or his age any certificate or other document that was not lawfully issued to her or him, or that does not refer to her or him by her or his legal name.
55. No person carrying on or engaged in any business to which this By-Law relates shall give or provide any false or intentionally misleading recital of fact, statement or representation, orally or in writing, to the Council, any committee of Council, the Clerk or any enforcement officer.
56. No adult entertainment performer at an adult entertainment establishment shall provide services at an adult entertainment establishment in any area in the establishment that is not in the common area and in public view of those within the establishment. 57. No owner or operator shall, in respect of an adult entertainment establishment owned or operated by such person, open the adult entertainment establishment for business or permit the same to be or to remain open for business or permit any services of any kind to be provided in the said adult entertainment establishment at any time except in accordance with the Liquor License Act of Ontario.
58. During the hours of business of an adult entertainment establishment, it shall be the responsibility of the owner or the operator, to ensure that the door or doors or other principal means of access into the adult entertainment establishment by the public shall be kept unlocked.
59. Either the owner or a licensed operator shall be in attendance during all hours of operation at the adult entertainment establishment.
60. An adult entertainment performer shall, while entering or exiting an adult entertainment establishment, be clothed in an appropriate fashion so as not to offend the general public, and no owner or operator shall permit an adult entertainment performer to enter or exit the adult entertainment establishment unless the performer is clothed in an appropriate fashion so as not to offend the general public.
61. No owner or operator shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in the adult entertainment establishment operated by the owner or operator.
62. That all owners and operators of a licensed adult entertainment establishment shall post in an area accessible and visible to patrons, attendants and performers, a notice informing of the following:
i) The possibility of sexually transmitted disease from physical contact; and
ii) Criminal code provisions, respecting assault, for the touching of any dancer; and
iii) Criminal Code provisions, respecting obscenity and indecent acts.
63. No owner or operator of an adult entertainment establishment shall place or permit to be placed any sign, advertising, poster, flyer, notice or any other advertising device (excluding advertising in a daily/weekly newspaper of general circulation) in the Town of Prescott save and except a sign, advertisement or any other advertising device containing the words “Adult Entertainment Establishment”, 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 otherwords or any picture, symbol or representation having like meaning or implication.
OFFENCES AND PENALTIES
64. Every person who contravenes any provision of this By-Law and every director or officer of a corporation, who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000.00 or to imprisonment for a term of not exceeding one year, or to both.
65. Despite Section 64, where a corporation is convicted of an offence under this By-Law, the maximum penalty that may be imposed on the corporation is $50,000.00 and not as provided therein.
66. This By-Law is passed pursuant to powers conferred upon the Council by the Municipal Act, S. O. 2001 c.25, particularly, without limiting the generality of that Act.
67. Without limiting the generality of the foregoing, this By-Law is passed under the authority of the Municipal Act, S. O. 2001 c.25, which provides as follows:
i) Where a person is convicted of carrying on or engaging in a trade, calling, business or occupation on, in or in respect of any premises or part thereof without a license required by a By-Law passed under Section 150 or 151 of the Municipal Act, S. O. 2001 c.25, the court shall order that the premises or part thereof be closed to any use for any period not exceeding two years.”
ii) Where a person is convicted of a contravention of a By-Law passed under Section 150 or 151 of the Municipal Act, S. O. 2001 c.25, other than carrying on or engaging in a trade, calling, business or occupation without a license so to do, and the court decided that the owner or other person occupying the premises or part thereof in respect of which the conviction was made, knew or ought to have known of the conduct which formed the subject matter of the conviction or of any pattern of similar conduct, the court may order that the premises or part thereof be closed to any use for any period not exceeding two years.”
NONTRANSFERENCE OF LICENCE
68. The license issued to an owner or operator of an adult entertainment establishment is not transferable to any other person, partnership or corporation.
69. Section 13 of By-law 02-95 and any other by-laws pertaining to adult entertainment are hereby rescinded.
70. This by-law shall come into force and effect on the date of enactment.
READ A FIRST AND SECOND TIME THIS 5TH DAY OF APRIL, 2005
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF MAY, 2005
SCHEDULE ‘A’ to By-law 06-2005
Description of License Term of License Fee per Term
i) Adult Entertainment Performer
- for initial license or renewal : 12 months $50
ii) Operator of an Adult Entertainment Establishment
- for initial license or renewal: 12 months $100
iii) Owner of an Adult Entertainment Establishment
- for initial license: 12 months $600
- for renewal: 12 months $300