Item - 2012.LS16.1
Tracking Status
- City Council adopted this item on October 30, 2012 with amendments.
- This item was considered by Licensing and Standards Committee on October 19, 2012 and was adopted with amendments. It will be considered by City Council on October 30, 2012.
- See also By-laws 243-2013, 619-2013
LS16.1 - Review of Adult Entertainment Parlour Regulations - Amendments to Toronto Municipal Code Chapter 545
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on October 30, 31 and November 1, 2012, adopted the following:
1. City Council approve the proposed amendments to Toronto Municipal Code, Chapter 545, Licensing, Article XXXII, as set out in Appendix A to the report (October 12, 2012) from the Executive Director, Municipal Licensing and Standards, and with the following amendments to Appendix A:
a. that the definition of a “Designated Entertainment Area” be amended to read:
"DESIGNATED ENTERTAINMENT AREA – means an area within the club, approved by the Executive Director of Municipal Licensing and Standards Division, or his or her designate, in which services designed to appeal to erotic or sexual appetites or inclinations are or may be provided. This area includes all private booths, rooms, cubicles, or any other area and enclosure where such services are or may be provided. All areas included in the designated entertainment area must provide unobstructed access to all entrances and exits to or in the premises.”; and
b. that the recommendation concerning the private rooms, booths, or cubicles requirements, listed as provision § 545-376 A, be amended to read:
“A. All private rooms, private booths or cubicles, must have no more than three sides; or have one side constructed of non-opaque material such as glass or plexiglass. When services are being provided, the view into any private rooms, private booths or cubicles must not be obstructed by any means and must permit an unobstructed view of the interior to anyone in its immediate vicinity and in all lighting conditions.”
2. City Council refer the definition of “operator”, listed under provision 545-362 in Appendix A to the report (October 12, 2012) from the Executive Director, Municipal Licensing and Standards, to the Executive Director, Municipal Licensing and Standards to consult further with the industry and to submit a report to the Licensing and Standards Committee as soon as possible on the structure of operator licensing and applicable fees.
3. City Council refer the provision permitting cameras and photographic equipment, listed under provision 545-390 in Appendix A to the report (October 12, 2012) from the Executive Director, Municipal Licensing and Standards, to the Executive Director, Municipal Licensing and Standards to consult further with the industry and to submit a report to the Licensing and Standards Committee as soon as possible with options governing the installation, regulation, and/or use of cameras or photographic and recording devices within Adult Entertainment clubs, including consideration of restricting cameras to the entrances and exits of these establishments.
4. City Council direct the Executive Director, Municipal Licensing and Standards to undertake a further review, in consultation with the industry, of additional standards related to the private areas, including ventilation and size, and report back to the Licensing and Standards Committee as soon as possible.
5. City Council direct that the recommended amendments to Toronto Municipal Code Chapter 545, Licensing, Article XXXII, come into force on February 1, 2013.
6. City Council request the Executive Director, Municipal Licensing and Standards and the Toronto Police Service to continue to consult with the Lesbian, Gay, Bisexual Transgender (LGBT) community on the implementation of the new provisions for Adult Entertainment Parlours.
Public Notice Given
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2012/ls/bgrd/backgroundfile-50917.pdf
(October 19, 2012) Presentation from the Executive Director, Municipal Licensing and Standards on Review of Adult Entertainment Parlour Regulations - Amendments to Toronto Municipal Code Chapter 545
https://www.toronto.ca/legdocs/mmis/2012/ls/bgrd/backgroundfile-51361.pdf
Communications (Committee)
https://www.toronto.ca/legdocs/mmis/2012/ls/comm/communicationfile-32476.pdf
Motions (City Council)
That City Council request the Executive Director of Municipal Licensing and Standards and the Toronto Police Service to continue to consult with the Lesbian, Gay, Bisexual Transgender (LGBT) community on the implementation of the new provisions for Adult Entertainment Parlours.
Vote (Amend Item (Additional)) Oct-30-2012 2:22 PM
| Result: Carried | Majority Required - LS16.1 - Wong-Tam - motion 1 |
|---|---|
| Total members that voted Yes: 38 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are John Parker |
| Total members that were Absent: 6 | Members that were absent are Michelle Berardinetti, John Filion, Rob Ford, Norman Kelly, Ron Moeser, Anthony Perruzza |
Vote (Adopt Item as Amended) Oct-30-2012 2:22 PM
| Result: Carried | Majority Required - LS16.1 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 34 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are Adam Vaughan |
| Total members that were Absent: 10 | Members that were absent are Michelle Berardinetti, Vincent Crisanti, John Filion, Rob Ford, Norman Kelly, Joe Mihevc, Peter Milczyn, Ron Moeser, Anthony Perruzza, Jaye Robinson |
LS16.1 - Review of Adult Entertainment Parlour Regulations - Amendments to Toronto Municipal Code Chapter 545
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Public Notice Given
Committee Recommendations
The Licensing and Standards Committee recommends that:
1. City Council approve the proposed amendments to Toronto Municipal Code, Chapter 545, Licensing, Article XXXII, as set out in Appendix A to the report (October 12, 2012) from the Executive Director, Municipal Licensing and Standards, and with the following amendments to Appendix A:
a. that the definition of a “Designated Entertainment Area” be amended to read:
"DESIGNATED ENTERTAINMENT AREA – means an area within the club, approved by the Executive Director of Municipal Licensing and Standards Division, or his or her designate, in which services designed to appeal to erotic or sexual appetites or inclinations are or may be provided. This area includes all private booths, rooms, cubicles, or any other area and enclosure where such services are or may be provided. All areas included in the designated entertainment area must provide unobstructed access to all entrances and exits to or in the premises.”; and
b. that the recommendation concerning the private rooms, booths, or cubicles requirements, listed as provision § 545-376 A, be amended to read:
“A. All private rooms, private booths or cubicles, must have no more than three sides; or have one side constructed of non-opaque material such as glass or plexiglass. When services are being provided, the view into any private rooms, private booths or cubicles must not be obstructed by any means and must permit an unobstructed view of the interior to anyone in its immediate vicinity and in all lighting conditions.”
2. City Council refer the definition of “operator”, listed under provision 545-362 in Appendix A to the report (October 12, 2012) from the Executive Director, Municipal Licensing and Standards, to the Executive Director of Municipal Licensing and Standards to consult further with the industry and to submit a report to the Licensing and Standards Committee as soon as possible on the structure of operator licensing and applicable fees.
3. City Council refer the provision permitting cameras and photographic equipment, listed under provision 545-390 in Appendix A to the report (October 12, 2012) from the Executive Director, Municipal Licensing and Standards, to the Executive Director of Municipal Licensing and Standards to consult further with the industry and to submit a report to the Licensing and Standards Committee as soon as possible with options governing the installation, regulation, and/or use of cameras or photographic and recording devices within Adult Entertainment clubs, including consideration of restricting cameras to the entrances and exits of these establishments.
4. City Council direct the Executive Director of Municipal Licensing and Standards to undertake a further review, in consultation with the industry, of additional standards related to the private areas, including ventilation and size, and report back to the Licensing and Standards Committee as soon as possible.
5. City Council direct that the recommended amendments to Toronto Municipal Code Chapter 545, Licensing, Article XXXII, come into force on February 1, 2013.
Decision Advice and Other Information
The Licensing and Standards Committee:
1. Requested the Executive Director, Municipal Licensing and Standards, to carry out informal conversations with other municipalities to determine areas of similarity with the objective of asking the Province of Ontario to harmonize the by-laws.
The Executive Director, Municipal Licensing and Standards, gave a presentation to the Licensing and Standards Committee on the Review of Adult Entertainment Parlour Regulations - Amendments to Toronto Municipal Code Chapter 545.
Origin
Summary
The purpose of this report is to recommend amendments to the Adult Entertainment Parlour (“AEP”) regulations under the Toronto Municipal Code, Chapter 545, Licensing, Article XXXII. The recommendations proposed herein aim to respond to the issues raised by the industry, and to clarify enforcement interests through the updating of the bylaw provisions, while ensuring a continued balance of the needs and rights of the entertainers, the general public, and the industry as a whole.
Staff propose to achieve this balance by amending the bylaw, where appropriate, to include, changes to the current; "no-touch" and "unobstructed -view" provisions, bylaw terminology, construction standards for private performance areas, and provisions to address working conditions of the entertainers. This report recommends new provisions, such as new definitions, licensing of security personnel, and health and safety posters. Lastly, this report includes recommendations to maintain current provisions, where appropriate, such as those regarding licensing of entertainers and other regulatory aspects.
All Adult Entertainment Parlour owners and operators, the Adult Entertainment Association of Canada, and all licensed burlesque entertainers, were invited to participate in the consultations. Staff also consulted with a number of City divisions including Toronto Public Health, the Toronto Police Service, ML&S Licensing Services, Toronto Corporate Information Management Services, and external regulatory and enforcement entities, such as: Canada Border Services, Citizenship and Immigration Canada, Human Resources and Skills Development Canada, the Alcohol and Gaming Commission of Ontario, the Mississauga Compliance and Licensing Unit, Peel Regional Police, Niagara Regional Police, and the Ottawa Police Service.
The City of Toronto Medical Officer of Health and City Solicitor were consulted in the preparation of this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/ls/bgrd/backgroundfile-50917.pdf
(October 19, 2012) Presentation from the Executive Director, Municipal Licensing and Standards on Review of Adult Entertainment Parlour Regulations - Amendments to Toronto Municipal Code Chapter 545
https://www.toronto.ca/legdocs/mmis/2012/ls/bgrd/backgroundfile-51361.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2012/ls/comm/communicationfile-32476.pdf
Speakers
Nicole Kiss
Tim Lambrinos, Executive Director, Adult Entertainment Association of Canada
Daniel Hall
Joseph Cao, Manager, Fairbanks Hotel
Nick Bakoias
Peter Kudryk, House of Lancaster
Petros Anastasiou, Paradise Lounge
Klaudia Finta
Viviana Martinez, Adult Entertainment Association of Canada
Allen Cooper, Vice President, Zanzibar Tavern
Nancy So, Fairbanks Hotel
Janette Guadalupe Hernandez Rodriguez
Arben Hysenaj
Mary Taylor, Exotic Dancers' Association Canada
Kate Williamson
Angie Bruni
Sean Didier
Councillor Kristyn Wong-Tam
Motions
That Recommendation 1. in the report (October 12, 2012) from the Executive Director, Municipal Licensing and Standards, be amended to read;
A. City Council approve the proposed amendments to Toronto Municipal Code, Chapter, 545, Licensing, Article XXXII, as set out in Appendix A to the report (October 12, 2012) from the Executive Director, Municipal Licensing and Standards, and with the following amendments to Appendix A:
1. The definition of a “Designated Entertainment Area” be amended to read:
"DESIGNATED ENTERTAINMENT AREA – means an area within the club, approved by the Executive Director of Municipal Licensing and Standards Division, or his or her designate, in which services designed to appeal to erotic or sexual appetites or inclinations are or may be provided. This area includes all private booths, rooms, cubicles, or any other area and enclosure where such services are or may be provided. All areas included in the designated entertainment area must provide unobstructed access to all entrances and exits to or in the premises.
2. The recommendation concerning the private rooms, booths, or cubicles requirements, listed as provision § 545-376 A - be amended to read:
A. All private rooms, private booths or cubicles, must have no more than three sides; or have one side constructed of non-opaque material such as glass or plexiglass. When services are being provided, the view into any private rooms, private booths or cubicles must not be obstructed by any means and must permit an unobstructed view of the interior to anyone in its immediate vicinity and in all lighting conditions.
That City Council refer the definition of “operator”, listed under provision 545-362 in Appendix A to the report (October 12, 2012) from the Executive Director, Municipal Licensing and Standards, to the Executive Director of Municipal Licensing and Standards to consult further with the industry and to submit a report to the Licensing and Standards Committee as soon as possible on the structure of operator licensing and applicable fees.
That City Council refer the provision permitting cameras and photographic equipment, listed under provision 545-390 in Appendix A to the report (October 12, 2012) Executive Director, Municipal Licensing and Standards, to the Executive Director of Municipal Licensing and Standards to consult further with the industry and to submit a report to the Licensing and Standards Committee as soon as possible with options governing the installation, regulation, and/or use of cameras or photographic and recording devices within Adult Entertainment clubs.
That City Council direct the Executive Director of Municipal Licensing and Standards to undertake a further review, in consultation with the industry, of additional standards related to the private areas, including ventilation and size, and report back to the Licensing and Standards Committee as soon as possible.
That Part c of Motion 1 by Councillor Palacio's be amended by adding "including consideration of restricting cameras to the entrances and exits of these establishments".
That the Executive Director, Municipal Licensing and Standards be requested to report back to the Licensing and Standards Committee on developing a licensing system that would allow entertainers to perform/tour multiple municipalities and would reduce their license fees and applications.
That the Licensing and Standards Committee request the Executive Director, Municipal Licensing and Standards, to carry out informal conversations with other municipalities to determine areas of similarity with the objective of asking the Province of Ontario to harmonize the by-laws.
Vote (Adopt Item as Amended) Oct-19-2012
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 5 | Members that voted Yes are Glenn De Baeremaeker, Chin Lee, Gloria Lindsay Luby, Cesar Palacio (Chair), Anthony Perruzza |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 1 | Members that were absent are Frances Nunziata |