Licensing, regulating, etc., body-rub parlours
224.(1)By-laws may be passed by the councils of local municipalities for licensing, regulating, governing and inspecting body-rub parlours and for revoking or suspending any such licence and for limiting the number of licences to be granted, in accordance with subsection (3). R.S.O. 1990, c. M.45, s. 224 (1); 1996, c. 1, Sched. M, s. 12 (1). Signs, advertising, etc. (2)A by-law passed under this section may provide for regulating the placement, construction, size, nature and character of signs, advertising, and advertising devices, including any printed matter, oral or other communication or thing, posted or used for the purpose of promoting body-rub parlours or for the prohibition of such signs, advertising, or advertising devices. R.S.O. 1990, c. M.45, s. 224 (2). Defined areas, limitation on numbers (3)Despite subsection 257.2 (4), a by-law passed under this section may define the area or areas of the municipality in which body-rub parlours may or may not operate and may limit the number of licences to be granted in respect of body-rub parlours in any such area or areas in which they are permitted. R.S.O. 1990, c. M.45, s. 224 (3); 1996, c. 1, Sched. M, s. 12 (2). Construction and equipment of premises (4)A by-law passed under this section may provide that no premises in which a body-rub parlour is located shall be constructed or equipped so as to hinder or prevent the enforcement of the by-law. Entry (5)Where a medical officer of health or a public health inspector acting under his or her direction, or a peace officer, has reason to suspect that a breach of a by-law passed under this section has occurred in respect of a body-rub parlour, he or she may enter such body-rub parlour, at any time of the night or day, for purposes of carrying out the enforcement of the by-law. Age restriction (6)A by-law passed under this section may prohibit any person carrying on or engaged in the trade, calling, business or occupation for which a licence is required under this section from permitting any person under the age of eighteen years to enter or remain in the body-rub parlour or any part thereof. Evidentiary rule (7)For the purpose of any prosecution or proceeding under a by-law passed under this section, the holding out to the public that services described in this section are provided in premises or any part thereof, is admissible in evidence as proof, in the absence of evidence to the contrary, that the premises or part thereof is a body-rub parlour. Other powers not affected (8)Nothing in this section affects the power that may be exercised by a municipality under this or any other general or special Act to license, regulate or govern any other trade, calling, business or occupation. Definitions (9)For the purposes of this section, “body-rub” includes the kneading, manipulating, rubbing, massaging, touching, or 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; (“massage”) “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 are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. (“salon de massage”) R.S.O. 1990, c. M.45, s. 224 (4-9).