Licensing, regulating, etc., adult entertainment parlours
225.(1)By-laws may be passed by the councils of local municipalities for licensing, regulating, governing, classifying and inspecting adult entertainment parlours or any class or classes thereof and for revoking or suspending any such licence and for limiting the number of such licences to be granted, in accordance with subsection (3). R.S.O. 1990, c. M.45, s. 225 (1); 1996, c. 1, Sched. M, s. 13 (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 adult entertainment parlours or any class or classes thereof or for the prohibition of such signs, advertising or advertising devices. R.S.O. 1990, c. M.45, s. 225 (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 adult entertainment parlours or any class or classes thereof may or may not operate and may limit the number of licences to be granted in respect of adult entertainment parlours or any class or classes thereof in any such area or areas in which they are permitted. R.S.O. 1990, c. M.45, s. 225 (3); 1996, c. 1, Sched. M, s. 13 (2). Construction and equipment of premises (4)A by-law passed under this section may provide that no premises in which an adult entertainment 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 an adult entertainment parlour, he or she may enter such adult entertainment parlour, at any time of the night or day, for purposes of carrying out the enforcement of the by-law. R.S.O. 1990, c. M.45, s. 225 (4, 5). Hours of operation (6)Despite section 214, a by-law passed under this section may regulate the hours of operation of adult entertainment parlours or any class or classes thereof. R.S.O. 1990, c. M.45, s. 225 (6); 1996, c. 1, Sched. M, s. 13 (3). Age restriction (7)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 adult entertainment parlour or any part thereof. Non-application of by-laws (8)By-laws passed under this section do not apply to premises or trades, callings, businesses or occupations carried on in premises licensed under a by-law passed under section 224. Definitions (9)In this section, “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; (“local de divertissement pour adultes”) “goods” includes books, magazines, pictures, slides, film, phonograph records, prerecorded magnetic tape and any other reading, viewing or listening matter; (“biens”) “services” includes activities, facilities, performances, exhibitions, viewings and encounters but does not include the exhibition of film approved under the Theatres Act; (“services”) “services designed to appeal to erotic or sexual appetites or inclinations” includes, (a) services of which a principal feature or characteristic is the nudity or partial nudity of any person, (b) services in respect of which the word “nude”, “naked”, “topless”, “bottomless”, “sexy” or “nu” or any other word or any picture, symbol or representation having like meaning or implication is used in any advertisement; (“services conçus pour s’adresser aux appétits ou aux tendances sexuels ou érotiques”) “to provide”, when used in relation to goods, includes to sell, offer to sell or display for sale, by retail or otherwise such goods, and “providing” and “provision” have corresponding meanings; (“fournir”, “fournissant”, “fourniture”) “to provide”, when used in relation to services, includes to furnish, perform, solicit, or give such services and “providing” and “provision” have corresponding meanings. (“fournir”, “fournissant”, “fourniture”) Evidentiary rule (10)For the purpose of any prosecution or proceeding under a by-law passed under this section, the holding out to the public that goods or 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 an adult entertainment parlour. Other powers not affected (11)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. R.S.O. 1990, c. M.45, s. 225  (7-11). 226, 227. Repealed: 1996, c. 1, Sched. M, s. 14.