Report to/Rapport au:
Emergency and Protective Services Committee/Comité des services de
protection et d'urgence
and Council/et au Conseil
6 June 2002 / le 6 juin 2002
Submitted by/Soumis par: Steve
Kanellakos, General Manager/Directeur général Emergency and Protective
Services/Services de protection et d’urgence
Contact Person/Personne-ressource : Susan
Jones,
Director, By-law Services/Directrice, Règlements municipaux
580-2424, ext./poste 25536
Susan.Jones@ottawa.ca
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Ref N°:ACS2002-EPS-BYL-0008 |
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SUBJECT: |
BY-LAW - LICENSING - HARMONIZATION – PUBLIC
HALLS, AMUSEMENT PLACES AND ALL NIGHT DANCE EVENTS (RAVES) |
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OBJET : |
RÈGLEMENTS - PERMIS - HARMONISATION - SALLES
PUBLIQUES, SALLES DE JEUX ET DANSE NOCTURNE |
REPORT RECOMMENDATIONS
That the Emergency and Protective Services Committee
recommend that Council:
1. Approve the proposed Licensing
Schedule regulating Amusement Places including Public Halls, effective January
1st, 2003, and approve amendments with respect to the general
provisions and Schedule “A” of the
new licensing by-law, attached as Document 1, to:
(a)
establish an expiry date of March 31;
(b)
establish an annual license fee of $120;
(c)
include related definitions
2. Approve the proposed Licensing
Schedule regulating All Night Dance Events, effective December 1, 2002, and
approve amendments with respect to the general provisions and Schedule “A” of
the new licensing by-law, attached as Document 2, to:
(a)
establish a license fee of $180 per event;
(b)
include related definitions.
3. Approve housekeeping amendments to
existing licensing by-laws to modify existing expiry dates in order to
facilitate the transition into proposed expiry dates and repeal provisions of
former municipal licensing by-laws dealing with public halls, amusement places,
pool halls, billiard hall, bagatelles, bowling alleys, arcades, bingo hall,
theatres, miniature golf, golf driving range, roller skating rink, skateboard
facilities.
RECOMMANDATIONS DU RAPPORT
Que le Comité des services de protection et d’urgence recommande au
Conseil municipal d’approuver :
1. l’annexe
sur les permis réglementant les salles publiques et salles de jeux proposée,
qui entrera en vigueur le 1er janvier, 2003, ci-jointe en document
1, et les modifications nécessaires en ce qui concerne les conditions générales
et l’annexe A du nouveau règlement sur la délivrance de permis en vue :
a)
de fixer la date d’expiration au
mars 31;
b)
d’établir les droits de permis
annuels à 120 $;
c)
d’inclure les définitions connexes;
2.
l’annexe sur les permis réglementant
les danses nocturne, qui entrera en vigueur le 1er décembre 2002,
ci-jointe en document 2, ainsi que les modifications en ce qui concerne les
conditions générales et l’annexe A du nouveau règlement sur la délivrance de
permis en vue :
a)
d’établir les droits de permis
annuels à 180 $;
b)
d’inclure les définitions connexes;
3. les modifications
d’ordre administratif aux règlements municipaux sur la délivrance des permis actuels
en vue de changer les dates d’expiration et de faciliter ainsi le passage aux
dates d’expiration proposées et d’abroger les règlements des anciennes
municipalités concernant la délivrance de permis pour les salles publiques,
salles de jeux, salles de billard, salles de quilles, salles de bingo,
théâtres, terrains de golf miniature ou d’entraînement de golf, installations
pour la pratique du patin à roulettes et de la planche à roulettes.
The Ontario Municipal Act empowers municipalities to pass by-laws for the licensing, regulating and governing of certain businesses carried on within the municipality, and provides that the setting of license fees take into account the cost of administering and enforcing the by-laws.
The City of Ottawa licenses and regulates numerous business categories pursuant to various licensing by-laws enacted in the former municipalities prior to amalgamation. These by-laws continue to be in effect and enforced within the respective boundaries of the former municipalities in which they were enacted until they are repealed, amended or replaced by City Council.
On April 10, 2001, City Council approved a new Licensing By-law (By-law 2002-189). Auctioneers, Driving Schools, Public Garages (parking lots, dealerships, service stations, repair and body shops and car washes) and Snow Plow Operators are now regulated under this new harmonized Licensing By-law. The Emergency and Protective Services Department will undertake to harmonize the remaining business regulations by bringing reports to the Committee on a regular basis. The reports propose specific regulations related to particular business license categories and will be detailed in “Schedules”. Once approved by Council those Schedules are incorporated and become part of the new Licensing By-law.
Typically, business licensing regulations are enacted for reasons such as health and safety, consumer protection, community standards and nuisance control. The identification and inspection of businesses assists the City in monitoring compliance with various regulations and standards imposed by various internal (police, fire, health, building and zoning) and external (provincial and federal) agencies.
Annual licensing fees are charged to offset the cost of enforcement, inspection and administration of regulations whereas application processing fees are charged to cover the cost of processing license applications. Historically, it has been deemed appropriate that the cost of administering and enforcing the regulations should be borne by the regulated businesses and not the public-at-large through general tax revenues.
The recommendation proposes to combine regulations related to public halls and amusement places under a single Schedule. These business categories share similarities in that both offer a place for public assembly where the purpose of assembly is typically entertainment, amusement or learning.
For the purpose of the Schedule, Amusement Places include any place of public assembly operated for hire or as a business to facilitate a meeting, training, education, entertainment, amusement or similar type of occupancy. However, churches or schools are not considered public halls when the premises are used for religious teachings or educational purposes.
The
proposed regulation captures fewer types of amusement places. If approved, bingo halls and movie theatres
will no longer require business licenses.
Furthermore, the proposed by-law
removes the catch-all-term “other places of amusement” which left it unclear as to which type of places of amusement actually required “Amusement Places” licenses.
The Department recommends that the following amusement places operations be subject to
regulations and licensing:
· Miniature Golf Facilities,
· Golf Driving Ranges,
· Roller Skating Rinks (ice skating rinks not included), and
·
Establishments equipped with any
combination of five or more devices such as pool, billiard or bagatelle tables;
bowling alleys (lawn bowling not included), mechanical or electronic pin ball
machines, interactive video machines, or video display terminals.
Amusement place and public hall regulations are currently in effect in former Ottawa, Nepean, Gloucester, Kanata, Vanier and Cumberland. The Department recommends that regulations and annual license fees be harmonized and be applied equally to all public halls and amusement places throughout the entire City of Ottawa.
The proposed regulations address public health and safety issues by requiring that an owner or operator of an amusement place obtain approvals from the Fire, Health and Building Officials that certify that the building is suitable for the stated uses. The recommendation also proposes to regulate the operation of amusement places and public halls to ensure that the related activities be conducted in a manner that would not in any way be adverse to the public interest.
The proposed regulation requires that amusement places owners/operators obtain a minimum Comprehensive Commercial General Liability insurance coverage of $2,000,000 and shall include Liquor Licence Act Liability or Host Liquor Liability insurance as appropriate to protect the public in the event of an accident directly related to the operations of the business.
The proposed annual license fee for the amusement place license is $120.
The fee reflects an anticipated need for an average of 1 to 2 inspections per year at a cost to the Department of approximately $60 per inspection. The proposed fee also covers the cost of enforcement related to unlicensed public halls, the enforcement related to requests for service respecting non-compliance with the regulations as well as the cost of administering the licensing program. Current annual license fees range from $100 to $600.
In light of comments received by the industry, the Department proposes to eliminate the fees per device, table (pool, billiard, bagatelle or other game), alley, machine or other amusement equipment. Similar per equipment fees previously charged ranged from $20 to $70. In old Ottawa establishments operating pool tables, bowling alleys, arcade machines and public halls where required to pay annual fees for each of the above categories. The proposal requires establishments to pay only one fee of $120 (plus the $30 application processing fee).
The proposed fee structure is expected to result in a decrease in annual revenues in the estimated amount of $10,000 in 2003.
Current And Proposed License Fees
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Category |
Proposed Fees |
Current
Fees |
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Ottawa |
Nepean |
Gloucester |
Vanier |
Cumber-land |
Kanata |
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Public Halls |
$120 |
$150 |
$125 |
$200 |
$100 |
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Amusement Places |
$120 |
$115 to $252 |
$125 per
premises |
$50 or $90 |
$100 per premises |
$200 to $600 |
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|
Bowling Alleys |
$10 per alley |
$85 plus $20
per additional alley |
$125 per
premises |
$50 or $90 |
$100 per
premises |
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|
|
Billiard, Pool, Bagatelle Tables |
$10 per table |
$85 plus $20
per additional table |
$125 per
premises |
$70 per table |
$100 per
premises |
$35 per table |
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Pin
Ball Machines |
$10
per machine |
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$125 per
premises |
|
$100 per
premises |
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|
|
Amusement
Arcade
|
$120 |
$115
to $252 |
$125 per
premises |
$600 |
$100 per
premises |
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$550 |
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Mini
golf |
$120 |
|
$125 per
premises |
$200 |
$100 per
premises |
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|
|
Driving Range |
$120 |
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$125 per
premises |
$200 |
$100 per
premises |
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|
|
Skateboarding Facility |
Repeal |
$215 |
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|
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|
Mississauga $65 per machine to a maximum of $650
Hamilton $185 original $135 renewal
Toronto $143 original $45 renewal
Public Hall
Mississauga $110 under 10,000 sq. feet $220 over 10,000 sq. feet
Hamilton $335 original $255 renewal
Proposed Regulations
The proposed regulations address public health and safety issues by requiring an owner or operator of an amusement place to obtain approvals from the Fire, Health and Building Officials that certify that the building, structure or premises are suitable for the stated uses.
The recommendation also proposes to regulate the operation of amusement places to ensure that the related activities be conducted in a manner that would not in any way be adverse to the public interest.
Recommendation 2 –All Night Dance Events (Raves)
In 2001, at the request of the Police Services Board, City Council directed staff to enact a by-law similar to the City of Vancouver regulation related to All Night Dance Events (RAVES). The principal concerns with All Night Dance Events are criminal activities associated with the events such as: drug trafficking, drug use, under-aged patrons, sexual assaults and indecent or disorderly behaviour. All of which fall under the Criminal Code. Secondary concerns relate directly to fire or health related matters, such as room capacity, fire exits, lighting, on-site first aid services and availability of potable water and sanitary facilities.
The licensing regulations being proposed address the above mentioned secondary concerns by requiring the event promoter to ensure that appropriate measures are in place to ensure that all night dance events take place in safe environments. Safeguards include the responsibility to provide detailed plans to be approved by the police, fire and health official, outlining security and first aid dispositions, before an All Night Dance Event license can be issued.
Typically, police are unaware of the location of such events until the event takes place. The proposed regulation requires the promoter to submit an application 28 days before the event and prohibits the promoter from advertising the event unless a license has been issued.
Except for outdoor all night dance events, all indoor All Night Dance Events will have to take place in a licensed Amusement Place suitable for such an event.
The proposed definition of All Night Dance Events excludes most common forms of dance parties and wedding type receptions.
Insurance
The proposed regulation requires that the promoters of All Night Dance Events obtain a minimum Comprehensive Commercial General Liability insurance coverage of $2,000,000 and shall include Liquor Licence Act Liability or Host Liquor Liability insurance as appropriate to protect the public in the event of an accident directly related to the operations of the business.
The proposed license fee of $180 per event reflects higher than average administrative and enforcement related investigations. It is anticipated that at least 2 inspections per event will be required at a cost to the Department of approximately $60 per inspection. The proposed fee is also expected to cover the cost of enforcement related to unlicensed All Night Dance Events and enforcement related to requests for service respecting non-compliance with the regulations.
The proposed fee is lower than fees for similar regulations in other jurisdictions, which range between $200 and $1,000 (typically based on the size of the event). The Department believes that fees should not be prohibitive and believes that promoters will provide better conditions and safety dispositions if more funds are available to cover the cost of better medical and security dispositions.
The Department is of the opinion that if fees are prohibitive the All Night Dance Events will move further underground or leave the jurisdiction of the City rendering controls more difficult and expensive.
It is estimated that approximately 50 all night dance events occur within the City of Ottawa per year. The proposed fees are expected to result in an increase in annual revenues in the estimated amount of $9,000 per year starting in 2003.
Approval of Recommendations 1 and 2 incorporates into the new Licensing By-law and harmonizes licensing regulations for Amusement Places and All Night Dance Events. Once enacted the Schedules will be incorporated in the new Licensing By-law and old regulations (related to Public Halls and Amusement Places including those related to billiard, pool and bagatelle tables, bowling alleys, video arcades, movie theatres, bingo halls, miniature golf, golf ball driving ranges, roller skating rinks and skateboard facilities) will be repealed.
Expiry dates for like license categories (Public Halls and Amusement Places) vary from former municipality to former municipality. In order to ensure a smooth transition to the new Licensing By-law it is necessary to deem the licenses that have been issued under the former municipality to be issued under the new harmonized by-law and permit them to remain in full force and effect until the expiry date as set out in the new harmonized by-law thereby modifying the license period for which they were originally issued.
CONSULTATION
Notices to all licensed Public Hall and Amusement Place owners/operators; and known All Night Dance Event promoters were mailed out the week of June 24, 2002, with the proposed fees, summary of regulations and a request for comments by July 3, 2002. Licensees were also invited to attend the Emergency and Protective Services Committee, to present in person their objections, support or comments.
A notice was published in the Citizen, the Sun and Le Droit dailies June 21, 2002, notifying the public of the proposed harmonization of the Public Hall and Amusement Place regulations, and proposed regulations for All Night Dance Events, the availability of proposed regulations for review, invitation to comment before July 8, 2002, and an invitation to address the EPS Committee of July 22, 2002, in person to support, object or provide comment.
The Ottawa Police Services and Legal Services provided input.
Public consultation period (effectively two days to comment) is too short and seems like the City is trying to “sneak” this by.
Departmental Response
Notices mailed out June 24 indicated July 3 as the deadline for comments. Newspaper ads indicated the deadline for comments to be July 8, 2002. The Department accepted public comments until July 17.
No comments received.
1. Regulation should exempt establishments with fewer than 5 pieces of amusement equipment from licensing. Small businesses already struggling will likely remove their machines rather than pay a $150 license fee.
2. As a small driving range and miniature golf facility operating in West Carleton and paying for our own well and septic services we find additional fees to our heavy expenses is just too much.
3. $10 per piece of equipment could become very expensive on top of an already high annual fee. Number of machines/devices changes considerably throughout the year.
1. Establishments with less than 5 tables, alleys or devices do not fall under the definition of “Amusement Place”. Notwithstanding, establishments that are captured under the definition of public hall and entertainment or other business schedules such as “Restaurants”, will be subject to those regulations and associated license fees.
2. On April 10, 2002, Council approved the principle of applying like fees for similar businesses whether located in urban or rural areas.
3. In response to the public consultation the $10 fee per table, alley or device is no longer being proposed.
Regulations introduced in Ottawa may send “Raves” to outlying areas that have lesser standards for venue quality, and where emergency services may not be able to support such events. Regulations should not be prohibitive. A committee should be established with representation from promoters, police, parents, health and building officials. No application should be refused without justification.
Twenty eight days is too long an advance period. Compromise should be incorporated if logistics can be reviewed and approved by the various agencies in a shorter period of time. Many of the requirements must already be in place as a result of Alcohol and Gaming Commission controls.
The regulations should not apply to small events (under 400) or events occurring in night clubs that are already licensed, regulated and inspected.
Promoters should be allowed to sell more tickets than the room capacity as long as the room capacity is not exceeded. Participation of these and similar events is typically spread throughout the duration of the event. Not all ticket holders are at the event at the same time and the promoter can ensure that the room capacity is not exceeded by having a counter at the door.
Events planned for venues located outside City limits will have an unfair advantage because they will be allowed to advertise for longer periods.
Events already in the planning stage should be “grandfathered”.
Insurance requirements are too high and too costly especially for smaller events.
Information required on application requires too much work on the part of the promoter and too much to ask this far in advance and often the information required is superfluous and irrelevant.
Security bond should be $500 instead of $1,000 and the promoter should have the option to provide for the required transportation.
Conditions for Police, Health and fire approvals should be stipulated in the regulation.
Pointing out drug dealers to the Police may put personnel at risk.
“Sexual, indecent or disorderly performance” should be defined in the regulation to exclude kissing and massages which might be construed as sexual by by-law officers.
Ordering that advertising in all forms may be an attack of freedom of speech
The proposed licensing regulations do not present significant limitations for the planning or promotion of All Night Dance Events. A much greater obstacle to holding these events within the City of Ottawa is the lack of venues suitable to host such events without contravening Noise and other By-laws. The Department anticipates that working relationships will quickly develop between the various approval agencies and promoters as the applications are being processed, negating the need for a formal committee.
Twenty eight (28) days are required to process the application and allow time for the various agencies to review the application, make necessary inspections and finalize appropriate details with the promoter (applicant) to ensure that the events are offered in safe and secure environments. Conditions imposed by various agencies may have time implications as it relates to the promoter’s ability to satisfy the requirements. This timeline will be re-evaluated after a one year period.
The Department does not support the selling of tickets in numbers that exceed the capacity of the premises. Emergency and protection services plan around the expected number of patrons such plans are at risk if the number of patrons exceeds the stated capacity. In addition, surplus tickets may result in waiting lines, which in turn can create pedestrian and vehicular traffic obstructions and an environment that may become difficult to control.
At this time the Department is of the opinion that All Night Dance Events are sufficiently different in nature to regular nightclubs to jutisfy the licensing of all such events regardless of size and attendance. They require more resources during irregular hours; and may take place in less accessible areas. As these events become more commonplace the Department will re-evaluate the need to license the smaller All Night Dance Events.
Insurance (originally proposed at $1,000,000 was increased to $2,000,000) must be in place to protect patrons, property owners and promoters and is considered part of doing business. The cost of insurance has recently jumped throughout the industry as liability claims and their scope increase. Insurance costs may be shared between the promoter and the public hall and property owners
The following requirements found in the document circulated to the public for comments have been modified; or repealed due to public input because the matter is regulated by other City By-laws or other legislation:
$1000 security bond;
Promoter responsibility to stop certain activities;
Postering, noise and nuisance;
Insurance requirements have been increased from $1,000,000 to $2,000,000;
Approval of Recommendation 1 is expected to result in a decrease in annual revenues in the estimated amount of $10,000 in 2003.
Approval of Recommendation 2 is expected to result in an increase in revenues in the estimated amount of $9,000 starting in 2003.
DISPOSITION
Emergency and Protective Services Department to administer and Legal Services to process appropriate by-law amendments to Council for enactment.
Document 1 Proposed Amending By-law and Amusement Places Schedule
Document 2 Proposed Amending By-law and All Night Dance Events Schedule
DOCUMENT 1
A by-law of the City of Ottawa amending By-law No. 2002-189 to harmonize
certain licensing provisions.
The Council of the City of Ottawa enacts as follows:
1. Section 1 of By-law No.2002-189 entitled “A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses”, as amended, is amended by adding the following definitions thereto:
“amusement place” means a place, building or structure or part thereof to which the public has access where entertainment, or amusement facilities are provided and includes:
(a) premises equipped with five (5) or more arcade machines or video display devices;
(b) a bowling alley;
(c) premises, including a proprietary club, with five (5) or more billiard, pool or bagatelle tables;
(d) a golf driving range;
(e) a miniature golf course;
(f) a rollerskating facility, and
(g) a public hall.
“entertainment” for the purposes of public halls means a concert,
public luncheon, public dinner, show, public sporting event or variety program.
“Medical Officer of Health” means the Medical Officer of Health of the City of Ottawa or authorized representative;
“proprietary club” means all clubs other than those in which the use of any pool, billiard or bagatelle table is only incidental to the main objects of the club;
“public hall” means a building or portion thereof including a portable building or tent that is offered or used as a place of public assembly for any meeting or entertainment and includes cloakrooms, washrooms, kitchens and other service rooms used in connection therewith but does not include a theatre licensed under the Theatres Act, R.S.O. 1990, Chap. T.6, as amended or a building or portion thereof except a tent used solely for religious purposes, a college, school or university when used for educational purposes only and a lodge when used for lodge purposes only;
2. Section 9 of the said By-law No. 2002-189 is amended by adding the following subsection thereto:
(6) every person who owns or operates an amusement place;
3. Schedule “A” of the said By-law No. 2002-189 is amended by adding the following item thereto:
Description of License License Fee $ Expiry Date
Amusement Place 120.00 March 31
4. The said By-law No. 2002-189 is amended by adding thereto Schedule No. 5 Relating to Amusement Places.
5. Paragraph (h) of Section 47 of the said By-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;”.
6. Section 47 of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:
(i) by repealing the definitions “amusement arcade”, “billiards”, “place of amusement” and “public hall” where they occur in Section 1;
(j) by repealing items “AMUSEMENT ARCADE A-3”, “BILLIARDS A-5” and “PLACE OF AMUSEMENT A-16” where they occur in Schedule “A”;
(k) by repealing Schedule A-3 “AMUSEMENT ARCADE”, Schedule A-5 “BILLIARDS” and Schedule A-16 “PLACE OF AMUSEMENT”;
(l) by repealing the items “Amusement Arcade $600.00” , “Billiards $70.00/table” and “Place of Amusement” where they occur in Schedule “C”.
7. Paragraph (d) of Section 49 of the said by-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;”.
8. Section 49 of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:
(e) by repealing the definition “Amusement Video Arcade” where it appears in Section 1;
(f) by repealing item 2 “Amusement Video Arcade” where it occurs in the INDEX TO LICENSES;
(g) by repealing the item “Amusement Video Arcade” where it occurs in Schedule “A” entitled “LICENSE FEES”;
(h) by repealing Schedule 2 entitled “AMUSEMENT VIDEO ARCADE”.
9. Paragraph (h) of Section 50 of the said by-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;”.
10. Section 50 of the said by-law No. 2002-189 is amended by adding thereto the following paragraphs:
(i) by repealing the definitions “Amusement Place” and “Public Hall” where they occur in Section 1;
(j) by repealing item “3 Amusement Place” where it occurs in the INDEX TO LICENSES;
(k) by repealing the item “Amusement Place” where it occurs in Schedule “A” entitled “FEES FOR LICENSES”;
(l) by repealing Schedule 3 entitled “AMUSEMENT PLACE”.
11. Paragraph (n) of Section 51 of the said by-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;”.
12. Section 51 of the said by-law No. 2002-189 is amended by adding thereto the following paragraphs:
(o) by repealing paragraphs (8), (75) and (89) of Section 1;
(p) by repealing paragraphs (6), (10), (11), (22) and (34) of Section 2;
(q) by striking out the items “Amusement Place”, “Billiard Tables, Pool Tables”, “Bowling Alleys”, “Public Halls” and “Skateboarding Facility” in Schedule No. 1;
(r) by repealing Schedule No. 1A Relating to Amusement Places, Schedule No. 6 Relating to Billiard Tables, Pool Tables and Bowling Alleys, Schedule No.18B Relating to Public Halls and Schedule No. 24 relating to Skateboarding Facilities.
13. Paragraph (f) of Section 52 of the said by-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;”.
14. Section 52 of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:
(g) by repealing the item “15 Place of Entertainment” where it occurs in the INDEX TO LICENCES.
(h) by repealing the item “Place of Entertainment” where it occurs in Schedule 1 entitled “ANNUAL FEES FOR LICENCES”;
(i) by repealing Schedule 15 entitled “PLACE OF AMUSEMENT”.
15. Paragraph (c) of Section 53A of the said by-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;”.
16. Section 53A of the said By-law No 2002-189 is amended by adding thereto the following paragraphs:
(d) by repealing item 1 “Amusement Place License” and item 3 “Billiard License” where they occur in Schedule “A” entitled “Master List of Trades, Callings, Businesses and Occupations”;
(e) by repealing Schedule “A”1 entitled “Amusement Places” and Schedule “A” 3 entitled “Billiard”;
(f) by repealing item 1 “Amusement Place License” and item 3 “Billiard License” where they occur in Schedule “B” entitled “Fees Applicable to Licenses”.
17. Paragraph (g) of Subsection 54(1) of the said By-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “.”.
18. Subsection 54(1) of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:
(h) the license period for amusement arcade, billiards and place of amusement licenses issued pursuant to By-law No. 170-2000 of the old Corporation of the City of Gloucester is extended and the licenses remain in full force and effect until March 31, 2003,
(i) the license period for amusement video arcade licenses issued pursuant to By-law No. 139-00 of the old Corporation of the City of Kanata is extended and the licenses remain in full force and effect until March 31, 2003,
(j) the license period for amusement place licenses issued pursuant to By-law No. 135-2000 of the old Corporation of the City of Nepean is extended and the licenses remain in full force and effect until March 31, 2003,
(k) the license period for amusement place, billiard table, pool table, bowling alley, public hall and skateboard facility licenses issued pursuant to By-law Number L6-2000 of the old Corporation of the City of Ottawa is extended and the licenses remain in full force and effect until March 31, 2003,
(l) the license period for place of entertainment licenses issued pursuant to By-law No. 29-00 of the old Corporation of the City of Vanier is extended and the licenses remain in full force and effect until March 31, 2003,
(m) the license period for amusement place and billiard licenses issued prior to March 31, 2002 pursuant to By-law No. 20-85 of the old Corporation of the City of Cumberland is extended and remain in full force and effect until March 31, 2003, and
(n) the licenses for amusement place and billiards issued after March 31, 2002 pursuant to By-law 20-85 of the old Corporation of the City of Cumberland shall expire on March 31, 2003.
ENACTED AND PASSED this day of , 2002.
CITY CLERK MAYOR
Schedule
No. 5
Relating
to Amusement Places
LICENSE REQUIRED
1. A separate license shall be obtained in respect of each premises operating as an amusement place.
2. No person shall own or operate a place of amusement without first obtaining an amusement place license.
3. No applicant for an amusement place license shall be issued a license unless:
(a) the applicant is eighteen (18) years of age,
(b) the applicant is the owner of the premises or provides a copy of the rental agreement for use of the premises,
(c) the Fire Chief has reported, in writing, that the premises complies with fire regulations,
(d) the Medical Officer of Health has reported, in writing, that the premises in connection with which the license is sought is suitable for the purpose of an amusement place,
(e) the Chief of Police has reported, in writing, as to the good character of the applicant,
(f) the premises from which it is proposed to carry on the amusement place complies with the zoning, building and property standards requirements of the City,
(g) the applicant has obtained insurance in accordance with Section 4 of this Schedule,
(h) the applicant has indicated on the application the type of amusement place and the number of devices, tables or alleys to be provided on the premises, and
(i) the applicant has paid the fees set out in Schedule “A” of this by-law.
4. (1) Prior to the issuance of the license, the licensee shall file with the Chief License
Inspector proof of insurance of Commercial General Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.
(2) If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liquor Liability insurance.
5. Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
6. No licensee shall permit an all night dance event to take place in the premises unless the promoter of the all night dance event has obtained an all night dance event license.
7. Every licensee shall ensure that:
(a) orderly conduct is maintained in the amusement place,
(b) the operation of the amusement place is conducted in a manner that is not in any way adverse to the public interest,
(c) the licensed premises is kept free of any fire or other hazard,
(d) the washroom facilities in the licensed premises are kept in a proper sanitary condition to the satisfaction of the Medical Officer of Health, and
the licensed premises are supervised directly during all hours of operation by an attendant who is eighteen (18) years of age or older.
8. Every amusement place license shall expire on March 31 of each year.
9. No amusement place license shall be transferable.
DOCUMENT 2
A by-law of the City of Ottawa amending By-law No. 2002-189 to harmonize certain licensing provisions.
The Council of the City of Ottawa enacts as follows:
1. Section 1 of By-law No. 2002-189 entitled “A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses”, as amended, is amended by adding the following definitions thereto:
“all night dance event” means an event for gain or profit:
(a) that offers live or pre-recorded music or both,
(b) where any part of the event takes place between the hours of 0300 and 0900, and
(c) where the principal activities include listening and dancing to music.
“promoter” means the person who organizes the all night dance event and whose responsibilities may include contracting with entertainers, security firms, owners of premises and advertisers and “promotes” has a corresponding meaning.
2. Section 9 of the said By-law No. 2002-189 is amended by adding thereto the following subsection:
(5) every person who promotes an all night dance event;
3. Schedule “A” of the said By-law 2002-189 is amended by adding the following item thereto:
Description of License License Fee $ Expiry Date
All Night Dance Event 180.00 termination of event
4. The said By-law No. 2002-189 is amended by adding thereto Schedule No. 6 Relating to All Night Dance Events.
CITY CLERK MAYOR
SCHEDULE NO. 6
Relating
to All Night Dance Events
1. A separate license shall be obtained for each all night dance event.
2. Every all night dance event license is valid only for the date and time of the all night dance event indicated on the license application.
3. No applicant for an all night dance event license shall be issued a license unless:
(a) the applicant is at least eighteen (18) years of age,
(b) the applicant is the promoter of the event,
(c) the applicant submits a detailed plan of the event that includes the information outlined in Appendix “A” at least 28 days before the all night dance event is scheduled to occur,
(d) the Fire Chief has reported in writing that the premises and the detailed plan comply with all applicable fire regulations,
(e) the Medical Officer of Health has reported in writing that the premises complies with all applicable public health regulations and that there are no objections to the detailed plan,
(f) the Chief of Police has reported in writing as to the good character of the applicant and that there are no objections to the detailed plan,
(g) the premises from which it is proposed to carry on the late night dance event complies with the zoning, building and property standards requirements of the City,
(h) the applicant has agreed to obtain insurance as required by Section 10 of this Schedule, and
(i) the applicant has paid the fees outlined in Schedule “A” of this by-law.
4. If the applicant is not the owner of the premises, he or she must provide written evidence to the satisfaction of the Chief License Inspector that the owner of the premises is aware of and agrees with the use of the premises for the late night dance event.
5. Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
6. No person shall hold an all night dance event in a building or place without first obtaining a license to do so.
7. Despite Section 6, no person shall hold an all night dance event in a building that is not licensed as an amusement place.
8. Every licensee shall:
(a) ensure that patrons of the all night dance event comply with the applicable noise by-laws,
(b) ensure that food preparation on premises must comply with Regulation 562-90 of the Health Protection and Promotion Act,
(c) keep the licensed premises free from any fire or other hazard,
(d) ensure that the capacity of the room is not exceeded,
(e) ensure that the number of tickets sold for the all night dance event does not exceed the capacity of the premises and the number of tickets indicated in the application form,
(f) ensure that tickets for the all night dance event clearly indicate that the event is:
(i) restricted to people 16 years of age or older if alcohol is not served, or
(ii) restricted to people 19 years of age or older if alcohol is served,
(g) ensure that the all night dance event is smoke free,
(h) ensure that no person under 16 years of age is allowed entry,
(i) ensure that all exits are free and remain free of any obstruction,
(j) ensure that all washroom facilities are maintained and operational,
(k) ensure that free potable water under suitable pressure is available at all times to all sinks and sanitary devices in the premises,,
(l) ensure that patrons have access at all times to all sinks and sanitary devices in the premises;
(m) ensure that all security and medical personnel are easily identifiable,
(n) upon being so ordered by Police, Fire or Health, immediately terminate the event if there is non-compliance with any applicable regulations,
(o) ensure that all security personnel can communicate directly with the licensee at all times during the all night dance event, and
(p) ensure that the premises is kept suitably illuminated and ventilated in accordance with the detailed plan.
9. No person shall sell tickets to or advertise an all night dance event unless an all night dance event license has been issued.
10. (1) Prior to the issuance of the license, the licensee shall file with the Chief License Inspector proof of insurance of Commercial General Liability or Special Events Liability coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property.
(2) If applicable to the licensed activity, such insurance shall be endorsed to include Liquor Licence Act Liability or Host Liability insurance.
11. No all night dance event license shall be transferable.
APPENDIX “A”
INFORMATION TO BE INCLUDED IN THE
DETAILED PLAN FOR AN ALL NIGHT DANCE EVENT LICENSE
1. Date of the all night dance event (the “event”).
2. Location of the event.
3. The name, address and phone number of the promoter.
4. The name, addresses and phone number of the registered owner of the premises.
5. If the promoter or registered owner is a corporate entity, the names, addresses and phone numbers of the directors.
6. Times of commencement and termination of the event.
7. Number of tickets to be issued for the event.
8. Capacity of the premises
9. Expected attendance at the event.
10. A plan indicating the location and particulars of the entrances, exits, washrooms, lighting, ventilation, sound system, DJ booth, stage and room dividers.
11. A first aid logistical plan including:
(a) the number of medical personnel on hand during the event;
(b) the type of medical equipment available during the event;
(c) provision of a “cooling down space” where patrons can rest from dancing, heat, lights and music.
(d) the certification held by the medical personnel.
12. A security plan including:
(a) the name and address of the security firm hired for the event;
(b) the number of security personnel to be on duty during the event;
(c) the certification of the security personnel; and
(d) the methods of communication to be used between the security personnel and the promoter before, during and after the event.
13. If pyrotechnics are to be used at the event, a detailed description of its use and an outline of precautions being undertaken with respect to fire prevention and public safety.