Report to/Rapport au :

 

Emergency and Protective Services /

Comité des services de protection et d’urgence

 

and Council / et au Conseil

 

25 August 2005 / le 25 août 2005

 

Submitted by/Soumis par :  Steve Kanellakos, Deputy City Manager,

Community and Protective Services / Directeur général adjoint

Services communautaires et de protection

 

Contact Person / personne-ressource :Susan Jones,

 Director,,By-law Services / Directrice, Services des règlements municipaux

580-2424, ext/poste 25536, susan.jones@ottawa.ca

 

 

Ref N°: ACS2005-CPS-BYL-0028

 

 

SUBJECT:

BY-LAW HARMONIZATION – LICENSING – Body-Rub parlours

 

 

OBJET :

HARMONISATION des RÈGLEMENTS MUNICIPAUX –– PERMIS –  salon de massage

 

 

REPORT RECOMMENDATION:

 

That the Emergency and Protective Services Committee recommend Council approve amendments to Licensing By-law No. 2002-189, as outlined in Document 1, to:

 

1.                  Establish harmonized regulations for licensing and regulating body-rub parlours to take effect November 30, 2005;

 

2.                  Establish an annual license fee of $500; and

 

3.                  Modify the by-law expiry date for the former municipality of Vanier in order to facilitate the transition into the proposed expiry date.

 

RECOMMDATION DU RAPPORT :

 

Que le Comité des services de protection et d’urgence recommande au Conseil municipal d’approuver les modifications suivantes au règlement de délivrance de permis no 2002‑189, présenté dans le Document 1 :

1.                  Harmoniser la réglementation relative à la délivrance de permis touchant les salons de massage et voir à son entrée en vigueur le 30 novembre 2005;

 

2.                  Établir les droits de permis annuel à 500 $; et

 

3.                  Modifier la date d’expiration du règlement de l’ancienne municipalité de Vanier afin de faciliter la transition vers la date d’expiration proposée.

 

EXECUTIVE SUMMARY

 

In accordance with the Ontario Municipal Act, all municipalities must re-enact licensing by-laws every 5 years.  In Ottawa, all existing pre-amalgamation by-laws must be re-enacted by December 31, 2005 or they expire.

 

The purpose of the proposed Body-rub Parlour regulation is to protect the health and safety of the public by ensuring that the premises comply with all property, health and fire standards of the City of Ottawa.  The recommended licensing regulation is the result of a review of existing by-laws from the former municipalities of Ottawa and Vanier.  A fee in the amount of $500 is proposed for a body-rub parlour license. 

 

RÉSUMÉ

 

Conformément à la Loi sur les municipalités de l’Ontario, toutes les municipalités doivent revoir leurs règlements de délivrance de permis tous les cinq ans. À Ottawa, tous les règlements antérieurs à l’amalgamation doivent être revus d’ici le 31 décembre 2005 ou alors, ils expireront à cette date.

L’objectif du règlement touchant les salons de massage est de protéger la santé et la sécurité du public, tout en veillant à ce que les lieux se conforment aux normes de la propriété, de la santé et de la protection des incendies de la Ville d’Ottawa. La réglementation de la délivrance de permis recommandée fait suite à l’examen des règlements actuels des anciennes municipalités d’Ottawa et de Vanier. Des droits de permis de 500 $ sont proposés pour l’obtention d’un permis de salon de massage.

 

BACKGROUND

 

The City of Ottawa inherited two body-rub parlour regulations from the former municipalities of Ottawa and Vanier.  These regulations were enacted in consideration of the municipal role and mandate with respect to public health and safety, nuisance and consumer protection.  They continue to be in effect and enforced within the respective boundaries of the former municipality in which they were enacted until they are repealed, amended or replaced by Council. 

 

Body-rub parlours are not to be confused with massage therapy establishments where employees who practices massage therapy are certified by a college and are a member of a health regulatory body, such as the College of Massage Therapists of Ontario.  Certification is not a requirement for individuals working in a body-rub parlour.  

 

Ottawa currently regulates fifteen (15) body-rub parlours.   In the former municipality of Ottawa, only one licence is issued to the owner/operator of the body-rub parlour, contrary to the former municipality of Vanier, which requires that the owner, operator and all attendants be licensed. 

 

 

DISCUSSION

 

Harmonized Regulations

 

The purpose of the proposed Body-rub Parlour regulation is to protect the health and safety of patrons and employees, attending or working, in a body-rub parlour by ensuring that the premises meets all property, zoning, fire and health standards established by the City of Ottawa.  It further protects consumers by incorporating requirements for a police background check of all applicants applying for a license.

 

The Department recommends extending the licensing requirement City-wide and harmonizing the associated regulations and fees.  A municipal license, which can be suspended or revoked for violations of specific regulations, provides additional incentive to a licensed business owner to adhere to regulations

 

The proposed regulation is derived from the best practices of the existing by-laws for the former municipalities of Ottawa and Vanier.  It continues to require the licensee to maintain a sanitary environment within the establishment, limit entry or employment to persons eighteen (18) years of age or older and ensure that the parlour is supervised at all times when open for business.  It also prohibits the establishment of new body-rub parlours in residential and institutional areas in accordance with respective zoning by-laws.  

 

Licensing Fee

 

It is deemed appropriate that the cost of administering licensing regulations should be supported by the regulated businesses and not the public-at-large through tax revenues. 

 

Licensed body-rub parlour owners/operators in the former municipality of Ottawa are currently charged an annual fee of $300; whereas the former Vanier regulation licenses owners, operators and attendants, and charges a fee of $1,000, $1,000 and $150, respectively.   In addition, where the owner is also the operator, a licence is required under both classes of licence and the fee in respect to both is charged, i.e. $2,000. 

 

Staff proposed a standard licensing fee of $500 for every body-rub parlour to cover the costs of administration, inspection of the premises and enforcement of the proposed regulation.  As for all other business licenses, a processing fee of $50 would also be applied.

 

Expiry Dates

 

Former municipalities’ expiry dates for this license category vary between December 31st and March 31st.  In order to ensure a smooth transition to the new Licensing By-law, it is necessary to extend the existing licensing period for former Vanier so that all licenses expire on the same date.   Transition provisions to standardize the expiry date of the license to March 31st have been included in the draft amending by-law appended as Document 1.

 

RURAL IMPLICATIONS

 

All licenses are issued in the former municipalities of Ottawa and Vanier.  There are no rural implications associated with this report.

 

CONSULTATION

 

Public

 

An ad appeared in the Citizen, the Sun and Le Droit on August 8, 2005 and August 15, 2005 inviting comments and giving notice of the time, date and location of the Emergency and Protective Services Committee where the proposed Body-rub Parlour by-law would be discussed.

 

Stakeholders were provided with a copy of the draft report, by-law and schedule for their comments.  They were also informed of the date when Committee would consider this matter and invited to attend if they wish to address the Committee.

 

Departments

 

The Legal Services Branch, the Planning and Growth Department and the Ottawa Police Service were consulted in the writing of this report.

 

FINANCIAL IMPLICATION

 

No financial implications are projected as a result of this report.

 

SUPPORTING DOCUMENTATION

 

Documents 1 – Proposed Body-rub Parlour By-law and Schedule 

 

DISPOSITION

 

Community and Protective Service, By-law Services for implementation.

Corporate Services, Legal Services to process the necessary by-law to Council for enactment.

 

Document 1

 

BY-LAW NO. 2005 -

 

                A by-law of the City of Ottawa amending By-law No. 2002-189 respecting regulating, licensing and governing body-rub parlours.

 

                WHEREAS subsection 150(1) of the Municipal Act, 2001 authorizes a municipality to license, regulate and govern any business carried on wholly or partly within the municipality;

 

                        AND WHEREAS section 151 of the Municipal Act, 2001 authorizes additional regulations for adult entertainment establishments;

 

AND WHEREAS subsection 150(2) of the Municipal Act, 2001 provides that a municipality may only exercise its licensing powers for the purposes of health and safety, nuisance control or consumer protection;

 

AND WHEREAS City Council at its meeting of            determined that it is appropriate to license body rub parlours for the purposes of health and safety and consumer protection in order to provide a safe environment for patrons and employees;

 

THEREFORE 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:

 

“body-rub” includes the kneading, manipulating, rubbing, massaging, touching, o 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;

 

“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 or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario;

 

2.                     Section 1 of the said By-law No. 2002-189 is amended by adding the expression “and body-rub parlours” after the word “stores” where it occurs in the definition of “adult entertainment establishment”.

 

3.                     Section 9 of the said By-law No. 2002-189 is amended by adding the following clause thereto immediately after clause ( ):

 

                        ( )         every person who owns or operates a body-rub parlour;

                       

4.                     Schedule “A” of the said By-law 2002-189 is amended by adding the following item thereto:

 

Column 1                Column 2                    Column 3

Description of License      License Fee $                       Expiry Date

 

Body-rub Parlour                        $500                                    March 31

                                                                                                      

5.                     The said By-law No. 2002-189 is amended by adding thereto Schedule No. attached hereto entitled “Relating to Body-rub Parlours”.

 

REPEAL – PARTS OF OLD OTTAWA BY-LAW NUMBER L6-2000

 

6.                     Section 51 of the said By-law No. 2002-189 is amended by adding the following clauses immediately after clause ( ):

 

                        ( )         by repealing paragraphs (14) and (15);

                        ( )         by repealing paragraph (9);

                        ( )         by striking out the item “Body-rub Parlour” where it occurs in Schedule No. 1 entitled “Fee Structure”;

                        ( )         by repealing Schedule No. 5 entitled “Relating to Body-rub Parlours”;

 

REPEAL – PARTS OF OLD VANIER BY-LAW NO. 29-00

 

7.             Section 52 of the said By-law No. 2002-189 is amended by adding the following clauses immediately after clause ( ):

( )     by repealing Item 4 “Body-Rub Parlour” where it occurs in the INDEX TO LICENCES;

( )     by repealing the item “Body-Rub Parlour” where it occurs in Schedule 1 entitled “ANNUAL FEES FOR LICENCES”;

( )     by repealing Schedule 4 entitled “BODY RUB PARLOUR”;

 

 

8              Subsection 1 of Section 54 of the said By-law No. 2002-189 is amended by adding the following clause immediately after clause ( ):

 

                ( )     the license period for body-rub parlours 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, 2006.

 

9.             This by-law includes the Schedule annexed hereto and the Schedule is hereby declared to form part of this by-law.

 

10.           This by-law shall come into effect on November 30, 2005.

 

 

ENACTED AND PASSED this   day of     , 2005.

 

 

 

 

 

 

 

                        CITY CLERK                                                 MAYOR

 

SCHEDULE NO.

Relating to Body-rub Parlours

 

 

LICENSES REQUIRED

 

1.                     A separate license shall be obtained in respect of each premises operating as a body-rub parlour.

 

2.                     No person shall own or operate a body-rub parlour premises without first obtaining a body-rub parlour license.

 

CONDITIONS FOR ISSUANCE OR RENEWAL OF A BODY-RUB PARLOUR LICENSE

 

3.         No applicant for a body-rub parlour license shall be issued a license unless:

(a)                the applicant is eighteen (18) years  of age or older;

(b)               the applicant appears in person;

(c)                the applicant provides proof of age and identification satisfactory to the Chief License Inspector;

(d)               the applicant has provided the original documents from the issuing agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sector, dated less than 30 days prior to the date of the application for a license;

(e)                the premises complies with the zoning, building and property standards requirements of the City;

(f)                 the Fire Chief has reported in writing that the premises complies with fire regulations;

(g)                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 the license application and is in a sanitary condition;

(h)                the applicant has submitted proof of insurance in accordance with the requirements of Section 13 of this Schedule;

(i)                  the applicant has paid the fees described in Schedule “A” to this by-law.     

 

GENERAL REGULATIONS

 

4.                     No licensee shall fail to ensure that the following provisions are complied with:

(a)                the body-rub parlour shall be,

(ii)                adequately lighted,

                                    (ii)        adequately ventilated,

            (iii)       adequately heated,

      (iv)       clean , and

(v)    supplied with hot and cold running water;

            (b)      all bathing devices, including steam baths, shall be properly cleaned before they are offered for use to a patron;

            (c)      all robes, towels, blankets and linens furnished for the use of patrons shall be freshly laundered before being offered for use to a patron;

            (d)      clean uniforms or garments shall be worn by employees while working on a patron;

            (e)      the sleeves of uniforms or garments as referred to in subsection (d) shall not reach below the elbow;

            (f)       the skin of the hands of an employee shall be clean and in a healthy condition and the nails shall be kept short and clean;

            (g)      the hands of an employee shall be washed thoroughly before performing a body-rub on a patron;

            (h)      the furniture and equipment shall be maintained in a safe and sanitary condition;

            (i)       the body-rub parlour is supervised at all times when open for business; and

            (j)       no cubicle, room, booth or area used for a body-rub shall be fitted with a door capable of being locked.

 

5.                     No licensee shall fail to post the license in a prominent location on the licensed premises so as to be clearly visible to the public.

 

6.                     No licensee shall refuse to produce his or her license for inspection when so requested by the Chief License Inspector or Chief of Police.

 

7.                     No licensee or body-rub parlour operator shall permit any person under the age of eighteen (18) years to enter or remain in the body-rub parlour.

 

8.                     No licensee shall permit any person under the age of eighteen (18) years to be employed in a body-rub parlour.

 

9.                     No licensee shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in the body-rub parlour.

 

10.                   No licensee shall:

                        (a)        publish or distribute or cause to be distributed, any advertising matter or business identification card that describes or depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than a body-rub;

                        (b)        erect or post or cause to be erected or posted a sign, advertising or advertising device that describes or depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than a body-rub.

 

11.                   No person shall operate a body-rub parlour in any area of the City zoned for residential or institutional purposes in the applicable zoning by-law.

 

INSURANCE

 

12.                   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.

 

 

TRANSFERABILITY OF LICENSE

 

13.                   The body-rub parlour license is not transferable.