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Page 1
CITY OF WINDSOR
Business Licensing By-law
January 1, 2005
By-law #395-2004
Licensing and
Enforcement
Department
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BY-LAW NO. 395-2004
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The Corporation of the City of Windsor
CANADA
By-law No. 395-2004
A by-law to provide for the
LICENSING AND REGULATION OF VARIOUS BUSINESSES
TABLE OF CONTENTS
Part
Page
Part 1
Definitions
3
Part 2
Licenses
12
Part 3
General Provisions
14
Schedule
Schedule 1
Business Licence Fees…………………………………………………..……..
Schedule A1 Adult Entertainment Parlour ………………………………………………….
Schedule A2 Auctioneers…………………………………………………………………….
Schedule A3 Automobile Service Station……………………………………………………
Schedule B1 Bill Distributor…………………………………………………………………
Schedule B2 Bed and Breakfast and Guest House Establishments………………………….
Schedule C1 Carnival/Circus………………………………………………………………...
Schedule E1 Entertainment Lounge……………………………………………….…………
Schedule E2 Escorts/Personal Service Agent………………………………………………..
Schedule F1 Food Store……………………………………………………………………..
Schedule H1 Hawker Pedlar………………………………………………………………….
Schedule H2 Heating ………………………………………………………………………...
Schedule H3 Holistic Centre/Practitioner ……………………………………………………
Schedule H4 Hospitality……………………………………………………………………...
Schedule L1 Lodging House…………………………………………………………………
Schedule M1 Mobile Sign Lessor………………………………………………………….…
Schedule M2 Mobile Vendor of Food………………………………………………………..
Schedule O1 Old Gold Dealer………………………………………………………………..
Schedule P1 Pet Shops……………………………………………………………………….
Schedule P2 Plumber………………………………………………………………………...
Schedule P3 Public Hall……………………………………………………………………..
Schedule P4 Public Parking Lot……………………………………………………………..
Schedule R1 Retail/Resale/Pawnbroker……………………………………………………...
Schedule S1 Salvage Yard…………………………………………………………………...
Schedule S2 Special Sale………………………………………………………………….….
Schedule T1 Tobacconist ……………………………………………………………………
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BY-LAW NO. 395-2004
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B Y - L A W N U M B E R 395-2004
A BY-LAW RESPECTING THE LICENSING AND
REGULATION OF VARIOUS BUSINESSES
Passed the 13th day of December, 2004
WHEREAS, pursuant to the provisions of Part IV of the Municipal Act, the Council of The
Corporation of the City of Windsor may pass by-laws for licensing, regulating and governing
businesses;
AND WHEREAS Section 150 of the Municipal Act allows a municipality to license,
regulate and govern any business wholly or partially carried on within the Municipality, even
if the business is being carried on from a location outside the Municipality;
AND WHEREAS the Council of The Corporation of the City of Windsor has, pursuant to
the provisions of The City of Windsor Act l990, authority to pass by-laws to license any trade,
calling, business or occupation authorized under the provisions of The Municipal Act;
AND WHEREAS sections 150(8)(9)(10) of the Municipal Act, enable municipalities to pass
by-laws for imposing fees to be charged for licensing a class of business;
AND WHEREAS in accordance with Section 150(4)(a) and (b), proper notice of a public
meeting was given, and a public meeting was held at which any persons who attended had an
opportunity to make representation with respect to this By-law;
AND WHEREAS pursuant to Section 150 of the Municipal Act the Council of the
Corporation of the City of Windsor is exercising its licensing powers under this Section,
including imposing conditions, for the following reasons:
(i)
Health and Safety; and/or
(ii) Nuisance Control; and/or
(iii) Consumer Protection
AND WHEREAS, pursuant to Section 150(2) of the Municipal Act, the following businesses 
are licensed for the following rationales:
“ADULT ENTERTAINMENT PARLOUR” for the purposes of protecting the health and
safety of the attendants, to ensure that the business is not a nuisance to the surrounding
properties and neighbourhood, and the consumers protection of those individuals who attend
and partake in services of the parlour.
“AUTOMOBILE SERVICE STATION” for the purpose of consumer protection to ensure
that the work performed is consistent with industry standards.
“BILL DISTRIBUTOR” for the purpose of nuisance control concerning littering and/or
having a negative aesthetic impact on the Municipality.
“CARNIVAL/CIRCUS” for the purpose of health and safety of the public.
“DOOR-TO-DOOR SALESPERSON” for the purpose of ensuring that the business is not a
nuisance and to protect the consumer who is purchasing the products being sold.
“ENTERTAINMENT LOUNGE” for the purpose of nuisance control caused by noise, litter
and other like nuisances to the adjoining property or surrounding lands and health and safety
of patrons concerning occupancy restrictions, building and fire code regulations and crowd
control.
“ESCORT/PERSONAL SERVICE AGENT” for the purpose of health and safety of the
public by performing background checks and protect against persons less than 18 years of
age working in this industry.
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BY-LAW NO. 395-2004
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“FOOD HANDLER” for the purposes of health and safety and ensuring that the food handler
is following all required health regulations, and to ensure that the consumer does not become
ill.
“FOOD STORE” to ensure that regulations are met for the handling and storage of food for
sale to the public.
“HAWKER OR PEDLAR” for the purpose of ensuring that the business is not a nuisance by
hindering vehicles or pedestrian traffic and/or causing a hazard in any way and to protect the
consumer who is purchasing the products being sold.
“MASTER HEATING, VENTILATION, AIR CONDITIONING/ MASTER HEATING
CONTRACTOR” for the purpose of consumer protection to ensure the work that is
performed by the heating master/contractor is up to the industry standards.
“HOLISTIC CENTRE/PRACTITIONER” for the purpose of consumer protection to ensure
the services offered and performed is by qualified and trained professionals.
“HOSPITALITY FOOD/LIQUOR SERVICE” for the purposes of protecting the health and
safety of the customers and to ensure the protection of the consumer.
“LODGING HOUSE” for the purpose of protecting the health and safety of the persons
residing in the house by ensuring that the building code regulations are met, medication is
dispensed correctly and basic human needs are provided. As well as the required essentials
such as plumbing and water are provided, for ensuring that the lodging house does not create
a nuisance to the adjoining property or surrounding lands, and for consumer protection such
that the persons residing in the house know whom to contact in the case of a problem or
emergency with the building.
“LUNCH COUNTER” for the purposes of protecting the health and safety of the customers
and to ensure the protection of the consumer.
“MOBILE SIGN LESSORS” for the purpose of ensuring that the business is not a nuisance
by hindering vehicles or pedestrian traffic and/or causing a hazard in any way.
“MOBILE VENDOR OF FOOD” for the purposes of health and safety and ensuring that the
vendor is following all required health regulations, and to ensure that the consumer does not
become ill, and to ensure that the vendors are not hindering vehicle or pedestrian traffic
and/or causing a hazard in any way and/or having a negative aesthetic impact on the
Municipality which would fall under nuisance control.
“OLD GOLD OR OTHER PRECIOUS METALS DEALERS” for the purpose of consumer
protection by ensuring that stolen jewellery is not being traded.
"PET SHOP" for the purpose of consumer protection to ensure that animals purchased are
not prohibited to Canada or prohibited within the municipality by by-law and are in good
health.
“PLUMBER CONTRACTOR/MASTER PLUMBER” for the purpose of consumer
protection to ensure that the work performed by the master/contractor plumber is up to
standards set forth by the Building Code Act.
“PUBLIC HALL” for the purpose of the health and safety of persons who enter the hall and
to ensure that the business is not a nuisance and the premise complies with Building and Fire
code standards.
“PUBLIC PARKING LOT” for the purpose of consumer protection such that a consumer
will know who to contact in the case of fees charged or difficulties faced by the consumer in
the parking facility.
“RETAIL/RESALE AND PAWNBROKER SHOP” for the purpose of consumer protection
by ensuring that stolen goods are not being traded.
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BY-LAW NO. 395-2004
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“SALVAGE YARD” for the purposes of protecting the consumer purchasing items and to
ensure that the building/yard is safe and healthy for the persons who enter and to ensure that
it is not a public nuisance by having unnecessary debris.
“SPECIAL SALE” for the purpose of protecting the consumer from business operators
misrepresenting special sales offers on goods, wares or merchandise in stock that are being
cleared under certain circumstances.
“TOBACCONIST” for the purpose of health and safety to ensure that tobacco is not sold to
persons eighteen or under.
“TEMPORARY VENDING SITE OPERATOR” for the purpose of ensuring that the
business is not a nuisance by hindering vehicles or pedestrian traffic and/or causing a hazard
in any way and to protect the consumer who is purchasing the products being sold.
THEREFORE the Municipal Council of The Corporation of the City of Windsor enacts as
follows:
SHORT TITLE
BUSINESS LICENSING BY-LAW
Part 1
DEFINITIONS
1.1 In this By-law:
(1)
"Adult Entertainment Parlour" means any premises or part thereof or any ship in or
on which is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or services designed to appeal to erotic or sexual appetites or
inclinations. For the purpose of this clause "ship" means a vessel propelled through
water by any means of power. (substituted B/L 68-2005, March 29, 2005)
When used in relation to adult entertainment parlours, the following shall apply:
a. “Dancer” means any person other than a licensed owner or operator who provides
services designed to appeal to erotic or sexual appetites or inclinations at an adult
entertainment parlour;
b. “Operator” means a person who, alone or with others, operates, manages,
supervises, runs or controls an adult entertainment parlour.
c. “Owner” means a person who, alone or with others has the right to possess or
occupy an adult entertainment parlour or actually does possess or occupy an adult
entertainment parlour and includes a lessee of an adult entertainment parlour or a
premises in which an adult entertainment parlour is located.
d. “Attendant” means any person other than a licensed owner or operator who
provides services designed to appeal to erotic or sexual appetites or inclinations at
an adult entertainment parlour.
e. “To Provide” when used in relation to services includes to furnish, perform,
solicit, or give such services and "providing" and "provision" have corresponding
meanings.
f. “Services” include activities, facilities, performances, exhibitions, viewing and
encounters.
g. “Services designed to appeal to erotic or sexual appetites or inclinations”
includes,
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BY-LAW NO. 395-2004
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(i) services of which a principal feature or characteristic is the nudity or
partial nudity of any person. For the purposes of this clause "partial
nudity" shall mean less than completely and opaquely covered:
• human genitals or human pubic region;
• human buttocks; or,
• female breast below a point immediately above the top of the
areola.
(ii) services in respect of which the word "nude", "naked", "topless",
"bottomless", "sexy" or any other word or any picture, symbol or
representation having like meaning or implication is used in any
advertisement.
(2)
“Apprenticeship and Certification Act” means the Apprenticeship and Certification
Act, 1998, S.O. 1998, c.22 and the Regulations enacted there under as amended from
time to time or any Act and Regulation enacted in substitution therefore.
(3)
“Automobile Service Station” means a building or place where gasoline, oil,
propane, and grease for motor vehicles are stored or kept for sale, or where motor
vehicles are stored, kept for sale or used for hire, or where motor vehicles may be
oiled, greased, or washed or where repairs essential to the actual operation of motor
vehicles are executed or performed or where vehicles are upholstered, painted or
where the vehicle body is repaired.
(4)
“Bankruptcy and Insolvency Act” means the Bankruptcy and Insolvency Act,
R.S.C. 1985, c. B.3 and the Regulations enacted there under as amended from time to
time or any Act and Regulation enacted in substitution therefore.
(5)
“Bill Distributor” means a person who distributes handbills, circulars or other paper
within the City of Windsor advertising a business, trade or occupation.
(6)
“Building Code Act” means Building Code Act 1992, S.O. 1992, c.23 and the
Regulations enacted there under as amended from time to time or any Act and
Regulation enacted in substitution therefore;
(7)
“Business Day” means any day excluding Saturdays, Sundays and statutory holidays.
(8)
“Carnival” means buildings, tents and booths for the purpose of games of skill,
sideshows, refreshments booths and/or mechanical rides for children and adults.
(9)
“Carrying on” when used in relation to any trade, occupation, calling or business,
includes promoting, advertising, soliciting for, or offering goods or services in
connection with such trade, occupation, calling or business.
(10) “Cat” means a carnivorous mammal commonly known as a felids catus.
(11) “Circus” means a variety show usually including feats of physical skill and
performances by jugglers and clowns.
(12) “City” means The Corporation of the City of Windsor.
(13) “City of Windsor Act” means City of Windsor Act, 1990 as amended from time to
time;
(14) “Chief Building Official” means the Executive Director of the Building and
Development Department of the City of Windsor and includes the duly authorized
building inspectors.
(15) “Chief Fire Official” means the Fire Chief of the Fire and Rescue Services
Department or his designate(s);
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BY-LAW NO. 395-2004
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(16) “Chief of Police” means the Chief of Police of Windsor Police Services or his
designate(s).
(17) “Company” means a corporation with share capital.
(18) “Complementary Health Care Organization” means an association, organization
or institution demonstrated to be established for the purpose, and with the continuing
intent, of ensuring safe and proper provisions of one or more kinds of holistic services
through:
(i)
the admission to membership of persons qualified to provide such
holistic services;
(ii)
the promulgation and enforcement of a code of ethics respecting the
provision of such holistic services;
(iii) maintaining, providing and recognizing measurable standards for
practices and procedures in the provision of such holistic services; and
(iv) the communication of information relating to such holistic services.
(19) “Complementary Holistic Massage” means the massaging, kneading, manipulating
touching, or stimulating by any means of a person’s body or part thereof, but does not
include medical services or therapeutic treatment performed or offered by persons
otherwise duly qualified, licensed or registered to do so under the laws of the
Province of Ontario.
(20) “Consumer Protection Act” means the Consumer Protection Act, R.S.O. 1990, c.
C.31 and the Regulations enacted there under as amended from time to time or any
Act and Regulation enacted in substitution therefore.
(21) “Dog” means a carnivorous mammal commonly known as a genus canis.
(22) “Dog Control By-law” means the Dog Control By-law #245-2004 as amended from
time to time, or repealed and replaced by another by-law dealing with dogs.
(23) “Door-to-door salesperson” means a person carrying on or engaging in any trade,
business or occupation who attends at residential property for the purpose of selling,
hiring or offering to sell or hire any goods or services, showing for the purpose of sale
or hire of samples, patterns or specimens of any goods, or for the purpose of the
taking of orders to future delivery of any goods or services, with or without a formal
written contract, where such attendance has not been solicited or requested by the
occupants of such property but this definition shall not include a licensed real estate
agent/broker.
(24) “Driver” means a person who drives a vehicle on a highway.
(25) “Drug” means any drug excluding patent medicines and prescription drugs required
for medicinal purposes.
(26) “Egress” means a continuous path of travel provided for the escape of persons from
any point in a building or contained open space to a separate building, an open public
thoroughfare, or an exterior open space protected from fire exposure from the
building and having access to an open public thoroughfare and includes exits and
access to exits.
(27) “Entertainment Lounge” means a building or structure or part thereof where
patrons are provided with entertainment, in the form of live and/or pre-recorded
music and a dance floor, and may include in combination therewith the sale of
alcoholic beverages to its patrons for consumption therein or within a physically
defined open air sit down area located on the same lot therewith, but does not include
a public hall, hospitality services establishment, adult entertainment parlour, casino or
other establishments that use mechanical or electronic game machines to be used for
the purpose of gambling.
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(28) “Escort” means any person providing personal services for a fee, whether or not the
person is being dispatched or referred by a Personal Service Agent.
(29) “Essex County Humane Society” means the Essex County Humane Society
incorporated by Letters Patent dated the 6th day of September, l949 for the purpose of
providing effective means for the prevention of cruelty to animals and the protection
thereof.
(30) “Exit” means that part of a means of egress, including doorways that lead from the
floor area it serves, to a separate building, an open public thoroughfare, or an exterior
open space protected from fire exposure from the building and having access to an
open public thoroughfare.
(31) “Fire Protection and Prevention Act” means Fire Protection and Prevention Act,
1997, S.O. 1997, c.4 and the Regulations enacted there under as amended from time
to time or any Act and Regulation enacted in substitution therefore;
(32) “Fireworks by-law” means Fireworks by-law #136-2004 as amended from time to
time, or repealed and replaced by another by-law dealing with fireworks.
(33) “Food” means a substance excluding liquor taken into the body to maintain growth.
(34) “Food Handler” means a person certified through a food handling training course
provided by the Windsor-Essex County Health Unit.
(35) “Food Store” means any premises where food or milk is processed, prepared, stored,
handled, displayed, sold or offered for sale, but does not include a private residence
from which food is not sold or offered for sale.
(36) “Formal Course of Education and Training” means any such course involving
teaching, demonstration or supervised practice, offered by, recognized by or
accredited with, a Complementary Health Care Organization as qualifying the
individual, in accordance with the procedures, practices and ethics of such
organization, to provide safe and proper health care service of the kind which is the
subject matter of the area of interest and jurisdiction of the organization and of the
course.
(37) “General Parking Lot” means any parking lot or other parking facility that is not
specifically described in this by-law.
(38) “Hawker or Pedlar” "Hawker" or "Pedlar" includes:
(a) any person who goes from place to place, or to a particular place, with goods,
wares or merchandise for sale, or who carries and displays samples, patterns or
specimens of any goods, wares or merchandise for which orders are taken and that
are to be delivered in the City afterwards; and
(b) any retailer which has an employee or agent who goes from place to place or to a
particular place with goods, wares or merchandise for sale, or who carries and
displays samples, patterns or specimens of any goods, wares or merchandise for
which orders are taken and that are to be delivered in the City afterwards;
(c) but excludes a consumer show open to the public or a trade show open by
invitation or registration only, the primary purposes of which are the display of
goods and products and not the direct sale of them and activities of real estate
agents or brokers.
(39) “Health Insurance Act” means the Health Insurance Act, R.S.O. 1990, c. H.6 and
the Regulations enacted there under as amended from time to time or any Act and
Regulation enacted in substitution therefore.
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(40) “Health Protection and Promotion Act” means Health Protection and Promotion
Act, R.S.O. 1990, c. H.5 and the Regulations enacted there under as amended from
time to time or any Act and Regulation enacted in substitution therefore.
(41) “Heating or Heating Work” means construction, installation, replacement, repair,
alteration or servicing in a building in the City of Windsor of any piping, apparatus,
equipment, appliances, devices, or other type of heating systems, air conditioning
plants, ventilation systems, boilers, and fuel burner units including apparatus,
equipment, and piping for the generation and conveyance of steam for any purpose up
to l5 pounds per square inch. The minimum standards for heating work shall be as
defined in the Ontario Building Code, and all referenced documents therein;
(42) “Heating Contractor” means any person holding itself out to the public as engaged
in or having direct supervision of heating work within the limits of the City of
Windsor.
(43) “Highway Traffic Act” means Highway Traffic Act, R.S.O. 1990, c.H.8 and the
Regulations enacted there under as amended from time to time or any Act and
Regulation enacted in substitution therefore;
(44) “Holiday” includes Sunday, New Year’s Day, Good Friday, Easter Monday,
Christmas Day, the birthday or the day fixed by proclamation of the Governor
General for the celebration of the birthday of the reigning Sovereign, Victoria Day,
Dominion Day, Labour Day, Remembrance Day, and any day appointed by
proclamation of the Governor General or Lieutenant Governor as a public holiday or
for a general fast or thanksgiving, and when any holiday, except Remembrance Day,
falls on a Sunday, the day next following is in lieu thereof a holiday;
(45) “Holistic Centre” means any premises or part thereof or any place that offers
complimentary health care services including but not limited to “complimentary
holistic massage”.
(46) “Holistic Practitioner” means an individual providing health care services who:
i. has successfully completed one or more formal courses of education and
training in the provision of a particular type of complementary health care;
ii. is a member in good standing of a complementary health care organization at
the time of application and remains a member in good standing for the period
for which the license or notice is in force; and
iii.
has demonstrated acceptance and practice of the procedures, practices and
ethics of the complementary health care organization of which the individual
is a member; and
iv. notwithstanding a, b and c includes a holistic center owner where the owner
delivers the holistic services themselves.
(47) “Hospitality Food Service” means a restaurant or takeout restaurant that does not
serve liquor. (substituted B/L 67-2005, March 29, 2005)
(48) “Hospitality Food Service/Ancillary Liquor Service” means a restaurant which
serves both food and liquor but whose food sales monetarily exceed 50% of its gross
sales.
(49) “Hospitality Liquor Service/Ancillary Food Service” means a restaurant which
serves both food and liquor but whose liquor sales monetarily exceed 50% of its gross
sales.
(50) “Hospitality/Mixed Use (Food/Liquor) Service” means a restaurant that is a
Hospitality Food Service/Ancillary Liquor Service establishment from 4:01 o’clock
a.m. to 8:00 o’clock p.m., and is a Hospitality Liquor Service/Ancillary Food Service
establishment at all other times.
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(51) “Income Tax Act” means Income Tax Act, R.S.C. 1985, c. 1 and the Regulations
enacted there under as amended from time to time or any Act and Regulation enacted
in substitution therefore.
(52) “Inspector or Compliance Officer” means police officer, enforcement officer,
provincial offence officer, compliance officer or any other employee whose duties
may include the enforcement of this By-law.
(53) “Keeper” means the owner or operator of a pet shop licensed as such under this by-
law.
(54) “Land Titles Act” means the Land Titles Act, R.S.O. 1990, c.L.5 and the
Regulations enacted there under as amended from time to time or any Act and
Regulation enacted in substitution therefore;
(55) “Licence Commissioner” means the Executive Director of the Licensing and
Enforcement Department and staff of the Licence Commissioner.
(56) “Licensee” means any holder of any licence issued under this by-law.
(57) “Liquor” means spirits, wine and beer or any combination thereof and includes any
alcohol in a form appropriate for human consumption as a beverage, alone or in
combination with any other matter.
(58) “Liquor Licence Act” means Liquor Licence Act, R.S.O. 1990, c. L.19 and the
Regulations enacted there under as amended from time to time or any Act and
Regulation enacted in substitution therefore.
(59) “Local” generally means within the boundaries of the municipality of The City of
Windsor but when in reference to obtaining a police clearance means the municipality
in which applicant normally resides.
(60) “Local retailer” shall mean any individual or business which provides for the selling
or offering for sale of goods or services at a building or structure located within the
City of Windsor which is subject to property tax in the City.
(61) “Lodging House” shall mean and include any house or other building or portion
thereof in which more than three persons are harboured, received or lodged for hire,
with or without meals but does not include a hotel, hospital, nursing home, home for
the young or the aged or institution if the hotel, hospital or institution is licensed,
approved or supervised under any general or special Act.
(62) “Lunch Counter” means a building or structure or part thereof where meals or meal
portions, as an accessory use excluding beverages, are prepared and sold over a
counter for consumption within the building or structure or off the premises.
(substituted B/L 67-2005, March 29, 2005)
(63) “Master Heating Installer or Master Heating, Ventilation, Air Conditioning
(Master HVAC)” means a person who is skilled in the planning superintending and
installation of heating equipment and systems; is familiar with the laws and
regulations governing same; is employed by a person who has a regular place of
business within the Province of Ontario; and who performs or by a provincially
certified journeyman under his direct supervision, performs heating work as defined
herein.
(64) “Medical Officer of Health” means the Medical Officer of Health of the Windsor-
Essex County Health Unit and includes his duly authorized public health inspectors.
(65) “Mobile Sign” means a sign designed to be readily moved from one location to
another and which does not rely on a building or fixed foundation for its structural
support. This definition shall include a manual changing copy sign in which the
letters or numerals conveying the message can be manually rearranged or changed.
This definition includes a t-frame sign, but does not include an a-frame sign.
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(66) “Mobile Sign Lessors” means a person who carries on the business of leasing mobile
signs.
(67) “Mobile Vendor of Food” means a person who sells food from a vehicle, cart,
basket or other container, which is not intended to be stationary and may be moved
from place to place.
(68) “Municipal Act” means Municipal Act, 2001, S.O. 2001, c.25 and the Regulations
enacted there under as amended from time to time or any Act and Regulation enacted
in substitution therefore;
(69) “Municipal Freedom of Information and Protection of Privacy Act” means
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,
c.M.56 and the Regulations enacted there under as amended from time to time or any
Act and Regulation enacted in substitution therefore;
(70) “Municipality” means the municipality of The Corporation of the City of Windsor.
(71) “Newspaper” means a daily or weekly publication on folded sheets; contains news
and articles and advertisements.
(72) “Obtain” means to purchase, receive or take in exchange or pledge
(73) “Old Gold Dealer” means any person who, for hire or gain, purchases or deals in old
gold.
(74) “Old Gold” means gold or any other precious metal, including platinum and silver,
which is not newly minted, and includes old jewelry or similar articles intended to be
smelted, dismantled, sold or exchanged.
(75) “Ontario Building Code” means Ontario Building Code, O. Reg. 403/97 as
amended being regulations made under section 34 of the Building Code Act.
(76) “Parking” means allowing a vehicle to remain stationary on a street or in a parking
lot.
(77) “Parking By-law” means the Parking by-law #9023 being a by-law to regulate
vehicular parking within the limits of the City of Windsor on municipal streets,
municipal parking lots and private properties as amended from time to time, or
repealed and replaced by another by-law dealing with parking.
(78) “Parking Lot” means an area for parking to which the public has access whether on
payment of a fee or otherwise.
(79) “Pawnbroker” means a person who exercises the trade of receiving or taking by way
of pawn or pledge, any goods for the repayment of money lent thereon as defined in
the Pawnbroker Act.
(80) “Pawnbroker Act” means the Pawnbroker Act, R.S.O. 1990, c. P.6 and the
Regulations enacted there under as amended from time to time or any Act and
Regulation enacted in substitution therefore.
(81) “Person” means any individual, company, firm, organization, partnership, body
corporate or politic, and the heirs, executors, administrators or other legal
representatives of a person to whom the context can apply according to law.
(82) “Personal Services” means the offering of dating or escort services where the date or
escort receives remuneration; outcall services where the individual attends at the
private location of the individual requesting short-term companionship or; personal
modelling services provided on an outcall basis; and/or adult entertainment services,
as defined in this by-law, on an outcall basis.
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(83) “Personal Service Agent” means a person providing for the dispatch or referral of
escorts for a fee.
(84) “Pet Shop” means a premise where animals or birds for use as pets are sold or kept
for sale.
(85) “Plumber/Master” or “Master Plumber” means a person who is skilled in the
planning, superintending and installing of plumbing fixtures and systems, who is
familiar with the laws, rules, and regulations governing the same, who has or is
employed as a master plumber by a person who has a regular place of business in
Ontario and who, himself, or by journeymen plumbers under his supervision,
performs plumbing work.
(86) “Plumbing Contractor” means any person holding himself/herself out to the public
as engaged in or having direct supervision of plumbing work within the limits of the
City of Windsor.
(87) “Plumbing Fixture” means as defined in the Building Code Act.
(88) “Plumbing Work” means any work on plumbing as defined in Building Code Act.
(89) “Principal” for the purpose of this bylaw means the most important part.
(90) “Provincial Offences Act” means Provincial Offences Act, R.S.O. 1990, c. M. 56
and the Regulations enacted there under as amended from time to time or any Act and
Regulation enacted in substitution therefore;
(91) “Public Hall” or “Hall” means a building or structure or any part thereof used or
offered for use as a place of public assembly for any purpose, but does not include a
theatre within the meaning of the Theatres Act.
(92) “Public Parking Lot” means the following classes of parking lots or other parking
facilities mentioned in this by-law which are designated as parking lots or other
parking facilities to which the public has access by right or invitation:
(a)
“Business Parking Lot” means any parking lot or other parking facility for
the parking of vehicles of the customers, visitors, patrons, clients, patients or
guests of a business.
(b)
“Commercial Parking Lot” means any parking lot or other parking facility
for the parking of vehicles by the public for any fee, however charged.
(c)
“Employee Parking Lot” means any parking lot or other parking facility for
the exclusive parking of the vehicles of the employees of a business, or the
vehicles of the employees, students or residents of an institution.
(d)
“Residential Parking Lot” means any parking lot or other parking facility
for the exclusive parking of vehicles of the occupiers of a dwelling unit or
complex of dwelling units, and includes that portion of the parking lot or
facility designated as parking for visitors to the dwelling unit or complex.
(e)
“Members’ Parking Lot” means any parking lot or other parking facility for
the exclusive parking of the vehicles of the employees or members of a
church, club or association.
(93) “Refreshment Vehicle Structure” means a refuse container, beverage cooler, tables
and chairs used in conjunction with the operation of a refreshment vehicle. This
includes all objects including cases and containers separate from the refreshment
vehicle used directly or indirectly for the provision of refreshments for consumption
by the public.
(94) “Registered Charitable Organization” shall mean any charity that is registered or is
eligible to be registered with the Federal Government and has a registered charity
number that has been issued.
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(95) “Registry Act” means Registry Act, R.S.O. 1990, c. R.20 and the Regulations
enacted there under as amended from time to time or any Act and Regulation enacted
in substitution therefore.
(96) “Restaurant” means a building or structure or part thereof used primarily for the
preparation and serving of food and beverage to patrons for immediate consumption
therein or within a physically defined open air, sit down eating area located on the
same lot therewith including taverns. As an accessory use, a restaurant may offer
entertainment, exclusive of a dance floor.
(97) “Retail/Resale Shop” means a building or any part thereof used for the purpose of
buying, selling or otherwise dealing in used goods of all kinds excluding scrap or
salvage material or antiques or works of art.
(98) “Salvage Yard” means premises or part thereof used for receiving, storing, or
dealing in scrap or salvage material.
(99) “Sewer Use By-Law” means the Sewer Use By-law #11446 as amended from time
to time, or repealed and replaced by another by-law dealing with sewers.
(100) “Smoking By-law” means the Smoking By-law #11803 as amended from time to
time, or repealed and replaced by another by-law dealing with smoking.
(101) “Special Sale” shall be deemed to mean any sale or intended sale at retail described
by the use of any of the following words or expressions, or any enlargement,
contraction or combination thereof:
bankrupt
moving out
fire
insolvent
selling out
smoke
trustee
lease expiring
water damage
receiver
closing out
creditor
liquidation
discontinuing
forced
or any other similar word or words that represent, hold out or advertise that any
goods, wares or merchandise are to be disposed of in a manner that is not in the
ordinary course of retail business.
(102) “Standing Water By-law” means the Standing Water By-law #127-2003 as
amended from time to time, or repealed and replaced by another by-law dealing with
standing water.
(103) “Take-out Restaurant” means a building, structure or part thereof where food,
prepared on or off the premises, is offered for sale to the public, and where the food is
ordered for delivery or pick-up with consumption of all food occurring off the
premises.
(103) “Tavern” means a restaurant which serves both food and liquor but whose liquor
sales monetarily exceed 50% of its gross sales. As an accessory use, a tavern may
offer entertainment, exclusive of a dance floor.
(104) “Technical Standards and Safety Act” means the Technical Standards and Safety
Act, 2002, S.O. 2000, c.16 and the Regulations enacted there under as amended from
time to time or any Act and Regulation enacted in substitution therefore.
(105) “Theatres Act” means Theatres Act, R.S.O. 1990, c. T. 6 and the Regulations
enacted there under as amended from time to time or any Act and Regulation enacted
in substitution therefore.
(106) “Tobacco Control Act” means the Tobacco Control Act, 1994, S.O. 1994, c. 10
(107) “Tobacconist” means a person who keeps for sale tobacco in any form.
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(108) “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.
(109) “Trades Qualification and Apprenticeship Act” means the Trades and
Qualification and Apprenticeship Act, R.S.O. 1990, c. T.17 and the Regulations
enacted there under as amended from time to time or any Act and Regulation enacted
in substitution therefore.
(110) “Treasurer” means the Treasurer of The Corporation of the City of Windsor.
(111) “Vehicle” means a motor vehicle, trailer, traction engine, farm tractor, road-building
machine, bicycle, cart and any vehicle drawn, propelled or driven by any kind of
power, including muscular power, but does not include a motorized snow vehicle or a
streetcar.
(112) “Veterinarian” a person registered and entitled to practise veterinary science under
the Veterinarians Act as amended.
(113) “Windsor Licensing Commission” means a licensing commission established under
the authority of the City of Windsor Act having the power to license any trade, calling,
business or occupation authorized by a by-law passed pursuant to this or any other
general or special Act.
(114) “Windsor Sign By-law” means Sign By-law #250-2004, as amended from time to
time, or repealed and replaced by another by-law dealing with signs.
(115) “Antique” means any object or article which is at least 50 years old, is in limited
supply, and is no longer made or manufactured in its existing state.
(Added By-law 256-2005, dated Oct. 24, 2005)
(116) “Outdoor Market” means a lot of part thereof, occupied for a temporary period by a
collection of booths, stalls, tents or other physically defined areas, in a outdoor
setting, for the retail sale of goods and/or foodstuffs by tow or more individual
vendors and operated with the approval and consent of a Business Improvement Area
Board of Management.
(Added By-law 147-2007 dated July 30, 2007.)
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Part 2
LICENCES
2.1
No person shall carry on or engage in the following trades, occupations, calling or
business, without first obtaining from the Windsor Licensing Commission the licence
authorizing them so to do, and shall pay at the time of obtaining the said licence the
appropriate fee provided in Schedule 1 to this by-law. Licence renewals are subject to the
renewal and expiration dates as outlined in Appendix “A” of the General Provisions. Any
person who, after the first day of the following months in any year as in Column B,
commences to carry on any trade, occupation, calling or business for which a licence is
required by this by-law and will expire as in Column A, shall obtain a licence for the balance
of the licensing year upon payment of fee equal to one-half the fee set out in Schedule 1,
except those set out in Subsection (6), (7), (8), (l1) and (27):
COLUMN A
COLUMN B
Expiry Date of Licence
Half-Price Fee
January 31
st
October 1
st
February 28
th
(29
th
)
November 1
st
May 31
st
February 1
st
August 31
st
May 1
st
October 31
st
July 1
st
November 30
th
August 1
st
(1)
any person who owns or operates an ADULT ENTERTAINMENT PARLOUR;
(2)
any person who owns or operates a AUTOMOBILE SERVICE STATION;
(3)
any person who carries on the business of a BILL DISTRIBUTOR provided that in
the case of a bill distributor, a licence shall be required whether such person
distributes bills as one carrying on the business of a bill distributor as a separate
business or ancillary to any other business carried on by him and provided that no
such licence shall be required by a person who works only as an employee of a person
licensed;
(4)
any person who presents, operates a CARNIVAL OR CIRCUS, or other like show
usually exhibited by showmen, a roller skating rink or other like place of amusement,
a merry-go-round, switchback railway, carousel, or other like contrivance;
(5)
any person who is a DANCER;
(6)
any person who owns or operates an ENTERTAINMENT LOUNGE;
(7)
Any person who is an ESCORT/PERSONAL SERVICE AGENT;
(8)
any person who is a FOOD HANDLER;
(9)
any person who owns or operates a FOOD STORE;
(10) any person who operates as a HAWKER OR PEDLAR;
(11) any person who performs any HEATING, VENTILATION, AIR CONDITIONING
WORK or engages in the business of occupation of a heating master or contractor;
(12) any person who owns or operates a HOLISTIC CENTRE or any person who is a
HOLISTIC PRACTITIONER;
(13) any person carrying on the business of a HOSPITALITY FOOD SERVICE,
HOSPITALITY FOOD SERVICE/ ANCILLARY LIQUOR
SERVICE;
HOSPITALITY LIQUOR SERVICE/
ANCILLARY
FOOD SERVICE;
HOSPITALITY/MIXED USE (FOOD/ LIQUOR) SERVICE, LUNCH COUNTER;
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(14) any person who owns or operates a LODGING HOUSE;
(15) any person who carries on the business of a MOBILE SIGN LEESOR;
(16) any person who owns or operates a business as a MOBILE VENDOR OF FOOD for
food consumed by the public;
(17) any person who deals in OLD GOLD OR OTHER PRECIOUS METALS or old
jewellery for the purpose of reselling, exchanging or smelting the same and
recovering the gold therefrom;
(18) any person who keeps a PET SHOP where animals kept for sale;
(19) any person who performs PLUMBING WORK or engages in the business or
occupation of a plumber contractor or master plumber;
(20) any person who is the owner of a building or structure or a part thereof used as a
PUBLIC HALL;
(21) any person who is the owner or operator of a PUBLIC PARKING LOT;
(22) any person who is the owner or operator of a RETAIL/RESALE SHOP or carries on
the business of a PAWNBROKER;
(23) any person who is the owner of operator of a SALVAGE YARD;
(24) any person who sells, offers to sell or advertises for sale in any way, any goods, wares
or merchandise by way of SPECIAL SALE;
(25) any person carrying on business of a TOBACCONIST including an automatic
vending machine which sells tobacco.
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Part 3
GENERAL PROVISIONS
3.1 Licensing – powers
The power to license, regulate and govern a business, trade or occupation includes the power,
(1)
to prohibit the carrying on of or engaging in the business without a licence;
(2)
to refuse to grant a licence or to revoke or suspend a license;
(3)
to fix the expiry date for a license;
(4)
to define classes of businesses and to separately license, regulate and govern each
class;
(5)
to impose conditions as a requirement of obtaining, continuing to hold or renewing a
licence, including but not limited to the following conditions:
(a) requiring the payment of licence fees;
(b) restricting the hours of operation of the business;
(c) allowing at any reasonable time, the municipality to inspect places or premises
used for the business and the equipment, vehicles and other personal property
used or kept for hire in the carrying on of the business;
(d) prohibiting places or premises used for the business to be constructed or equipped
so as to hinder the enforcement of the by-law;
(e) requiring the premises of the business, or part of the premises, to be accessible to
persons with disabilities
(6)
to impose special conditions on a business in a class that have not been imposed on
all of the businesses in that class in order to obtain, continue to hold or renew a
licence;
(7)
to impose conditions, including special conditions, as a requirement of continuing to
hold a licence at any time during the term of the licence;
(8)
to licence, regulate or govern the place or premises used for the business and the
persons carrying it on or engaged in it;
(9)
to regulate or govern the equipment, vehicles and other personal property used or kept
for hire in connection with the carrying on of or engaging in the business;
(10) to exempt any business or person from all or any part of the by-law; and
(11) without limiting anything in clauses (a) to (e), to require the payment by a licensed
business of additional fees at any time during the term of the license for costs
incurred by the municipality attributable to the activities of the business.
3.2 Administration - of by-law
City Council hereby appoints a Licence Commissioner for the City whose duty it shall be to
administer this by-law, and to engage such inspectors, clerks and staff as may be necessary to
carry out the administrative functions of this by-law including the enforcement thereof.
3.3 Enforcement – Supervisor of Compliance and Enforcement
The enforcement of this by-law is assigned to members of the Windsor Police Services and
to persons under the supervision of the Supervisor of Compliance and Enforcement for the
City or any Provincial Offences Officer appointed by City Council.
3.4 Part 3 - applies to - all other parts
All of the regulations contained in this Part of this by-law shall apply to all licences required
under the provisions of this by-law.
3.5 Licence - display
(1)
No person holding a licence issued pursuant to this by-law shall fail to:
(a) with respect to premises, display the licence in a conspicuous place in or on the
said premises; or
(b) with respect to a vehicle, display the licence in a conspicuous place in or on the
said vehicle; or
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(c) with respect to an individual, maintain the licence on their person while
conducting the activity for which the licence was issued and when so requested by
an Inspector, as authorized under this by-law, produce his licence for inspection..
3.6 Licence - application
(1)
Applications for all licenses issued under the provisions of this by-law and
applications for the renewal of such licenses:
(a) shall be made to the Licence Commissioner on forms to be provided;
(b) when received by the Licence Commissioner, will be stamped with the date and
time of receipt and processed in the order in which they are received; and
(c) will be processed giving priority to applications for renewal of licenses for a
particular year provided the application for renewal is received by the Licence
Commissioner on or before the last business day of the expiration date as set out
in section 2.1 herein. When a renewal deadline expires on a Saturday, Sunday or
holiday, the act or proceeding may be done or taken on the day next following
that is a business day.
3.7 Licence - application - full information – required
(1)
Every applicant shall provide in full, at the time the application is submitted, all of the
information requested on the application form as well as:
(a) payment of the prescribed licence fee set out in Schedule “1” of this by-law; and
(b) any other document or information as may be required in any other Part of
this by-law.
(2)
No person shall give false or incorrect information for the purpose of obtaining a
licence or certificate.
3.8 Licence - application - subject to approval
Every application will be subject to investigations approvals from such municipal or
provincial departments or agencies as the Licence Commissioner deems necessary, or as
directed by the Windsor Licensing Commission, including but not limited to: Police Services,
Windsor/Essex County Health Unit, Fire and Rescue Services Department, Building and
Development Department, Environmental Services Department and Licensing and
Enforcement Department.
3.9 Contravention - other laws - prohibited
The issuance or renewal of a licence is not intended and shall not be construed as permission
or consent by the City for the holder of the licence to contravene or to fail to observe or
comply with any law of Canada or Ontario or any by-law of the City.
3.10 Revocation - licence - surrendered - voluntarily
The Licence Commissioner may revoke a licence that is voluntarily surrendered by the
holder for revocation.
3.11 Licence - property of City - transfer - prohibited
Every licence, at all times, is owned by and is the property of the City and is valid only in
respect of the person and the premises or of the person named therein and for the nature of
business stated in the licence, and no licence may be sold, purchased, leased, mortgaged,
charged, encumbered, assigned, pledged, transferred, seized, distrained or otherwise dealt
with.
Every metal plate shall be and remain the property of the City and shall be returned to the
City whenever required by the Licence Commissioner
3.12 Information - held by Licence Commissioner - open to inspection
(1)
Any application, comment, recommendation, information, document or thing in the
possession of the Licence Commissioner pursuant to the provisions of this by-law
shall be made available by the Licence Commissioner for an inspection:
(a) by any person employed in the administration or the enforcement of this by-law;
and
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(b) by any other person upon the consent, satisfactory to the Licence Commissioner,
of the person, civic department, board, commission, authority or other agency
which produced or submitted the application, comment, recommendation,
information, document or thing; subject only to the limitations imposed by the
Municipal Freedom of Information and Protection of Privacy Act.
3.13 Inspections - Windsor Police and other designated persons
(1)
Any act or duty to be performed by the Chief of Police under this by-law may be
performed by any police officer authorized by the Chief of Police to do so.
(2)
Any member of Windsor Police Services or any person designated by the Council of
the City to enforce this by-law may, at all reasonable times and upon producing
proper identification, enter and inspect any premises or any part of any premises
licensed under the provisions of this by-law.
(3)
The Licence Commissioner, or his/her representative, is authorized to:
(a) inspect,
(i) those parts of any house, place or premises which may be used for the
carrying on of any trade, calling, business or occupation;
(ii) goods, wares, merchandise, articles, books, records or other documents of
or relating to any trade, calling, business or occupation;
(iii)every vehicle and other personal property used or kept for hire in carrying
on the business;
(b) require that each vehicle and other personal property used or kept for hire in
carrying on the business be submitted for inspection;
(c) ensure that each licensee produce his vehicle for inspection at the time and place
so designated;
3.14 No person - Obstruct - person who enforces
No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a
power or performing a duty under this by-law.
3.15 Records - to be kept - as required
No person shall fail to keep any and all of the records required to be kept by under the
provisions of any section of any Part of this by-law.
3.16 Deficiencies - specified - notice to - applicant
Where any determination is made that any premises or person named in the application does
not receive the approvals required by this by-law, the reasons for the lack of the required
approvals shall be specified, and the Licence Commissioner or designates shall notify the
applicant of all such reasons.
3.17 Licence - not to be issued or renewed - where by-law contravened
No licence shall be issued to any person in respect of any premises in which the carrying on
or operation of the business for which the application is being made is in contravention of
any by-law of the City, or any applicable Provincial or Federal legislation.
3.18 Licence – Fees - term of – expiry
Every person applying for a business licence shall pay at the time of obtaining the said
licence the appropriate fee provided in Schedule 1 to this by-law.
A licence issued under the provisions of this by-law shall be valid only for the period of time
for which it was issued in accordance with expire terms set out in section 2.1 herein and
subject to fees as contained in Schedule 1 to this by-law.
3.19 Licence – administrative fee – licence refused or withdrawn
All business licence fees are non-refundable if the application is refused for any reason or is
withdrawn by the applicant prior to the issuance of a licence.
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3.20 Licence – application deemed expired
Any business licence application that has not received approvals from all municipal or
provincial departments or agencies as the Licence Commissioner deems necessary within 60
days from the date of the filing of the application, because of the applicant’s inability to
comply with the requirements to become licensed, shall be deemed to have expired unless the
application is referred to the Windsor Licensing Commission under section 3.28 of this by-
law.
3.21 Licence – duplicate licence
Where an original licence has been lost or destroyed, the Licence Commissioner, upon
receipt of a police report to that effect furnished by the original holder thereof or by some
person having the authority to act on behalf of the licensee, may issue a duplicate licence to
the licensee upon payment of the fee set out in Schedule 1 to this by-law.
3.22 Licence – notification of change
(1)
Every licensee shall notify the Licence Commissioner within 7 days:
(a) of any change in his business or home address.
(b) sale, transfer or termination of his business;
(c) retirement;
(d) in the situation where the licensee obtained a licence on the basis of the
employee’s certificate, the termination of the employee’s employment.
3.23 Issuance, Renewal – fees – terms of – expiry
(1)
Every person applying for renewal of a business licence shall procure such licence
from the Windsor Licensing Commission in accordance to the deadline schedule
contained in Appendix “A” attached hereto, and shall, at the time of filing the
application for such licence, pay the licence fee shown in Schedule 1 of this by-law,
provided, however, that where a licence is renewed after the deadline, the applicant
shall be liable to pay the licence fee established by this by-law together with the
penalty of 50% over the base fee.
(2)
Notwithstanding clause (1) of this subsection, the term of a dancer licence and escort
licence shall be for a period of twelve months from the date of issuance.
3.24 Issuance, Renewal – Conditions
(1)
Every licence that is issued for the first time, and every renewal thereof, is subject to
the following conditions of obtaining, continuing to hold, and renewing a licence, all
of which shall be performed and observed by the applicant, holder of the licence or by
the operator of the business:
(a) the applicant or licence holder shall pay the applicable licence fee;
(b) the applicant or licence holder shall allow, at any reasonable time, the City to
inspect the places and premises used for the business and the equipment, vehicles
and other personal property used or kept for hire in the carrying out of the
business;
(c) the applicant or licence holder shall ensure that the places or premises used for the
business are not constructed or equipped so as to hinder the enforcement of this
by-law;
(d) the conduct of the applicant or the licence holder affords reasonable cause to
believe that the applicant or license holder will not carry on or engage in the
business in accordance with the law or with honesty and integrity;
(e) the applicant or licence holder, or an individual who is a member of a partnership
that is the holder of the licence, shall be a Canadian citizen or a person lawfully
admitted to Canada for permanent residence and ordinarily resident in Canada or
a person permitted to work in Canada as determined by Citizen and Immigration
Canada;
(f) where the applicant or licence holder is a corporation, or a partnership of which a
member is a corporation, the conduct of its officers or directors or of a
shareholder who owns or controls 10 per cent or more of its issued and
outstanding voting and non-voting shares shall not afford reasonable cause to
believe that the applicant or licence holder will not carry on or engage in the
business in accordance with the law or with honesty and integrity;
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(g) where the applicant or licence holder is a corporation, it shall, within 15 days after
the event, notify the Licence Commissioner in writing where there is a change in
an officer or director of the corporation or where there is a change in the
controlling interest;
(h) the premises in which the business is located shall be in accordance with the
requirements of the Building Code Act and the Regulations there under, the Fire
Protection and Prevention Act, and the Regulations there under, and any by-law
of the City prescribing standards for the maintenance and occupancy of property
within the City;
(i) where premises in which the business is located are altered and a building permit
is required to carry out the alterations, the premises, as altered, shall be in
accordance with the Building Code Act and the Regulations there under, the Fire
Protection and Prevention Act, and the Regulations there under, the Regulations
falling within the jurisdiction of the Medical Officer of Health, and any by-law of
the City prescribing standards for the maintenance and occupancy of property
within the City;
(j) the use of the premises for the purpose of the business is permitted or conforms
with the uses of the premises permitted under the applicable zoning by-law or is a
legal non-conforming use;
(k) the owner or operator shall have a contractual or proprietary interest in the lands
and premises upon which the business is to be operated which will enable the
owner or operator to carry on the business;
(l) the applicant or license holder shall not carry on activities that are in
contravention of this by-law;
(m)the applicant or license holder shall not fail to pay any part of a fine for a
contravention of this bylaw after the fine becomes due and payable under section
66 of the Provincial Offences Act, including any extension of time for payment
ordered under that section;
(n) evidence that their existing photograph is satisfactory;
(o) evidence of their residence address;
(p) insurance requirements, pursuant to the provisions of this by-law, shall be kept in
force by the licensee for the period for which his licence is in effect inclusive of
any renewal thereof. The Licence Commissioner shall, upon receipt of notice that
a policy of insurance is to expire on a stated date, notify the licensee that unless
further proof of insurance is filed on or before that day, a recommendation shall
be made to the Windsor Licensing Commission that the licence be suspended or
revoked.
(q) Every licensee shall be responsible for the act or acts of any of their employees or
any person associated with the licensee in the carrying on of any of the trades,
businesses or occupations authorized by their licence in the same manner and to
the same extent as though such act or acts were done by the licensee.
3.25 Licensing powers – Licence Commissioner – issue or renew
(1)
Upon receipt of an application in the prescribed form for a licence or renewal thereof,
shall make or cause to be made all investigation required by law and if the
investigation disclose any reason to believe that the applicant is not of good character
or that the carrying on of the said trade, calling, business or occupation will be likely
to result in a breach of the law or be in any way adverse to the public interest, the
Licence Commissioner shall recommend to the Windsor Licensing Commission that
it not issue or renew the licence or that it impose conditions on the issuance of a
licence, otherwise, the Licence Commissioner shall recommend to the Windsor
Licensing Commission that it issue or renew the licence.
(2)
Where, in the opinion of the Licence Commissioner, the carrying on of a trade,
calling, business or occupation by a licensee will likely result in a breach of the law
or be adverse to the public interest, the Licence commission shall recommend to the
Windsor Licensing Commission that it suspend, revoke or impose conditions on the
licence.
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(3)
The Licence Commissioner shall sign all licences on behalf of the Windsor Licensing
Commission or his/her signature may be printed or mechanically reproduced upon
such licence.
3.26 Licensing powers - delegation to Windsor Licensing Commission
(1)
A licensing Commission, which shall be known as the Windsor Licensing
Commission, is hereby established for the Corporation of the City of Windsor
pursuant to subsection 3(l) of the City of Windsor Act, l990.
(2)
The Windsor Licensing Commission shall be composed of five members and at least
one member of the Commission shall be a member of Council and all other members
shall be qualified to hold office as a member of Council under provisions of the
Municipal Act.
(3)
Members of the Commission shall be appointed by resolution of the Council for a
term of one year or until their successors are appointed and are eligible for re-
appointment but no member shall hold office beyond the term of the Council that
made the appointment.
(4)
If a vacancy occurs in the membership of the Commission, the Council of the
Corporation shall appoint another person for the unexpired portion of the term.
(5)
The Commission shall elect a chair and a majority of the members constitutes a
quorum.
(6)
The Council of the Corporation may provide for the payment of salaries, expenses or
allowances to the members of the Commission.
(7)
The Commission may license any trade, calling, business or occupation authorized by
by-law of the Council under this or any other Act.
3.27 Referral - Windsor Licensing Commission - by Licence Commissioner
(1)
At any time before the Licence Commissioner either issues or renews a licence, or
recommends to refuse to issue or to refuse to renew a licence, he/she may, or he/she
shall on the request of the applicant, refer the application for such issuance or renewal
of a licence to the Windsor Licensing Commission.
(2)
Where there is a referral to the Windsor Licensing Commission pursuant to this
section, the Windsor Licensing Commission shall hold a hearing for the purpose of
directing the Licence Commissioner to issue or renew the licence, or not to issue or
renew the licence, and the Windsor Licensing Commission, when directing the
Licence Commissioner, may require the imposition of conditions.
3.28 Recommendation - Windsor Licensing Commission – Refuse to issue, refuse to
renew, suspension, place conditions, revocation – notice - hearing request
Where the Licence Commissioner intends to recommend to the Windsor Licensing
Commission that it refuse to issue, refuse to renew, place conditions, revoke or suspend a
licence, he shall give notice of his intended recommendation to the applicant or licence
holder, together with the reason for his intended recommendation, as well as to such other
persons, civic departments, boards, commissions, authorities or agencies as appear to have an
interest in the recommendation.
3.29 Suspension - interim - pending - during meeting
The Licence Commissioner, without holding a hearing, may suspend a licence for not more
than two weeks if the licensee has been convicted of a criminal offence, provided that the
suspension is made within thirty days of the conviction, and notwithstanding that an appeal
has been taken from the conviction;
No suspension of a licence by the Licence Commissioner is effective after the expiration of
two weeks from the date of suspension or after the next meeting of the Windsor Licensing
Commission following the suspension, whichever occurs first.
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3.30 Refusal - suspension - revocation – notice of hearing - content
(1)
Where the Licence Commissioner has recommended to the Windsor Licensing
Commission that a licence not be issued or renewed or that a licence be suspended,
revoked or conditions imposed on the licence, the Licence Commissioner shall refer
the application and his/her reasons for his recommendation to the Windsor Licensing
Commission and shall give the applicant notice, in writing, of such action, said notice
to be served personally or by registered mail to the applicant at the address shown on
the application. The notice of the hearing shall:
(a) contain a reference to section 150 of the Municipal Act, under which the hearing
will be held;
(b) contain a reason or reasons for the proposed refusal, suspension or revocation;
(c) specify the time, place and purpose of the hearing of the Windsor Licensing
Commission at which the proposed refusal, suspension or revocation will be
considered;
(d) inform the affected applicant or the affected holder of the licence that he is
entitled to attend the hearing and make submissions regarding the proposal and
that, in his absence, the Windsor Licensing Commission may proceed to consider
the proposal, and the applicant or affected holder of the licence will not be
entitled to any further notice in the proceeding;
(e) afford the affected applicant or the affected holder of the licence a reasonable
opportunity, before the hearing, to show or achieve compliance with all lawful
requirements for the retention of the licence; and
(f) be given at least 7 days notice prior to the date of the Windsor Licensing
Commission hearing.
3.31 Refusal - suspension - revocation - by Windsor Licensing Commission – hearing
(1)
At the hearing, the Windsor Licensing Commission may suspend, revoke or refuse to
issue any licence under this by-law:
(a) for any reason that would disentitle the holder to a licence if he/she were an
applicant;
(b) where the holder of the licence or applicant is in breach of a condition of the
licence or of this by-law;
(c) if there are reasonable grounds to believe that the statements on the licence
application are false;
(d) if a report is filed subsequent to the date of the issuance of the licence by any
department or agency which provided its approval originally to the issuance of the
licence which indicates that a licensed premises no longer complies with any of
the provisions of this by-law;
(e) upon such grounds as are set out in this by-law;
(f) if the applicant has outstanding fines or penalties owing to the municipality or has
not paid the required licence application fee;
(g) if the conduct or character of the applicant or licensee affords reasonable cause to
believe that the applicant or licensee will not carry on or engage in the business in
accordance with the law or with honesty and integrity;
(h) if the geographic location of the business does not meet land use requirements;
(i) if, in the case of a corporate applicant or licensee, the conduct of its officers,
directors, employees or agents affords reasonable cause to believe that the
business will not be engaged in or carried on in accordance with the law or with
honesty and integrity; or
(j) if issuing a licence is not in the public interest.
3.32 Windsor Licensing Commission - proceedings
(1)
At a hearing, the Windsor Licensing Commission:
(a) shall afford the affected applicant or the holder of the licence an opportunity to
make submissions in respect of the matter that is the subject of the Commission's
proceedings;
(b) shall afford any person, civic department, board, commission, authority or agency
given notice under section 3.8 of this by-law and in attendance at the hearing, or
any other person in the discretion of the Commission, an opportunity to make
submissions in respect of the matter that is the subject of the Commission's
proceedings;
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(c) the hearing shall be open to the public but the Commission may close a portion of
the hearing for the purposes of receiving confidential legal information pertaining
to the affected applicant or licence holder;
(d) the hearing shall be open to the public but the Commission may close all or a
portion of the hearing to the public if the Commission is of the opinion that
intimate financial or personal matters may be disclosed of such a nature, having
regards to the circumstances, that the desirability of avoiding disclosure thereof in
the interests of any person affected or in the public interest, outweighs the
desirability of adhering to the principle that the hearing be open to the public;
(e) shall give due consideration to the submissions made to it;
(f) shall take such action to refuse, suspend or revoke the application or licence, or
not to refuse, suspend or revoke the application or licence, as the Windsor
Licensing Commission considers proper in the circumstances; and
(g) shall give notice of its decision to the Licence Commissioner, to the applicant or
to the licence holder, and to any person, civic department, board, commission,
authority or agency in attendance at the hearing, together with the reasons for its
decision.
3.33 Windsor Licensing Commission - equality of votes - result
Any motion made at the hearing respecting the refusal, suspension or revocation of an
application or licence on which there is an equality of votes shall be deemed to be decided by
the Windsor Licensing Commission against the refusal, suspension or revocation of the
application or licence.
3.34 Votes - equal - deemed in favour of issuance
Any motion made at the Windsor Licensing Commission hearing respecting the issuance or
renewal of the licence on which there is an equality of votes shall be deemed to be decided
by the Commission in favour of the issuance or renewal of the licence.
3.35 Windsor Licensing Commission - decision - immediate effect – notice of decision
(1)
A decision of the Windsor Licensing Commission refusing, suspending or revoking
an application or licence takes effect upon the rendering of such decision by the
Windsor Licensing Commission. No licensee shall operate or carry on the activity for
which the licence was issued while his licence is under suspension.
(2)
The Windsor Licensing Commission shall give its decision to the Licence
Commissioner within seven (7) days of the hearing.
(3)
The Licence Commissioner shall forthwith notify the applicant in writing of such
decision by serving a copy personally or by registered mail to the applicant at his/her
address as shown on his application. Where a notice is sent by registered mail, the
date of service upon the person to whom it is sent will be deemed to be the day next
following the date of mailing.
(4)
The proceedings of the Windsor Licensing Commission shall, at the request of the
applicant and upon payment of a fee determined by the Licence Commissioner, be
transcribed in writing and a copy of the transcript shall be made available to the
applicant on payment of such additional fees as may be determined by the Licence
Commissioner.
(5)
Upon receipt of a notice of the decision of the Windsor Licensing Commission
suspending or revoking a licence, the licensee shall, within twenty-four (24) hours of
service of notice by certified mail or immediately if the notice is personally served,
return the licence to the Licence Commissioner and any plates issued with a reference
to the licence and the Licence Commissioner shall have access to any premises,
vehicles or other property of the licensee for the purpose of receiving or taking the
same. All plates not returned within 24 hours of service of notice will automatically
be deemed invalid.
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(6)
No person shall refuse to deliver the licence and any plates relative to a suspended or
revoked licence to the Licence Commissioner or designate or shall in any way
prevent or hinder the Licence Commissioner or designate from receiving or taking the
same.
(7)
Where a licence is revoked, the licensee is entitled to a refund of a part of the licence
fee proportionate to the unexpired part of the term for which it was granted, such
refund to be prorated on a monthly basis.
3.36 Windsor Licensing Commission – decision – complete licensing
Where the Windsor Licensing Commission renders a decision granting the applicant the
licence applied for, the licence shall be issued upon the applicant complying with the terms
of this by-law and the conditions of the licence, if any, and the applicant shall, within
fourteen (l4) days of the service upon him/her of a copy of the decision of the Windsor
Licensing Commission complete his application.
3.37 Standards - maintained
No person licensed under the provisions of this by-law shall fail to maintain, on a continuous
basis, the standards and requirements that were necessary to obtain the original approval of
the licence application, or have been imposed since the issuance of the licence.
3.38 Offences – convictions and fines
(1)
Every person who contravenes any of the provisions of this by-law, other than those
provisions dealing with adult entertainment parlours, and every director or officer of a
corporation who concurs in the contravention by the corporation, is guilty of an
offence and on conviction is liable to a fine not exceeding $25,000. (substituted
B/L 126-2005, May 16, 2005)
(2)
Every person who contravenes any of the provisions of this by-law relating to the
licensing, regulating and governing of adult entertainment parlours, and every
director or officer of a corporation who concurs in the contravention by the
corporation, is guilty of an offence and on conviction is liable to a fine not exceeding
$25,000 or to imprisonment for a term not exceeding one year, or to both.
(substituted B/L 126-2005, May 16, 2005)
(3)
Where a corporation is convicted of an offence under subsection (1) or (2), the
maximum penalty that may be imposed on the corporation is $50,000 and not as
provided in those subsections. (substituted B/L 126-2005, May 16, 2005)
(4)
Pursuant to Section 440 of the Municipal Act, if any part of a fine for a contravention
of this by-law remains unpaid after the fine becomes due and payable under section
66 of the Provincial Offences Act, including any extension of time for payment
ordered under that section, the City Treasurer or his or her designate may give the
person against whom the fine was imposed written notice specifying the amount of
the fine payable and the final date on which it is payable, which shall be not less than
21 days after the date of the notice. The notice shall be sent by registered mail to be
delivered to that person at the person’s residence or place of business.
(5)
If the fine referred to in subsection (4) herein remains unpaid after the final date on
which it is payable as specified in the notice, the fine shall be deemed to be unpaid
taxes for the purposes of Section 351 of the Municipal Act.
3.39 Other
(1) In this by-law where the time for doing any act or taking any proceeding expires on a
Saturday, Sunday or holiday, the act or proceeding may be done or taken on the day
next following that is a business day.
(2) If a Court of competent jurisdiction should declare any section or a part of a section
of this by-law to be invalid, such section or part of a section shall not be construed as
having persuaded or influenced Council to pass the remainder of the by-law and it is
hereby declared that the remainder of the by-law shall be valid and shall remain in
force.
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(3) This by-law includes the Schedules hereto annexed and Appendix A – Deadline Dates
that are hereby declared to form a part of this by-law.
(4) For the purpose of licensing businesses, trades, callings and occupations in the City of
Windsor this by-law replaces by-law 20-2001 which is hereby repealed on the 31st
day of December 2004.
(5) This by-law shall come into force and take effect on January 1, 2005.
EDDIE FRANCIS, MAYOR
DEPUTY CLERK
First Reading
- December 13, 2004
Second Reading - December 13, 2004
Third Reading
- December 13, 2004
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Appendix “A”
List of Deadline Dates for License Categories
Deadline
Licence Category
January 31
st
Mobile Vendor of Food
February 28
th
(29)
Adult Entertainment Parlour
February 28
th
(29)
Entertainment Lounge
February 28
th
(29)
Lunch Counter
February 28
th
(29)
Hospitality Food Service
February 28
th
(29)
Hospitality Food Service/Ancillary Liquor Service
February 28
th
(29)
Hospitality Liquor Service/Ancillary Food Service
February 28
th
(29)
Hospitality/Mixed Use (Food/Liquor) Service
February 28
th
(29)
Food Store
February 28
th
(29)
Tobacconist
February 28
th
(29)
Personal Service Agent
February 28
th
(29)
Public Hall
May 31
st
Bill Distributor
May 31
st
Building Renovator
May 31
st
Hawker or Pedlar
May 31
st
Heating – Contractor
Heating – Master HVAC
May 31
st
Plumbing – Contractor
Plumbing – Master
August 31
st
Taxicab - vehicle
Taxicab – driver
August 31
st
Livery – Vehicle
Livery – Driver
October 31
st
Automobile Service Station
October 31
st
Adult Videotape Store
October 31
st
Bed and Breakfast and Guest House Establishments
October 31
st
Lodging Homes
October 31
st
Mobile Sign Lessor
October 31
st
Old Gold Dealer
October 31
st
Pawnbroker
October 31
st
Public Parking Lot
October 31
st
Retail/Resale
November 30
th
Pet Shop
November 30
th
Salvage Yard
November 30
th
Reserve for Tattoo and Scarification class if created.
November 30
th
Towing
November 30
th
Holistic Centres
November 30
th
Holistic Practitioners
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Schedule A1 To By-law No. 395-2004
ADULT ENTERTAINMENT PARLOURS
1. For the purposes of this schedule, a licence applied for by or issued to a dancer shall be
referred to as a “dancer licence,” and such persons shall comply with all provisions of
this Schedule applicable to attendants, except where otherwise specifically provided.
2. Application requirements.
(1) On every application by an individual person for an owner’s, operator’s or attendant’s
licence or for the renewal thereof, the applicant shall attend in person and not by an
agent at the office of the Licence Commissioner and shall complete the forms
provided and shall furnish to the Licence Commissioner such information as the
Licence Commissioner may direct.
(2) In the case of an adult entertainment parlour owned or operated by a partnership,
the attendance required under Subsection 2(1) of this section shall be by one of the
partners, and in the case of an adult entertainment parlour owned or operated by a
corporation, such attendance shall be by an officer of the corporation.
(3) Every applicant for an owner’s licence shall, at the time of making his or her
application, file with the Licence Commissioner a list showing the names of all
operators and attendants providing services in his or her adult entertainment parlour
and all such persons intended or expected by him or her to be employed or to provide
services in his or her adult entertainment parlour and shall thereafter maintain a list
showing at all times the names of all operators and attendants providing services in
his or her adult entertainment parlour; and such owner shall, upon a request made to
him or her by the Licence Commissioner, any Inspector or Compliance Officer,
produce the list, brought up to date as of the time of the request, by such officer.
(4) On every application for an owner’s, operator’s or attendant’s licence by an
individual or by a corporation, the applicant shall state:
(a) If the applicant is an individual, the date of birth; and
(b) If the applicant is a corporation, the date of birth of every shareholder or other
person having a beneficial interest of any kind in the shares of the corporate
applicant or in any of the corporations referred to in Section 3 of this article.
(5) Every applicant referred to in this section, and every shareholder, partner or other
person referred to in this section, shall file with or produce to the Licence
Commissioner proof of his or her age by producing 2 pieces of government of Canada
or government of Ontario issued identification or one piece of foreign government
issued identification and Canadian government authorized working papers with at
lease one piece containing photo identification and birth date. The Licence
Commissioner shall not issue a licence unless satisfied that every such person is of
the full age of 18 years.
3. Application for licence by corporations.
(1) Every corporation applying for an owner’s or operator’s licence shall file with the
Licence Commissioner at the time of its application a certified or Notarial copy of its
letters of incorporation or other incorporating document, together with an annual
return in a form supplied by the Licence Commissioner, which annual return shall
contain a list of all the shareholders of the corporation.
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(2) Where the shares in a corporation applying for an owner’s or operator’s licence are
held in whole or in part by another corporation, the corporation so applying shall file
with the Licence Commissioner an annual return in a form supplied by the Licence
Commissioner, which annual return shall contain a list of all of its shareholders; and
if such annual return discloses that the shares in such other corporation are in turn
held in whole or in part by a third corporation, then the said applicant shall also file
such an annual return in respect of such third corporation listing its shareholders, and
so on until the names of all living persons are shown and identified as the
shareholders of any and all corporations having an interest, direct or indirect, in the
shares of the applicant corporation.
(3) All annual returns required by Subsection (2) of this section shall be filed with the
Licence Commissioner at the same time as the filing of the application for the licence.
(4) Every owner or operator which is a corporation shall, in every year, on or before the
time at which it applies for the renewal of its licence, file with the Licence
Commissioner an annual return on a form supplied by the Licence Commissioner.
(5) Where a corporation is the holder of an owner’s or operator’s licence or licences, the
corporation shall forthwith notify the Licence Commissioner in writing of all
transfers of existing shares and of the issue of any existing or new shares of the
capital stock of the corporation, and of any such transaction involving the shares of
any corporation referred to in Subsection (2).
(6) Where, as a result of the transfer of existing shares or by the issue of new shares of a
corporation, the Licence Commissioner has reasonable grounds to believe that the
corporation may not be entitled to the continuation of its licence in accordance with
this Schedule, the Windsor Licensing Commission may determine whether the
licence or licences should be revoked or have conditions placed on it.
(7) Where the controlling interest in a corporation holding one or more owner’s or
operator’s licences is sold, transferred or acquired, such licence or licences shall be
terminated forthwith, and the Licence Commissioner may issue a new licence or new
licences upon payment of the prescribed fee. The Windsor Licensing Commission
may refuse to issue a new licence or licences if it determines that it is not in the public
interest so to do.
(8) Where the shares of a corporate owner or operator are held in whole or in part by
another corporation, such other corporation shall file with the Licence Commissioner
at the same time as the owner or operator an annual return as provided in Subsection
(4) of this section; and if the shares in such other corporation are in turn held in whole
or in part by a third corporation, then such third corporation shall likewise file such an
annual return in respect of such third corporation and so on until the names of all
living persons are shown and identified as the shareholders of any and all
corporations having an interest, direct or indirect, in the corporate owner or operator.
(9) For the purpose of this section, “shareholder” and any words referring to the holding
of shares includes all persons having a beneficial interest of any kind in the shares of
the corporation.
4. Application for licence by partnerships.
(1) Persons associated in a partnership applying for an owner’s or operator’s licence shall
file with its application to the Licence Commissioner a declaration in writing signed
by all members of the partnership, which declaration shall state:
(a) The full name of every partner and the address of his or her ordinary
residence;
(b) The name or names under which they carry on or intend to carry on business;
(c) That the persons therein named are the only members of the partnership; and
(d) The mailing address for the partnership.
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(2) If any member of a partnership applying for a licence is a corporation, such
corporation shall be deemed to be a corporation applying for an owner’s or operator’s
licence; and if such licence is issued to the partnership, such corporation shall, for the
purposes of the said section, be deemed to be a corporation which holds an owner’s or
operator’s licence.
(3) It shall be the duty of every member of a partnership to advise the Licence
Commissioner immediately in writing of any change in the membership of the
partnership and of any other change in any of the particulars relating to the
partnership or its business which are required to be filed with the Licence
Commissioner.
(4) Where, by reason of any change in the membership of a partnership, the Licence
Commissioner has reasonable grounds to believe that the partnership is not entitled to
the continuation of its licence in accordance with this Schedule, the Windsor
Licensing Commission may, in its discretion, determine whether the licence or
licences should be revoked or terminated and whether or not a new licence should
issue to the partnership as newly constituted.
5. Declaration to be filed when name of business indicates plurality of members.
(1) Every person applying for an owner’s, operator’s or attendant’s licence who carries
on or intends to carry on his or her business in or relating to an adult entertainment
parlour under a name or designation other than his or her own name or under his or
her own name with the addition of the expression “and company” or some other
expression indicating a plurality of members in the firm shall, at the time of the
making of his or her application, file with the Licence Commissioner a declaration,
which declaration shall state:
(a) His of her full name and the address of his or her ordinary residence;
(b) Any name or designation under which he or she carries on or intends to carry
on business, and the date when the name or designation was first used by him
or her;
(c) That no other person is associated with him or her in partnership;
(d) The date of his or her birth; and
(e) The mailing address for his or her business.
(2) A person to whom this section relates shall notify the Licence Commissioner
immediately of any change in any of the particulars required to be filed with the
Licence Commissioner under Subsection (1) of this section.
6. Legal name to be used in application; use of other name or designation.
(a) Every owner, operator or attendant applying for a licence must use his or her
own legal name in making such application, and subject to Subsection (c) of
this section, no such licence shall be issued to any person in any name other
than his or her own legal name.
(b) No owner, operator or attendant shall carry on business under any name or
designation other than his or her own, unless he or she has filed with the
Licence Commissioner a notice of his or her intention to use such name or
designation, and no person shall use any name or designation in respect of an
adult entertainment parlour or of any trade, business or occupation carried on
therein without first notifying the Licence Commissioner of such name or
designation intended to be used and having such name endorsed upon his or
her licence in accordance with Subsection C of this section.
(c) Every owner, operator or attendant intending to use some name or designation
other than his or her own may, at the time of the issue of his or her licence, or
at the time at which he or she files with the Licence Commissioner notice of
intention to use such name or designation, have endorsed on his or her licence
such name or designation.
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7. Every application for an owner’s or operator’s licence shall be submitted by the Licence
Commissioner to the Medical Officer of Health and to Windsor Police Services and may
also be referred to any other government official for a report; and where any such report
is negative or unfavourable to the applicant, the applicant shall be furnished with a copy
of such report and shall have the right to appear before the Windsor Licensing
Commission for a hearing to determine whether or not the application should be granted
notwithstanding such report.
8 Licensing requirements of owners and operators.
(1) No owner or operator may open for business unless its owner is licensed as such
under this Schedule.
(2) Documentation concerning ownership of property.
(a) Every person applying for an owner’s licence shall file with the Licence
Commissioner documentation satisfactory to the Licence Commissioner
demonstrating the applicant’s right to possess or occupy the premises used by
him or her as an adult entertainment parlour; and if such person is not the
registered owner or owner in fee simple of the property upon which the adult
entertainment parlour is located, such person shall file with the Licence
Commissioner at the same time a copy of his or her lease, if any, and of any
other document constituting or affecting the legal relationship between the
said applicant and the said registered owner or owner in fee simple of the real
property.
(b) For the purpose of this subsection, “registered owner” means the owner
registered on title in the local Land Registry Office.
(3) A separate owner’s licence shall be taken out in respect of each adult entertainment
parlour.
(4) Where an owner does not personally operate his or her adult entertainment parlour,
every person operating such adult entertainment parlour shall obtain a licence so to
do, but nothing herein relieves such an owner from the requirement that he or she
obtain a licence as owner of such adult entertainment parlour.
(5) An owner or operator may, subject to the provisions of this Schedule, if his or her
licence as an owner or operator is so endorsed by the Licence Commissioner, perform
the services of an attendant in the adult entertainment parlour of which he or she is
the owner or operator.
(6) An owner who operates his or her own adult entertainment parlour shall notify the
Licence Commissioner of this fact at the time he or she obtains his or her licence, and
his or her licence may be endorsed accordingly upon payment of the appropriate
licence fee, and he or she shall notify the Licence Commissioner and have the said
endorsement amended before engaging any operator to operate his or her adult
entertainment parlour.
9. Regulations concerning owners and operators.
(1) No owner of an adult entertainment parlour or premises shall permit any person other
than a licensed operator to operate such adult entertainment parlour.
(2) No owner or operator shall permit the provision of services upon or at his or her adult
entertainment parlour or pursuant to the operation by him or her of an adult
entertainment parlour by any person other than a licensed attendant or other person
licensed or authorized by or under this Schedule so to do.
(3) No owner shall permit any person, other than an employee of such owner or a person
with whom the owner has contracted, to operate his or her adult entertainment parlour
or to provide services in his or her adult entertainment parlour.
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(4) No attendant or other person shall provide services in any adult entertainment parlour
unless the owner of the said adult entertainment parlour and the operator, if any, is
duly licensed as owner or operator respectively under this schedule.
(5) No operator not being the owner of an adult entertainment parlour shall operate the
said adult entertainment parlour unless the owner of the said adult entertainment
parlour is duly licensed as owner under this Schedule.
1.
(6) No operator may operate an adult entertainment parlour unless he or she first notifies
the Licence Commissioner of the name of the owner whose adult entertainment
parlour he or she intends to operate and has endorsed upon his or her licence the said
owner’s name accordingly, and every operator before operating any other adult
entertainment parlour shall notify the Licence Commissioner of his or her intention so
to do and have his or her licence endorsed accordingly.
10. A copy of every written contract of service, contract for services or other document
constituting or pertaining to the relationship between owner and operator of an adult
entertainment parlour or between owner or operator and an attendant providing services
at an adult entertainment parlour shall be filed with the Licence Commissioner, and the
original of any such document shall be made available for inspection at any time by the
Licence Commissioner upon request, and shall be retained by the owner or operator for a
period of six months after its termination.
11. Every owner, operator or attendant who changes his or her address shall, within two days
after such change, attend at the office of the Licence Commissioner and notify the
Licence Commissioner of such change of address and produce his or her licence for the
change to be entered thereon.
12. Sale, lease or other disposition of adult entertainment parlour.
(1) No owner’s licence shall be transferred, and if an owner sells, leases or otherwise
disposes of his or her adult entertainment parlour or the premises or part thereof upon
or in which an adult entertainment parlour is operated to any person, his or her licence
in respect of such adult entertainment parlour or premises shall, notwithstanding any
other provision of this Schedule, terminate.
(2) Subject to Subsections (4) and (5) hereof, the Windsor Licensing Commission may in
its discretion issue a new owner’s licence to the purchaser, lessee or other person
obtaining an interest in an adult entertainment parlour or the premises or part thereof
upon or in which an adult entertainment parlour has been operated subject also to the
following conditions:
(a) That the new applicant qualify under all of the other provisions of this
Schedule, and that he or she comply with all of the requirements of this
Schedule relating to him or her;
(b) That the new applicant file with the Licence Commissioner the documents
relating to ownership and to his or her right to possess or occupy the adult
entertainment parlour, all as required by section 8 of this Schedule;
(c) That the applicant and the vendor file with the Licence Commissioner an
executed copy of a written agreement between the parties containing all the
details of the dealings between the parties in respect of such adult
entertainment parlour or premises.
(3) Any person making false or intentionally misleading recital of fact, statement or
representation in any such agreement or declaration required by Subsection (2) hereof
shall be in violation of the provisions of this Schedule.
(4) Notwithstanding Subsections (1) and (2) hereof, the Windsor Licensing Commission
may in its discretion refuse to issue a licence or licences to a purchaser, lessee or
other person obtaining an interest in an adult entertainment parlour in a transaction
under this section when the Windsor Licensing Commission is of the opinion that it is
not in the public interest, that such new licence or licences should be issued, and the
Windsor Licensing Commission shall, upon demand from any party to the
transaction, deliver written reasons for such decision.
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(5) Upon the sale, lease or other disposition of an adult entertainment parlour, every
operator’s licence issued in respect of such adult entertainment parlour shall
terminate, and the Licence Commissioner may, subject to the provisions of this
Schedule, permit the purchaser, lessee or other person obtaining an interest in such
adult entertainment parlour to operate the adult entertainment parlour by an
endorsement to that effect upon an owner’s licence issued to him or her or may issue
a new operator’s licence to any person previously licensed as an operator in respect of
such adult entertainment parlour.
13. No person shall use or permit to be used any premises or part thereof used as an adult
entertainment parlour to be used as a dwelling or for sleeping purposes.
14. Bookkeeping requirements; itemized bill; receipt.
(1) Every owner who operates an adult entertainment parlour business and every operator
thereof shall keep proper records and books of account of all business transacted in,
by or in respect of the adult entertainment parlour operated by him or her. The name
and licence number of every attendant providing services in the said adult
entertainment parlour, including the date of commencement and the date of
termination of such services.
(2) Every owner to whom Subsection (1) relates and every operator shall keep such
books and records as are required by that subsection for at least one year after the
information required by that subsection is entered therein, and the Licence
Commissioner shall at all times have access to such records.
15. Regulations for operation of adult entertainment parlours.
(1) Every owner who operates an adult entertainment parlour and every operator of an
adult entertainment parlour shall, in the operation of the adult entertainment parlour,
comply with, and ensure compliance with, the following regulations:
(a) The premises shall be provided with adequate light and ventilation.
(b) The premises and all fixtures and equipment therein shall be regularly washed
and kept in a sanitary condition.
(c) The premises shall be equipped with an effective utility sink.
(d) Adequate toilet and washroom accommodation shall be provided, and there
shall be separate such rooms for males and females.
(e) Washrooms shall be equipped with:
i. An adequate supply of hot and cold water;
ii. An adequate supply of liquid soap in a suitable container or dispenser;
iii. Hot air dryers or individual clean towels for the use of each person
using the washing facilities; and
iv. A suitable receptacle for used towels and waste material.
(f) No washroom, toilet, sink or basin used for domestic purposes shall be used in
connection with an adult entertainment parlour.
(g) In all shower-bath rooms, if any, and in all sauna-bath rooms, if any:
i. The floors shall be disinfected at least once a week with a disinfecting
solution approved by the Medical Officer of Health;
ii. All surfaces and attached accessories of the bath or shower enclosure
must be self-draining;
iii. All showers must have removable cleanable drain covers; and
iv. Floor surfaces both within and without the enclosures shall be of a
non-slip type.
(h) Common foot baths shall not be provided on the premises.
(i) Duck-boards or cocoa matting shall not be used in the shower, bath or steam
room, and only liquid or powdered soap shall be used in the shower room.
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16. No owner or operator shall permit any services to be given, performed, provided or
received in any adult entertainment parlour in breach of any of the regulations contained
in this Schedule.
17. Signs and advertising.
(1) Every owner and operator shall display the Adult Entertainment Parlour licence in a c
onspicuous place in or on the said premises.
(2) No person other than a licensed owner or operator may use the phrase “licensed,”
“Windsor-licensed,” or any words indicating the provision of the services at an adult
entertainment parlour in pursuance of or in connection with any business, trade, or
occupation carried on in an adult entertainment parlour in the City of Windsor unless
the owner of the premises and every person operating such business and every
attendant engaged in providing services at such premises has been duly licensed so to
do by the Licence Commissioner.
(3) No owner or operator of an adult entertainment parlour shall place or permit to be
placed any sign, or any other advertising devise on any premises occupied by an adult
entertainment parlour, save and except a sign or any other advertising device
containing the words "Adult Entertainment Parlour", and the name under which the
business is operated provided such name does not include any of the following words:
"Nude", "naked", "topless", "bottomless", "sexy", "lap dancing" or any other word or
any picture, symbol or representation having like meaning or implication.
(4) All advertising must comply with the requirements of the Windsor Sign By-law.
18. List of services and fees.
(1) Every operator of an adult entertainment parlour and every owner who operates his or
her own adult entertainment parlour shall file with the Licence Commissioner a copy
of a list of all services provided at the said adult entertainment parlour and of the
respective fees charged for services including admission fees and any other payment
charged in respect of entry to the adult entertainment parlour, and, if any charge be
based on a computation of time, the hourly rate shall be shown on such lists.
(2) No operator, owner or attendant shall charge, demand, ask for or require, or permit to
be charged, demanded, asked for or required for any services, provided at an adult
entertainment parlour any amount other than that set out in a list filed with the
Licence Commissioner, or amendments thereto also filed with the Licence
Commissioner.
(3) No operator, owner or attendant shall provide services at or in respect of an adult
entertainment parlour other than those permitted by endorsement by the Licence
Commissioner on the licence of the owner of the adult entertainment parlour all as
described on a list filed with the Licence Commissioner, or amendments thereto also
filed with the Licence Commissioner.
(4) Every owner and every operator shall post a copy of the list of services and fees
referred to in this section in a conspicuous place in the interior of the adult
entertainment parlour owned or operated by them plainly visible to any person upon
entering the said premises.
19. Every owner, operator and attendant providing services at an adult entertainment parlour,
or in attendance at an adult entertainment parlour in pursuance of a trade, business or
occupation carried on by the owner or operator of such adult entertainment parlour, shall,
upon a request made to him or her by any Inspector or Compliance Officer, Medical
Officer of Health, or public health inspector acting under the direction of the Medical
Officer of Health, provide his or her name and residential address, and if he or she is
licensed under this Schedule in respect of any trade, business or occupation relating to
such adult entertainment parlour, he or she shall produce his or her said