Markham : Règlement no 2018-90, art. 2(a) — Licensing and Regulation of Stationary Businesses By-law

No Person may be an Owner or Operator of a body-rub parlour or be an Attendant or provide any body-rub in a body-rub parlour except in compliance with the following regulations:

No Person may provide any Services designed to appeal to erotic or sexual appetites in a body-rub parlour except in accordance with the provisions of City of Markham Adult Entertainment Parlour By-law

No. 2002-287 (as amended or successor legislation thereto);

• (b) No Person may provide body-rubs in a body-rub parlour to any Person under the age of eighteen years and no Person under the age of eighteen years may be allowed to enter or remain in any part of a body-rub parlour;
• (c) Each Owner or Operator shall ensure that there is posted in a prominent location at the entrance to the body-rub parlour a Sign indicating that no Person under the age of eighteen years may enter or remain in such Premises; By-law 2018-90
• (d) No Owner or Operator may permit any employee or Person under contract to work at a body-rub parlour unless such Person is at least 18 years of age and such Person has been instructed with regard to the regulations of this By-law and complies with these regulations;
• (e) No Owner or Operator may permit a body-rub parlour to be open for Business unless the Owner or Operator who is designated to be on duty by the Owner is in attendance in Person;
• (i) Every Owner must designate one Operator to be on duty during the time the Owner is not in attendance;
• (f) With the exception of patent medicines and prescription Drugs required for medicinal purposes, no Person may take, consume or have alcohol or Drugs in their possession in a body-rub parlour;
• (g) No Owner or Operator may permit any Person who appears to be intoxicated by alcohol or a Drug to enter or remain in a body-rub parlour;
• (h) No Person may advertise or promote a body-rub parlour or the provision of body-rubs at a body-rub parlour except in accordance with the provisions of this By-law respecting " Signs and Advertisements";
• (i) No Owner or Operator may permit a body-rub parlour to open or to remain open for Business except in compliance with the provisions of this Schedule respecting "Hours of Operation";
• (j) No Person may own or operate a body-rub parlour except in compliance with the provisions of this By-law respecting "Locational Restrictions and Limitations on Number";
• (k) No Person may own or operate a body-rub parlour except in compliance with the provision of this By-law respecting "Design of Premises ";
• (l) Every Owner and Operator designated to be on duty by the Owner shall keep their license certificate issued in respect of a body-rub parlour posted in a conspicuous place in the said Premises in a manner satisfactory to the Licensing Officer at all times during the currency of the license;
• (m) No Owner or Operator may permit any Attendant to Provide body- rubs at a body-rub parlour unless such Attendant is licensed pursuant to the provisions of this By-law and their license has not expired, been revoked or suspended;
• (n) No Attendant may provide a body-rub at a body-rub parlour unless there is in attendance at the Premises a licensed body-rub parlour

Owner or Operator who does not provide body-rubs;

• (o) An Owner shall enter into a written contract for Services between every Operator and every Attendant at a body-rub parlour and such contracts shall be made available to a Licensing Officer upon request for inspection at any time during Business hours of the body-rub parlour and during all times when body-rubs are provided, and shall be retained by an Owner or Operator for a period of six months after the termination or completion of such contract; By-law 2018-90
• (q) Every Attendant at a Body Rub Parlour shall be clothed in a manner such that each such Person’s pubic and genital area, and in the case of a woman, her breasts are fully covered by opaque material.
• (r) No Owner, or Operator may use or permit to be used any camera or other photographic or recording device at a body-rub parlour by any Person.

Notwithstanding the foregoing, a public health inspector acting under the direction of the Medical Officer of Health the Licensing Officer, a peace officer or a By-law Enforcement Officer may use a camera or other photographic or recording device at a body-rub parlour during the course of an inspection or investigation thereof. In addition, an Officer or an Operator may maintain a photographic device in the entrance lobby of the Premises for security purposes;

• (s) Every Owner shall post and maintain in the lobby or entrance of the Body Rub Parlour, in a manner that is satisfactory to the Licensing Officer, a Sign which provides as follows: “This Premises is licensed as a Body Rub Parlour by the City of Markham. The By-law regulating this Premises makes it an offence for any Person to Provide Services in a body-rub parlour that are designed to appeal to erotic or sexual appetites.”;
• (t) No Attendant shall provide or offer to Provide Services to any Person

unless such Person’s pubic and genital area, and buttocks and, in the case of a woman, her breasts, are completely and opaquely covered;

• (u) No Owner or Operator shall permit any Attendant to Provide or offer to Provide Services to any Person unless such Person’s pubic and genital area, and buttocks and, in the case of a woman, her breasts, are completely and opaquely covered;
• (v) Every body-rub parlour Owner and Operator shall ensure that no Services are provided at the body-rub parlour other than in accordance with the requirements of this By-law;
• (w) No Person shall provide Services in a body-rub parlour unless the Owner of the body rub parlour holds a body-rub parlour Licence, which has not expired, been revoked or suspended;
• (x) No Person shall be an Operator of a body-rub parlour unless the Owner of the body- rub parlour holds a body-rub parlour Licence, which has not expired, been revoked or suspended;
• (y) Every Attendant shall ensure the window provided to permit the observation of body-rubs by third parties remains unobstructed; and
• (z) No Person, while acting as an Owner or Operator, shall perform any body-rub Services.