Markham By-law 2018-90, s. 1 — DEFINITIONS

DEFINITIONS:

• " Adult Entertainment Parlour (Goods )" means any Premises or part thereof in whi ch is provided, in pursuance of a trade, calling, Business or occupation, goods de sign ed to appeal to erotic or sexual appetites or inclinations; " Adult Videotape " means any videotape, the container or contents of which are de sign ed or held out as de sign e d to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one or more Persons involved or engaged in specified sexual activ ities as defined by this By - law. "Adult videotape":
• also includes, in the absence of evidence to the contrary, a videotape classified by the Ontario Film Review Board as "restricted" and required to be characterized with the added information piece "adult sex film";
• " Class ‘A ’ Adult Entertainment Parlour (Goods )" means an Adult Entertainment Parlour (Goods ) in which the principal Business is the provision of goods or in respect of which advertisements refer to "adult", "X - rated", "XXX" or similar descript ion in reference to the goods provided in the Premises;
• " Class ‘B ’ Adult Entertainment Parlour (Goods )" means an Adult Entertainment Parlour (Goods ) in which the portion of the floor area devoted to the sale of goods to the public is less than 10% of the total area devoted to the sale of all merchandise within the Business Premises;
• " Goods " includes, but is not limited to, Magazines, books, pictures, slides, films, videotapes or adult videotapes, phonograph records, pre-recorded magnetic tapes, compact discs, digital video discs, novelties, devices or tools, the container or contents of which are designed or held out as designed to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction, subject matter distinguished or characterized by the portrayal of one or more Persons involved or engaging in specified sexual activities or by an emphasis on specified human body areas;
• " Operator " includes a Person who, alone or with others, owns, operates or controls the trade, calling, Business or occupation carried on at an Adult Entertainment Parlour (Goods ) and includes a Person who is the tenant or License e s in respect of Premises which are utilized as an Adult Entertainment Parlour (Goods );
• " Sign " includes any Sign as defined pursuant to City By-law No. 2002-94 (as amended or successor legislation thereto);
• " Specific Human Body Areas " means the genitals and the anus;
• " Specific Sexual Activities " means any of the following:
• actual or simulated sexual intercourse, ejaculation, sodomy, including anal intercourse, oral sexual intercourse or direct physical stimulation of unclothed genital organs;
• " to Provide " when used in relation to goods includes to Sell, offer to Sell or offer for sale, by Retail or otherwise such goods and "providing" and "provision" have corresponding meanings. When used in the context of adult videotapes, " to Provide " also includes to rent, license, lease, exchange or trade By-law 2018-90 such goods, and to offer to do any of same, whether or not consideration is effected by cost of membership, subscription or price of admittance, or any other basis;
• " Videotape means cinematographic film, videotape, video disc, computer diskette, or any other medium capable of producing visual images that may be viewed as moving pictures.