Markham By-law 2018-90, s. 16(b) — Licensing and Regulation of Stationary Businesses By-law

Subject to subsections

• (d) and
• (e) hereof, the Licensing Officer may in his discretion issue a new Owner’s Licence to the purchaser, lessee or other Person obtaining an interest in an Adult Entertainment Parlour or the or part thereof upon or in which an Adult Entertainment Parlour has been operated subject also to the following Conditions : By-law 2018-90
• (i) That the new Applicant qualifies under all of the other provisions of this By-law, and that he complies with all of the requirements of this By-law relating to him;
• (ii) That the new Applicant file with the Licensing Officer the documents relating to ownership and to his right to possess or occupy the Adult Entertainment Parlour, all as required by this By-law;
• (iii) That the Applicant and the vendor file with the Licensing Officer 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; and
• (iv) That the agreement contain a statutory declaration, in a form supplied by the Licensing Officer, by both parties and a further statutory declaration by the solicitor for the purchaser in a form supplied by the Licensing Officer.
• (c) The making of a false or intentionally misleading recital of fact, statement or representation in any such agreement or statutory declaration required by this by-law hereof shall be deemed a violation of the provisions of this By-law;
• (d) Notwithstanding subsections
• (a) and
• (b) hereof, the Licensing Officer may in his 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 Licensing Officer is of the opinion that it is not in the public interest, as determined by the Licensing Officer, that such new Licence or Licences should be issued; and
• (e) 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 Licensing Officer may, subject to the provisions of this By-law, 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 may issue a new Operator's Licence to any Person previously Licensed as an Operator in respect of such Adult Entertainment Parlour.