Hamilton : Règlement no 07-170, art. 1(a) — Licensing By-law (Short-Term Rentals)

services of which a principal feature or characteristic is the nudity, or partial nudity of any person;

• (b) 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; or
• (c) activities, facilities, performances, dances, exhibitions, viewings and encounters in an adult services entertainment establishment; but does not (18-212) include burlesque entertainment. “attendant ” means any person who provides adult services in an adult services entertainment establishment; (18-212) ”burlesque entertainment ” means a type of variety show or performance, including comic or musical sketches that may be both provocative and comedic, and that may feature minimum consuming, sexually related dialog, witty remarks and dancing for the purpose of entertainment, ridicule, satire and humor, rather than the sexual Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx arousal of its audience. “business owner ” means a person who owns or occupies or has the right to own or occupy, an adult services entertainment establishment and includes but is not limited to a lessee of an adult services entertainment establishment or of the premises in which the adult services entertainment establishment is located; “main stage ” means the primary area within an adult services entertainment establishment upon which services are presented, and excludes areas for the seating of customers; “operator ” means a person who operates, manages, supervises, controls or is responsible for the business of an adult services entertainment establishment; “to provide ” when used in relation to adult services includes to furnish, perform, solicit, or give such services and “providing” and “provision” have corresponding meanings; Adult Film Store and Adult Film Theatre “adult film ” means a film classified by the Ontario Film Review Board as “restricted” and approved by the Ontario Film Review Board as an “adult sex film”; “adult film area ” means the part of a Class B adult film store used for the provision of adult films; “adult film store ” means a Class A adult film store or a Class B adult film store; “adult film theatre ” means premises for which a Class B Exhibitor licence has been issued under the Film Classification Act, 2005 or its regulations; “Class A adult film store ” means:
• (a) premises for which a Class B Retailer licence has been issued under the Film Classification Act, 2005 or its regulations;
• (b) premises where:
• (i) the number of adult films available from the premises exceeds 500; or
• (ii) the number of adult films available from the premises is more than 20% of the films available from the premises which are not adult films; and
• (c) does not include a Class B adult film store; Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx “Class B adult film store ” means:
• (a) premises for which a Class B Retailer licence has been issued under the Film Classification Act, 2005 or its regulations;
• (b) premises where:
• (i) the number of adult films available from the premises does not exceed 500; and
• (ii) the number of adult films available from the premises is not more than 20% of the films available from the premises which are not adult films; and
• (c) does not include premises where the area displaying adult films is no more than 5% or 9.3 m, whichever is less, of the total area displaying films on the premises; “film ” means a moving image, including an interactive moving image such as a video game, that may be generated for viewing from any thing including but not limited to video tapes, video discs, film or electronic files. “to provide ” when used in relation to adult films includes to sell, offer to sell or display for sale, or rental, or sample gift, by retail or otherwise such adult films, and “providing” and “provision” have corresponding meanings; “specified body area ” means any one or more of the following:
• (a) in the case of a female person, her areolas; and
• (b) in the case of all persons, the genitals and the anus; and “specified sexual activity ” means any one or more of the following: actual or simulated sexual intercourse, masturbation, ejaculation, sodomy, bestiality, oral sexual intercourse, direct physical stimulation of unclothed genital organs, or flagellation or torture in the context of a sexual relationship or activity. Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx PART II: LICENCES Adult Entertainment Establishment