Motion to Resind Adult Entertainment Licence for 2847 Lake Shore Blvd. W.

January 13, 2009

NOTICE OF MOTION

Motion to rescind the Adult Entertainment Licence for Restaurant operating at 2847 Lake Shore Blvd West (Ward 6, Etobicoke-Lakeshore)
Moved by:	Councillor Grimes
Seconded by:	Councillor Saundercook

SUMMARY:

 In May 2008, the owner of 2847 Lake Shore Boulevard West was issued a new Adult Entertainment Parlour license.

Public outcry arose from the local community, culminating in the community seeking legal advice on the issuing of the licence, which appeared to have been issued in error and against the best interest of the residents.

The business had nonconforming use the current zoning bylaws for operation of a restaurant with entertainment use. At the time the application was made to the city for the adult entertainment the zoning had been amended to include a restriction on the operation of Adult Entertainment Parlours in proximity to residential neighbourhoods. Specifically

‘Restaurants whose operations or business include features or attractions other than those necessarily ancillary to the preparation and dispensing of food, including, without limiting the generality of the foregoing, dancing areas, live bands, disc jockeys, entertainment areas, floor shows and adult entertainment and bar restaurants, shall be subject to the following restrictions:

(1) Such restaurants and bar restaurants or the lands required for parking or access thereto shall be situated not closer than ninety (90) metres from a property zoned residential.’

As this was a new application for an ancillary use, and as each ancillary use is listed separately and distinctly in the zoning code, it should be treated as a application for a new use and therefore have to conform to the existing codes at the time of the new application.

The adult entertainment parlour is less than 90 metres from a property zoned residential. The applicant did not meet the required distance, and therefore the licence was issued in error and should now be rescinded.

RECOMMENDATIONS:

 1. The Executive Director, Municipal Licensing and Standards, be directed to rescind the operating licence for the adult entertainment Parlour located at 2847 Lake Shore Boulevard West.

2. That the City Manager be authorized to retain outside legal assistance on this matter at his discretion, if required.

Date: January 13, 2009

According to Chapter 27, Council Procedures:

Fiscal Impact Statement provided
Should have Fiscal Impact Statement prior to debate Requires two-thirds to waive requirement if Council wishes to debate	*
Should be referred to Committee/Community Council Requires two‑thirds vote to consider at this meeting
Motion Recommendations are Urgent – (e.g. Health and Safety)

* Deputy City Manager and Chief Financial Officer to advise.

Members should discuss their Motions with appropriate City staff to ensure the correct information is included.

Motions Without Notice:

According to Chapter 27, Council Procedures:

Fiscal Impact Statement provided
Should have Fiscal Impact Statement prior to debate Requires two-thirds to waive requirement if Council wishes to debate	*
Should be referred to the Committee/Community Council Requires two‑thirds vote to consider at this meeting
City Clerk, in consultation with the Chair, agrees that the Motion Recommendations are Urgent – (e.g. Health and Safety)

* Deputy City Manager and Chief Financial Officer to advise.