THE CORPORATION OF THE CITY OF BURLINGTON

BY-LAW NUMBER 169 - 1993

A By-law for Regulating Adult Magazines
and to repeal By-laws 40-1993 and 114-1986

File No:   110-04-1

THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON
HEREBY ENACTS AS FOLLOWS:

1.
For the purposes of this section of By-law, the following definitions apply:

(1)
"Adult Magazine" means any magazine designed 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 engaging in specified sexual activities, or by an emphasis on the display of human specified body areas.

(2)
"Operator" means any person who provides, in any premises or part thereof, in pursuance to a trade, calling, business, or occupation, adult magazines, or who operates any premises or part thereof in which such magazines are so provided.

(3)
"To provide", when used in relation to any magazine, means to sell, offer to sell, or display for sale by retail or otherwise such magazine, and provider, providing and provision have corresponding meanings.

(4)
"Specified body areas" means any one or more of the following:

(i)
in the case of a female person, any portion of the nipple or areolae of the female breast; and
(ii)
in the case of all persons, the anus, cleft of the buttocks, penis, vulva, gentials, genital hair.

(5)
"Specified sexual activities" means one or more of the following: actual or simulated intercourse, ejaculation, sodomy, anal intercourse, oral sexual intercourse, direct physical stimulation of unclothed genital organs.

2.
Every operator who provides adult magazines in any premises or part thereof or who operates such premises or part thereof, shall comply with the following regulations in respect of such premises or part thereof:

(i)
no adul tmagazine shall be displayed at a height of less than 1.5 m above floor level unless such magazine is in a part of the premises to which the public is not permitted physical access or such magazine is behind a sales counter unexposed from view;

(ii)
all adult magazines offered for sale or displayed in such premises or part thereof shall be placed behind an opaque barrier of a size and nature which shall ensure that the cover of every such magazine, while being so displayed, except for the name thereof, may not be seen by any member of the public; and

(iii)
no adult magazine shall be offered for sale, sold, given, rented, or exchanged to persons who are not at least eighteen (18) years of age.

3.
Class "A" adult entertainment/video tape parlours licensed under the provisions of Adult Video By-law 39-1993, as amended, are exempt from the provisions of sections 2(i) and (ii) of this By-law.

4.
(i)
Any premises to which any person under the age of eighteen years is not permitted to enter or remain shall not be subject to section 2(i) and (ii) of this By-law.

(ii)
Every operator who provides adult magazines and restricts access to the premises to persons eighteen (18) years of age or older shall keep posted at every entrace to such premises and in a prominent location inside such premises, signs sufficient to indicate clearly to any person approaching or entering the premises and to every person in the premises that no person under the age of eighteen (18) years is permitted to enter or remain in such premises or part thereof.

(iii)
Every operator who provides adult magazines and restricts access to persons eighteen (18) years of age or older shall ensure that no adult magazines are displayed in such a fashion as to be visible to any person outside the premises.

5.
(i)
Every person who contravenes any provision of this By-Law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine, exclusive of costs, not exceeding $5,000.00.

(ii)
Where a corporation is convicted by an offence under this By-Law, the maximum penalty, exclusive of costs, that may be imposed on the corporation is $5,000.00.

6.
By-laws 114-1986 and 40-1993 are hereby repealed.


ENACTED AND PASSED this 13th day of December, 1993.


__(signed)__   MAYOR            

__(signed)__   CITY CLERK