we are actually asking for massage parlours to be open 24 hrs. permenantly.... and bars...like in europe...at the business owners discretion.
city council passed a first of it's kind in our city's history motion directing all departments to identify where they may be engaged with sex industry businesses and workers and to develop plans to ensure stability and fair treatment....
we are being included in discussions around this and if any one remembers we (BCCEC/CAEC/WCCSIP) tried to instigate by-law reforms about 2 years ago. now finally as a result of this motion it will finally be underway. we are asking for an inclusive process where ALL stakeholders are included in creating by laws that support protection and make licensing more accessible and less expensive.
24 hrs massage parlours was one of our requests....
3. Steam Bath/Massage Parlor By-laws: 4782, 6038, 6646
Licensing Fees
Current fees: New license: $272, Renewal: $222
Proposed BCCEW/C Revision
We request that the fees be lowered to bring them in line with fees required of other similar businesses (e.g. hair salon: New license: $254, Renewal: $204).
Sub-section (a)
No person owning, keeping, maintaining, or operating any bath, steam bath or massage parlor shall allow or permit any person of the male sex to act therein as an attendant or employee in respect of any person customer or patron of the female sex; or allow or permit any person of the female sex to act as an attendant or employee in respect of any person, customer or patron of the male sex; nor shall any person owning, keeping, maintaining or operating bath, steam bath or massage parlor attend, treat or serve any person, customer or patron thereof of the opposite sex.
Proposed BCCEW/C Revision
We ask that this section be removed as it is obsolete. Today, male and female masseuses routinely massage clients of the opposite sex.
Sub-section (b)
Every person owning, keeping, maintaining or operating and bath, steam bath or massage parlor shall provide and keep therein a written and legible record in journal form of all person’s using the facilities of said bath steam bath or massage parlor to record his or her name and address together with the date and time of registration in such register;
Proposed BCCEW/C Revision
We request that these records be considered confidential unless proof of a threat to the life and/or safety of an individual is provided.
Sub-section (c)
No person owning, keeping, maintaining or operating a steam bath shall allow persons of the opposite sex to occupy the same room or adjoining rooms with an inter-communicating door or which have doors opening into a common steam room. Provided, however, that a person may maintain a steam bath a family room intended to be occupied and occupied by members of the same family, if such a room is closed off from the rest of the steam bath by a door.
Proposed BCCEW/C Revision
This section is obsolete and does not in any way reflect current business practices. It is also open to misuse by individuals who may feel a need to disrupt a business of which they do not approve.
Sub-section (d)
Every person owning, keeping, maintaining or operating a bath, steam bath or massage parlor shall ensure that the interior of the premises is at all times during business hours illuminated to a minimum of ten foot candles in every part thereof.
Proposed BCCEW/C Revision
This section should be revised to reflect current codes and language.
4. Health Enhancement Centre By-laws 6830, 7052
Sub-section (a)
The Inspector shall not issue a license for a health enhancement centre unless satisfied that the applicant for the license or an officer of the applicant demonstrates a knowledge and understanding of the art and practice of reflexology, Shiatsu, bio-kinesiology, hellework, polarity, reiki, rolfing, the trager approach, or any other therapeutic technique, and the Inspector may in that regard require the applicant or officer to take and pass an examination.
Proposed BCCEW/C Revision
While some services licensed under these by-laws do have the ability to require that staff enroll in training that leads to certification, due to the criminalized nature of sex work, sex workers do not have an option to acquire certification. At the same time, this is the business license that sex workers would most prefer to operate under (as long as no additional restrictions or increased enforcement occurs). Given this, the Coalition requests that the City consult with the community to develop an approach that addresses the issue of demonstrated knowledge/experience..
Sub-section (b)
All persons carrying on the business of a health enhancement centre shall ensure that all persons hired to administer a therapeutic touch technique are qualified in that respect and have not been convicted of an offence under sections 212 or 213 of the criminal code.
Proposed BCCEW/C Revision
This section prevents sex workers, including even those who have exited from the trade, from gaining access to employment in these types of businesses. It presents yet another example of how the most vulnerable sex workers are shamed and cast out of the larger community. We ask that this section be removed.
Sub-section (d)
No person carrying on the business of a health enhancement centre shall remain open or administer therapeutic touch technique between the hours of 12.00 midnight and 8 am.
Proposed BCCEW/C Revision
In the interests of supporting a safer trade, we ask that these hours be expanded so that those businesses who wish to can remain open on a 24 hour basis. Expanded hours could provide more opportunities for workers to find jobs in safer environments while diminishing the visible and unsafe street-level trade which dramatically increases after midnight as inside venues are forced to close. Such a change could also address community concerns around the visible side effects of the street trade.
Sub-section (e)
No person carrying on the business of a health enhancement center shall allow any employee or person on the premises to engage in or offer to engage in an act of prostitution.
Proposed BCCEW/C Revision
We ask that this section be removed. While making assumptions about the employees of these businesses, it makes room for such disastrous actions as the recent raids on “health enhancement centers” where police, armed with cameras, stormed into and, ultimately, closed some of these businesses further diminishing the number of safer indoor job opportunities for sex workers.
5. Body Rub Parlor/ Body Painting Studio/ Model Studio
Current License Fees: New license: $8454 Renewal: $8494
Proposed BCCEW/C Revision
These fees are extremely high. When the costs of renting space are factored in, the potential cost to business becomes completely outrageous. The Coalition requests that these fees be set at the same level as those set for other similar businesses (e.g. Health Enhancement Centers: New license-$255, Renewal: $205.)
Sub-section (a)
Every applicant for a license to operate a body rub parlor, body painting studio or model studio shall supply the Chief Constable and the Inspector with the name, address and sex of all persons employed by the applicant
Proposed BCCEW/C Revision
We request the removal of this section. We believe that it smacks of outdated notions of public morality prevalent in the early 1900’s. Additionally, the requirement to provide information on the basis of gender may be discriminatory. We ask again that a provision be made for proof of threat to life or safety before access to this information is granted.
Sub-sections (d)
(d) All rooms used for a body rub parlor, body painting studio or nude photography shall comply with the following;
• shall not be smaller then 2.4 meters by 2.4 meters
• shall not be equipped with any locking device other than a door providing an entrance there to,
• shall not have any means by which any person may view the interior thereof
• shall be equipped with lighting of at least 50 candle power which shall remain on when the door is closed.
Proposed BCCEW/C Revision
Section (d) provides the closest thing, in a business sense, to a private space where two consenting adults could engage in the legal exchange of sex for money. We request that this be the business license supported as the “license of choice” when the City issues business licenses and occupancy permits to these types of businesses.
Sub-sections (e)
No person carrying on the business of operating a body rub parlor, body painting studio or model studio shall permit any person to enter or remain thereon between the hours of 12.00 midnight and 8 am
Proposed BCCEW/C Revision
In the interests of supporting a safer trade and increasing employment for sex workers, we ask that these hours be expanded so that those businesses who wish to can remain open on a 24 hour basis.
Sub-sections (f)
No person carrying on the business of a body rub shall permit any person engaged in providing a body rub in the licensed premises to perform the same unless the person is wearing clean, washable non-transparent outer garments covering his or her body from the neck to the top of the knee, the sleeves of which do not reach below the elbows
Proposed BCCEW/C Revision
The Coalition sees no need for a dress code in this business and requests the removal of this excessive and invasive section. The section makes businesses and workers vulnerable to malicious persecution and can be used to shut down a business for what amounts to no reason at all.
Sub-sections (g)
No body rub parlor proprietor shall exhibit himself or herself nor permit other persons to exhibit themselves, in any window on or about the licensed premises or exhibit or permit to be exhibited any sign outside of the premises showing any nude male or female body, or any part thereof, nor any printed words that might indicate the licensed premises is a place that offers any form of nude or sexual entertainment.
Proposed BCCEW/C Revision
The Coalition notes that virtually every business in the corporate world publicly uses sexualized images, including images of partially and/or unclothed models of both sexes, in their advertising campaigns. We question why the sex trade industry should be treated any differently with respect to regulation. The following revision provides the City with protection from the more extreme visual display possibilities that could potentially draw public concern or censure. In as far as determining what is considered acceptable, we request that these issues be examined on a case by case basis in partnership with the Coalition. Revise as follows:
No body rub parlor proprietor shall exhibit themselves nor permit other persons to exhibit themselves, in any window on or about the licensed premises or permit to be exhibited any nude male or female body or exposed male or female genitals or breasts nor use crude or offensive printed language to describe the services offered inside.
Sub-sections (h)
No person carrying on the business of a body rub parlor shall practice or provide or permit the practice or provision therein of a therapeutic touch technique or advertise in any way that a therapeutic touch technique is available or being practiced on the premises.
Proposed BCCEW/C Revision
We note that supporting this definition as the “license of choice” provides a clear definition between therapeutic massage and “body rub” parlor thereby eliminating the confusion that arises around these two terms and allowing consumers clear options as far as legal and safe ways to access the industry.
