Massaging the details: City works on body rub shop regulation - Regina Leader-Post

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Regina's priorities and planning committee will discuss proposed amendments to the city's massage parlour regulations at a meeting Wednesday.

A slow shutter speed was used to capture the lights of the Oriental Spa on the 1800 block Broad Street in Regina. Adult massage parlours, also known as body rub parlours. are under review in Regina. TROY FLEECE / Regina Leader-Post


Since Regina city council voted to regulate the city’s massage parlours through licensing and zoning changes instead of banning them outright, city administration has been fine tuning the proposed regulatory framework.

City council agreed the new regulations should focus on harm reductions for workers, operators and their clients, minimize “community nuisances” and protect the integrity of residential neighbourhoods. Details will be discussed Wednesday at a meeting of the priorities and planning committee.

A report for that meeting includes additional proposed amendments to the city’s zoning bylaw and options for where massage parlours — or what the city calls body rub establishments — may be allowed in the city. Here are some of the details:

Approved recommendations


City council has already approved a number of regulatory changes including distinguishing between massage parlours and therapeutic massage services offered by an accredited member of a professional body. Administration has recommended the term “body rub establishments” instead of massage parlours, to avoid confusion between the two.

The city also approved a recommendation to allow massage parlours only in industrial and major arterial commercial (MAC) zones (or the equivalent in the new zoning bylaw) as a discretionary land use, and to impose a one-block separation distance between massage parlours and schools, churches, daycares and other massage parlours.

The city estimates there are approximately 20 massage parlours operating in the city, most of them in MAC zones.

Proposed amendments


The proposed amendments to the Zoning Bylaw expand on the already approved recommendations.

Administration is recommending more comprehensive separation distances than were initially proposed so that they fall in line with separation distances for cannabis stores.

“Given that both cannabis stores and massage parlours are similarly sensitive land uses in nature, Administration recommends that they have equivalent separation distances,” says the report.

Massage parlours would have to be at least one block from schools, parks, day care centres, enclosed rinks, public libraries, public community centres and other massage parlours, instead of just schools, churches, daycares and other massage parlours.

This amendment includes a grandfathering provision for existing massage parlours that do not meet separation distances from other existing massage parlours but are otherwise compliant with the regulations. The city expects there are currently two massage parlours that would qualify for the exemption.

The amendments define massage parlours and therapeutic massage services as Service Trade, Adult and Service Trade, Clinic, respectively, as well as identify in which zones massage parlours will be allowed.

The mixed high-rise zone (MH) in the new bylaw will replace the zoning of most properties now slated as major arterial commercial (MAC) zones, where most massage parlours are currently operating.

The amendments allow massage parlours in the MH zone as a discretionary land use — meaning, they would have to get special approval from the city in order to operate there.

There are two equivalent industrial zones in the new bylaw, the industrial light zone (IL) and the industrial heavy zone (IH). The amendments would allow massage parlous in both of these zones, also as a discretionary use.

By council’s request, administration has also come up with two other zoning options: restricting massage parlours to industrial zones as a permitted land use, or allowing massage parlours in industrial as a permitted use and MAC zones as a discretionary use.

Administration’s recommended option would allow massage parlours as a discretionary use in MH, IL and IH zones.

Financial implications


City administration pegs the annual cost of the program at $310,000, according to the report.

Initial expenses include the transition and implementation of the new licensing and zoning regulatory framework in 2020, including education and outreach to existing massage parlours. Ongoing costs in 2021 relate to personnel costs for zoning approvals and enforcement, licensing and Regina Police Service (RPS) support for criminal record, property ownership and business ownership checks.

Additional expenses for training of massage parlour practitioners may also come up in partnership with a community organization through an annual grant.

“From a cost recovery perspective, the city is allowed to set licensing and zoning fees to recover the full or partial cost of providing the services or to achieve other policy goals,” states the report.

Administration is currently reviewing its user fee framework to ensure that all services are at appropriate cost recovery levels. A formal policy regarding charges and fees is expected to go to council in early 2021.

Related

Proposed enforcement strategy


Once the new zoning regulations take effect, administration recommends an enforcement approach that first focuses on achieving voluntary compliance.

It is estimated that a six-month period would allow for the licensing bylaw regulations to be developed and approved by council, a period of education and outreach to existing massage parlours to give them an opportunity to voluntarily comply with the new regulations and the “disposal of non-compliant properties” by owners through real estate transactions or lease terminations.

Administration says one of the major benefits to this approach is that the enforcement burden and costs will decrease significantly if existing parlours have the chance to comply voluntarily and fewer operations have to be shut down involuntarily.

The city’s development officer will work with the police to identify suspected massage parlour owners and educate them on the new rules and the steps needed to comply with them. Once the licensing framework is in place, city officials will work with police to fully enforce it.

Changes to residential businesses


Administration is also recommending that a requirement previously removed from the zoning bylaw for residential businesses be added back in.

The new bylaw does not require that a person live at the home where the residential business is located, nor does it restrict employees from being hired to run the business.

Restoring these requirements would not affect massage parlours because they cannot operate in residential areas, but would affect therapeutic massage and other residential businesses.

“This requirement ensures that unoccupied homes are not operating as businesses in residential areas,” says the report.

Administration’s report will be forwarded to the Dec. 16 city council meeting for further discussion and approval. A final version of the regulatory framework is expected in March of 2020.

jackerman@postmedia.com

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