Adult Entertainment · 6 min read · Last updated
An adult film theatre in Hamilton is licensed under Schedule 1 of By-law 07-170, and it is unusual in one specific way: the licence does not stand on its own. You also have to hold a Class B adult video store licence, as a separate licence, in addition to the theatre licence. Council approval is required before any new theatre licence can be issued, and only where one is available.
The City of Hamilton lists this under its “Establishments” category: “By-law 07-170, Schedule 1. Please see By-law for DEFINITION, REQUIREMENTS and RESTRICTIONS. COUNCIL APPROVAL REQUIRED FOR ANY NEW LICENCE (if available). MUST HOLD CLASS B ADULT VIDEO STORE LICENCE AS A SEPARATE LICENCE IN ADDITION TO ADULT FILM THEATRE LICENCE.”
Who needs this licence?
The rule that shapes this application is the pairing requirement. You must hold a Class B adult video store licence as a separate licence, in addition to the adult film theatre licence. Two licences, two sets of fees, one venue. If you are budgeting for a theatre, budget for both.
Council approval is required for any new licence, and only where one is available. As with the other Schedule 1 licences, that means the outcome is not determined by the completeness of your file alone.
The applicant must attend in person with government-issued photo identification, and must provide a Criminal Records and Judicial Matters Check from the police service board in their city of residence, dated within 36 days of the application. Third party clearances are not accepted.
What documents do you need?
The checklist is the standard Schedule 1 set: the completed application form, a business registration, corporate profile or master business licence dated within one year, a Zoning Verification Certificate, a Criminal Records and Judicial Matters Check, and a scaled premise plan.
The business registration date limit is there so the City is looking at the entity as it exists now. The police check window is much tighter at 36 days, and the by-law is explicit that third party clearances will not be accepted, so use the police service board where you live.
The premise plan is drawn to scale and has to depict, among other things, parking areas, queuing areas, walkways, smoking areas, patios, seating areas, offices, cloak rooms, dance areas, disc jockey areas, kitchen facilities, bar areas, washrooms, storage areas and entrances and exits. For a theatre, the queuing and seating detail is what the parking inspection will be read against.
Because the Class B adult video store licence is required alongside this one, expect to satisfy that licence's own checklist too rather than assuming the theatre file covers both.
Zoning and premises requirements
A Zoning Verification Certificate is required, confirming that the address is zoned for the use. It attaches to the property, so it is the first thing to resolve when you are looking at a building.
Where the same category of business was previously licensed at the address within one year, a Zoning Addendum may be completed instead of the full certificate. That route is worth asking about if you are taking over a venue that was recently licensed in the same category.
The scaled premise plan sits beside the zoning check rather than replacing it. Zoning verification says the use is permitted at the address; the plan shows how the theatre is laid out, from queuing and seating areas through to washrooms, storage and every entrance and exit.
Inspections and approvals
Only one inspection is listed for this licence: a parking inspection. It is arranged after the application has been received, not before you file.
The parking inspection checks the parking serving the site against what is required for it, which is why the premise plan has to show parking areas, queuing areas and walkways accurately. A theatre that empties an audience onto the street at once is exactly the situation this inspection is concerned with.
The single inspection makes this a lighter file than the adult services entertainment establishment owner licence, which also requires fire and health inspections. That difference is about what this licensing checklist asks for, and it says nothing about the other regulations that apply to your building.
How much does it cost?
A new application carries a processing fee, the licence fee, and the parking inspection fee. The processing fee and the inspection fee are charged with HST; the licence fee is not.
Zoning verification, or the addendum where you qualify, is added on top and is not subject to HST. The fee schedule shows totals both with and without it, so you can see what the zoning step costs you.
Because a Class B adult video store licence is required in addition to this one, your real cost of opening is the theatre licence plus that second licence, each with its own fees. Ask for both to be quoted together so nothing surprises you at the counter.
At renewal the only charge listed is the licence fee. A licence allowed to lapse carries a reinstatement fee with HST. All amounts are set in the City's fee schedule and confirmed when you apply.
How to apply
Confirm two things first: that the zoning at your address permits the use, and how Council approval works for a new licence in this class, since new licences are only issued where one is available.
Prepare the file next. Complete the application form, obtain a current business registration or corporate profile, and have the premise plan drawn to scale. Order the Criminal Records and Judicial Matters Check last so it is still within 36 days when you file.
Apply in person with government-issued photo identification. Deal with the Class B adult video store licence at the same time so the two licences are aligned from the start rather than one lagging behind the other.
After the application is received, the City arranges the parking inspection.
Renewals and staying compliant
Renewal must be done in person with government-issued photo identification. Declarations A and B both have to be completed.
The renewal charge listed for this licence is the licence fee. Your Class B adult video store licence renews on its own terms and with its own fee, so diarise both dates together and treat them as one annual task.
If you let a licence expire, reinstating it costs a reinstatement fee with HST on top. Amounts come from the City's fee schedule and are confirmed at the time you renew.
Quick quiz: test what you learned
Three questions, all answered in this guide. Click an answer to check it.
1. What second licence must an adult film theatre in Hamilton hold?
Schedule 1 states the theatre must hold a Class B adult video store licence as a separate licence in addition to the adult film theatre licence.
2. Which inspection does the adult film theatre checklist require?
The only inspection listed for this licence is the parking inspection, and it is arranged after the application has been received.
3. How current must the business registration or corporate profile be?
The checklist requires a valid business registration, corporate profile or master business licence dated within one year of the application; the 36-day limit applies to the police check.
Skip the paperwork
Tell Permits2Go about your business and it assembles the licence application for you — document checklists, e-signatures and a guided workspace for Hamilton, with more cities on the way.
This guide is general information, not legal or professional advice. Licensing requirements, by-laws and fees change and vary by municipality — always confirm the current rules with the City before you apply.