Adult Entertainment · 6 min read · Last updated
Hamilton splits adult video stores into two classes, and the split is arithmetic rather than judgment. Class A is the licence for premises whose adult video stock goes over the by-law's count or its proportion test. Work out which side of that line you fall on before you apply, because the class you need determines the licence fee you pay.
The City of Hamilton lists this under its “Establishments” category: “Any premises where the number of adult videos available from the premises exceeds 500, or where the number of adult videos available from the premises is more than 20% of the videos available from the premises which are not adult videos and does not include a Class B adult video store.”
Who needs this licence?
The by-law defines a Class A store by two alternative tests. Premises are Class A where the number of adult videos available from the premises exceeds 500, or where the number of adult videos available is more than 20 per cent of the videos available from the premises which are not adult videos. Either test on its own puts you in Class A, and the definition expressly does not include a Class B adult video store.
That means a small store can be Class A. If your non-adult catalogue is modest, the proportion test can put you over the line long before the raw count of 500 does. Count both ways before you decide which application to file.
The applicant attends in person with government-issued photo identification and provides 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.
If your stock sits close to the boundary, treat the class as something to review rather than set and forget, because the thing being measured is what is available from the premises, and that changes as you buy and sell.
What documents do you need?
You file the completed business licence application form together with a valid business registration, corporate profile or master business licence dated within one year of the application. The City is confirming the applying entity is registered now, not that it once was.
The Zoning Verification Certificate confirms the address permits the use, and the Criminal Records and Judicial Matters Check covers personal suitability. Order the police check late in your preparation, because the 36-day limit runs from its date, not from when you decided to apply.
A premise plan drawn to scale completes the file. It must show, among other things, parking areas, queuing areas, walkways, smoking areas, patios, seating areas, offices, cloak rooms, kitchen and bar areas, washrooms, storage areas and entrances and exits. For a retail store, be precise about storage: stock held on the premises is part of what is available from the premises.
Zoning and premises requirements
The Zoning Verification Certificate is issued against the property and confirms that the zoning permits the proposed use. Because it depends on the address rather than on you, it is the first thing to check when you are comparing possible locations.
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. This is a common situation when a store changes hands.
The premise plan is the layout half of the picture. It has to be drawn to scale and cover the areas listed in the checklist, from parking and walkways through to washrooms, storage and each entrance and exit.
Inspections and approvals
One inspection is required for this licence: a parking inspection, arranged after the application has been received.
The parking inspection considers the parking serving the premises. The scaled premise plan feeds directly into it, since the plan is where the parking areas, queuing areas and walkways are set out.
Unlike the establishment owner licence in the same schedule, no fire or health inspection is listed on this licence's checklist, which is one reason the application moves faster.
How much does it cost?
A new Class A application is made up of a processing fee, the licence fee and the parking inspection fee. HST applies to the processing fee and the inspection fee; the licence fee is not subject to HST.
Zoning verification, or the addendum where you qualify for it, is an additional charge and is not subject to HST. The City's fee schedule shows the application total both with and without that zoning line.
The licence fee is the main difference between the two classes: Class A sits in a much higher fee band than Class B. That is the practical reason the stock thresholds matter to your budget, not just to your paperwork.
At renewal, the licence fee is the charge listed. A lapsed licence has to be reinstated and reinstatement carries its own fee with HST. Every amount comes from the City's fee schedule and is confirmed when you apply.
How to apply
Do the counting first. Establish how many adult videos will be available from the premises and how that compares with the number of non-adult videos, so you know you are applying for the right class.
Get the Zoning Verification Certificate underway, complete the application form, and pull a business registration or corporate profile dated within the last year. Have the premise plan drawn to scale.
Order the Criminal Records and Judicial Matters Check from the police service board where you live, timed so it is within 36 days when you file, and remember that third party clearances will be refused.
Attend in person with government-issued photo identification to submit the application. The parking inspection is arranged after the City has received it.
Renewals and staying compliant
This licence is renewed in person with government-issued photo identification, and Declarations A and B have to be completed each time.
Renewal is a good moment to re-check your class. If your stock has shifted so that adult videos no longer exceed the count or the proportion test, the correct licence for the premises may have changed, and the same is true in reverse if you have been buying.
The renewal charge listed is the licence fee. If the licence lapses before you renew it, a reinstatement fee with HST applies on top.
Quick quiz: test what you learned
Three questions, all answered in this guide. Click an answer to check it.
1. Which premises fall into the Class A adult video store category?
The definition uses either test on its own, the count above 500 or the proportion above 20 per cent, so meeting one is enough.
2. When are inspections arranged for this licence?
The checklist lists the parking inspection as a required inspection arranged after the application has been received.
3. Your premise plan is a neat hand sketch without a scale. Will it be accepted?
The checklist requires a premise plan drawn to scale depicting the listed areas, including parking, storage and all entrances and exits.
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.