Belleville's Adult Entertainment Bylaw Questioned

W. Brice McVicar reports for the [I]Intelligencer[/I], 12 Dec 2011:

[url]http://www.intelligencer.ca/ArticleDisplay.aspx?e=3402072[/url]

[INDENT][B]A Montreal business man is questioning city council's intent when it comes to his plan to open a strip club in Belleville[/B], noting it is violating his rights under the Charter of Rights.

Carlos Moniz, who became a regular fixture in the city two years ago when he and his brother announced plans to open a strip club and restaurant at the former Doc's Palace location on Station Street, appeared before city council Monday asking for clarification on the state of the city's adult entertainment bylaw.

Shortly after Moniz made his plans public in 2009 the city adopted an interim control bylaw restricting the opening of adult entertainment facilities in the city. One year later, the city amended its adult entertainment bylaw permanently meaning only the two existing strip clubs â?? The Cabaret and The Gogo Club â?? are allowed to operate in the city.

"It feels good to be back in Belleville," Moniz said, as he began his deputation which recapped his ongoing battle with the city. Moniz questioned if the city has examined issues surrounding adult entertainment to determine what is the best way to handle the establishment of such businesses.

"I believe I have waited long enough. Whereas under the Canadian Charter of Rights and Freedoms... to pursue and gain a livelihood in any province I, Carlos Moniz, just want to know where, in the blooming city of Belleville, can I operate, open up a strip club, adult entertainment establishment as granted to me under the Canadian Charter of Rights and Freedom?

"Is that too much to ask or was the interim control bylaw just created as an innovative way to stall me from earning a livelihood? Or, was it just a way to stall for time hoping that I would move on and forget about Belleville?" Moniz said.

He added he understands city leaders do what they believe best represents the interests of residents but they forget those residents are why such clubs are in business. He said if there were no patrons to visit strip clubs the sites would close.

Moniz's comments prompted no questions from city councillors who sat quietly at the end of his deputation.

Mayor Neil Ellis told Moniz his best route of action would be to meet with the city's deputy director of engineering and development and city planner, Rod Bovay, to discuss his concerns.

Following the meeting, Bovay said the city has established its bylaws surrounding the issue of adult entertainment clubs.

"The interim control bylaw was passed for a two year term â?? it was passed for one year and then extended for another year â?? and it expired in October. During that time, council took the step of amending the adult entertainment bylaw which regulates adult entertainment in the city," Bovay told media. "They did that to remove the Doctor's Hotel site as a property that was allowed to have adult entertainment."

Bovay said if council wants to change its current bylaw and allow another site to be recognized as a potential property to house a strip club it can do so at its will. Bovay said he planned to meet with Moniz today to discuss his concerns.[/INDENT]