A corporate defendant charged with two counts of permitting an entertainer to provide services in an area not clearly visible from the main stage and patron area, contrary to section 5(6) of the City of Mississauga Adult Entertainment Establishment Licensing Bylaw 507-2005, brought a motion to quash the information on the grounds that the bylaw provision was unconstitutionally vague.
The defendant argued that key phrases in the provision, including "any services," "clearly visible," "main stage," and "obstruction," were impermissibly imprecise and failed to provide fair notice of prohibited conduct or to limit enforcement discretion.
The court dismissed the motion, finding that section 5(6) was sufficiently precise to allow for intelligible legal debate when read in context with the entire bylaw, its definitions, and the licensing requirements that obligated the defendant to submit floor plans identifying the main stage and patron seating areas.
