Who knew you must have a food licence to sell edible panties?

Until recently, businessman Steve Bannister says, the City of Toronto refused to give him the licence to sell edible underwear at his store for “couples at play’’ — Aren’t We Naughty on The Queensway.

He was told he’d have to wait until the Superior Court of Justice ruled on the validity of a zoning bylaw, which has been at the heart of a dispute between himself and the city. The bylaw prohibits the opening of any “adult entertainment establishment’’ on a section of The Queensway (approximately Kipling to Park Lawn Aves.), which includes the store’s location.

Bannister was charged with violating the bylaw last April, shortly after he opened the Etobicoke store, which has been operating as usual throughout the legal appeal process, selling lingerie, sex aids and toys.

Well, the decision by Justice Susan Himel is out: the city’s zoning bylaw has been declared void because its provisions “are so vague’’ that they’re not understandable.

“The reality is that the city is able to use specific words and definitions in order to give meaning to the legislative intent,’’ Himel wrote. “To date, it has not done so.’’

The bylaw had relied on the Municipal Act which defines an adult entertainment business as any place where “goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations are provided.’’

But the judge wrote in her Feb. 28 ruling that it is “unclear, in fact, (to) whose erotic or sexual appetites or inclinations the bylaw is referring.’’

Himel also found the bylaw to be discriminatory. “Again a pet store might sell leashes and collars and not be considered an adult entertainment establishment,’’ she wrote. “Another store that sells the same items could be classified as such.’’

Himel ordered the city to pay Bannister fixed costs of $15,000.

The city is reviewing the ruling and has not decided about an appeal, said communications spokesman Bruce Hawkins.

However, since the ruling’s release, the city has told Bannister he can now get his food-selling and renovation permits — he’s doing a major revamp of the 5,000-plus-square-foot store) — so the edible panties, and other consumable unmentionables, will soon be back on the shelves.

“I got what I deserved,’’ said Bannister. “I deserved to have that bylaw struck down.’’

He’s indignant that anyone would put his store, which is “well respected’’ and draws a majority clientele of married couples and women, in the same category as strip clubs and massage parlours.

And Bannister remains annoyed that he had to pursue his case through the courts — especially since he claims area councillor Peter Milczyn acknowledged to him the city would likely lose in court.

“He said, right in front of my lawyer (Melissa VanBerkum), ‘I know the city is going to lose,’ alleged Bannister. So why did he waste taxpayers’ money? This man should resign.’’

Milczyn has no regrets. While the ruling is “disappointing,’’ he said it was still a “matter of principle’’ and “worth it’’ for the city to fight for the bylaw right up to Superior Court.

By doing so, Milczyn said, similar businesses which he feels are unsuitable for the street, might have been dissuaded from opening on The Queensway.

“This is about The Queensway,” he said. “I have no issue about adult products and people buying them.’’

The city has been trying to transform this section of The Queensway, which has long hosted massage parlours and adult entertainment venues.

“It’s a fairly limited area, from Kipling to Park Lawn,” said Milczyn. “Aren’t We Naughty was kind of the straw that broke the camel’s back.’’

Milczyn said he may ask city staff to “create wording that’s less vague’’ and possibly make it part of harmonized zoning bylaws currently in the works.

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In any event, a grand reopening is planned when renovations are complete at The Queensway’s Aren’t We Naughty, one of nine chain stores Bannister owns in the GTA, with others in Ottawa and Windsor.

He plans to invite city councillors and the mayor.

And why not? A couple of years ago, when Bannister opened his Pickering store, the deputy mayor came to the ribbon-cutting and presented him with a certificate from the Chamber of Commerce thanking him for his business’s contribution to the community.