Item - 2009.HL26.15

The Board of Health recommends that:

1.         City Council approve the street vending location fees for 2010 for existing locations as set out in Attachment A to the report (November 10, 2009) from the Medical Officer of Health.

2.         City Council direct that the Vendor agreements be amended to allow the fee to be payable as follows:  10 percent of the annual amount payable on the last working day of April, and 30 percent of the annual amount payable on the last working day of each of June, August and October.

3.         City Council direct that the Toronto a la Cart pilot project:

a.         include new vending locations and fees as set out in Attachment B to the report (November 10, 2009) from the Medical Officer of Health; and

b.         offer the first right of refusal for the new approved locations to the eight current Toronto a la Cart vendors for the remaining term of their Licence Agreements.

4.         City Council approve the transfer of all authority with respect to the implementation and administration of the Street Food Pilot Projects previously delegated to the Medical Officer of Health to the General Manager, Economic Development, Culture and Tourism.

5.         City Council request the General Manager, Economic Development, Culture and Tourism, to:

             a.        continue efforts to expand healthy food options for existing food vendors; and

             b.        investigate, with the cart manufacturer, ways to improve the cart design.

6.         City Council approve the transfer of the recommended 2010 budget of $50,000 gross and $0 net for the pilot projects from Toronto Public Health to Economic Development, Culture and Tourism.

7.         City Council direct that amendments to Municipal Code Chapter 738 be made as required to implement the recommendations in this report, including:

a.         the requirement that the Toronto a la Cart owner shall personally operate the cart for a minimum of 70 percent of the hours of operation be reduced from 70 percent to 50 percent; and

b.         deleting the restriction that each Toronto a la Cart vendor may only employ up to three assistants; and

c.         revising the description of the Queen’s Park location in Schedule A to the report (November 10, 2009) from the Medical Officer of Health to read as follows: “Queen’s Park (City owned parkland) west side of Queen’s Park Crescent West at Hoskin Avenue (signalized intersection)”; and

d.         replacing as necessary all references to the “Medical Officer of Health” with “General Manager of Economic Development, Culture and Tourism” as the official with responsibility for the implementation and administration of the project; and

e.         adding the new Toronto a la Cart vending locations as recommended in this report; and

f.          adding the location fees for 2010 as set out in Attachments A and B to the report (November 10, 2009) from the Medical Officer of Health.

8.         City Council direct that amendments to Municipal Code Chapter 441 be made as required to add the location fees for 2010 as set out in Attachments A and B to the report (November 10, 2009) from the Medical Officer of Health.

9.         City Council grant permission to the Toronto a la Cart vendor temporarily relocated to the northwest corner of University Avenue and College Street to remain there for the remaining two years of the current Licence Agreement.

10.       City Council direct the Municipal Licensing and Standards Division to review the categories and fees for both Non-Motorized Refreshment Vehicles Licences and for Assistant’s Licences with a view to making it easier and more cost effective for Assistants to obtain licences.

At the request of the Executive Committee, Toronto Public Health designed and implemented a number of street food vending pilot projects to assess the impact of introducing new street foods at mobile vending carts.  “Toronto a la Cart”, a pilot project for new street food vendors, was approved for up to fifteen vendors and has been implemented with eight vendors.  Based on the first five months of operation, it is evident that location, product, and marketing are the critical success factors for street vending.  From a food safety perspective, this pilot demonstrates that food safety risk can be minimized if vendors implement the necessary precautions.  This report recommends location fee adjustments, new Toronto a la Cart locations, and modifications to the regulations governing this initiative.

In another pilot initiative, up to 15 existing hot dog and sausage vendors were invited to add new healthier foods to their carts.  However, after two attempts to find interested vendors, there were no project applicants.  This report concludes that the cost and the limited variety of allowable foods made the project unattractive to these vendors.

Staff also investigated the potential of implementing healthy street food pilots with appropriate not-for-profit organizations.  Although there is support among these non-governmental organizations for the street food vending initiatives, all agree that without financial assistance it is not possible for not-for-profit organizations to participate at the current time.

This report requests that the administrative responsibility for the street food vending pilot projects be transferred from Toronto Public Health to Economic Development, Culture and Tourism division starting in January 2010, and that the recommended funding of $50,000 gross and revenue in 2010 also be transferred to Economic, Development, Culture and Tourism.

Toronto Public Health’s 2009 Approved Operating Budget included funding of $86,000 gross and $0 net and one temporary Project Manager position for the Toronto Street Food Pilot.  Based on five months of operation, Toronto Public Health has determined that project administration and operations costs for 2010 can be reduced to $50,000, a reduction of $36,000 and the deletion of the temporary manager position approved in 2009.  The Toronto Street Food Pilot will have no net impact in 2010 as required funding will be offset by location revenues.

As shown in the table below, if the administration of the pilot project is transferred to Economic Development, Culture and Tourism in 2010, the recommended funding of $50,000 gross and revenues will be transferred from Toronto Public Health to Economic Development, Culture and Tourism.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.