Item - 2014.LS27.1

That City Council adopt the recommendations contained in the supplementary report (March 31, 2014) from the Executive Director, Municipal Licensing and Standards [LS27.1a] as amended:

1.                  City Council delete recommendation 3 from the Licensing and Standards Committee and replace with:

City Council enact a new City of Toronto Municipal Code Chapter, being Chapter 740, "Street Vending", generally in accordance with the report dated March 4, 2014,  from the Executive Director, Municipal Licensing and Standards, and the Supplementary Report from the Executive Director, Municipal Licensing and Standards, as amended by City Council, subject to any necessary clarifications, refinements, minor modifications or technical amendments as may be identified by the Executive Director, Municipal Licensing and Standards in consultation with the City Solicitor. In the event of any conflict between the schedules to the reports and the reports proper, the reports shall govern.

2.                  City Council delete recommendation 8 from the Licensing and Standards Committee and replace with:

Any fee increases for current R53 Sidewalk Vending Permit holders be phased in over a three year period (2014, 2015 and 2016) such that the difference between the current fee and the new fee be apportioned equally over the three year period and applied on an annual basis, until the new fee applies to them on January 1, 2017.

3.                  City Council delete recommendation 10 from the Licensing and Standards Committee and replace with:

City Council permit the existing R55 Curb Lane Vending Permit holders to continue operating under the terms of their current Permit until December 31, 2016, at which time they must obtain a Mobile Food Vending Permit to operate curbside and become part of the new mobile food truck vending system.

4.                  City Council approve that, for the purposes of the new Municipal Code Chapter, being Chapter 740, "Street Vending", Mobile Vending Zones shall consist of:

a.         All pay-and-display parking spaces on Major and Minor Arterial Roadways as defined in Chapter 910, Parking Machines, and the City's road classification system, subject to the restrictions set out below; and

b.         Areas of the right of way, such as non pay-and-display parking spaces or lay-bys, which are designated as such by the Executive Director, Municipal Licensing and Standards, from time to time;

c.         Despite (a) and (b), above, the following restrictions shall apply to all Mobile Vending:

1.             No Mobile Food Vending Permit holders shall vend within 25 linear metres of an eating establishment licensed pursuant to Chapter 545, Licensing, of the City of Toronto Municipal Code during those hours when the establishment is operating and open to the public.

2.             No Mobile Food Vending Permit holders shall operate within 30 linear metres from the property line of any school or place of worship.

3.             No Mobile Food Vending Permit holders shall operate within 25 linear metres from a designated vending area on the sidewalk.

4.             No Mobile Food Vending Permit holders shall operate for more than five hours on the same block within a calendar day.

5.              Despite (4) above, Mobile Food Vending Permit holders shall comply with all parking and traffic restrictions, the Highway Traffic Act and its Regulations, the Toronto Municipal Code and its By-laws and the Toronto Parking Authority and its Policies.

5.                  City Council authorize the City Solicitor to amend any City by-laws or Code Chapters to give effect to the new Toronto Street Food Vending program.

6.                  City Council request the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee on the feasibility of establishing a new permit fee for a licensed restaurant wishing to operate a non-motorized refreshment vehicle on the sidewalk outside of their restaurant and to exempt them from any proximity requirements.

That City Council delete the Recommendations from the Licensing and Standards Committee and instead adopt the recommendations contained in the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards:

1.         City Council enact Chapter 740, Street Vending, a new Chapter in the Toronto Municipal Code, substantially in the form of the draft by-law, as described in Attachment 1, subject to any refinements as may be identified by the Executive Director, Municipal Licensing and Standards and the City Solicitor.

2.         City Council authorize the City Solicitor to rescind, at such time as appropriate, the existing provisions in the Code Chapters, policies and by-laws, or relevant sections thereof, of the former municipalities described below, and any other provisions that the Executive Director or City Solicitor may identify relating to and that have been superseded or replaced by the new Code Chapter.

a.         Chapter 315, Street Vending of the former City of Toronto.

b.         Chapter 738 Street Food, Healthier of the Toronto Municipal Code.

c.         By-law No. 18-97 of the former Borough of East York.

d.         By-law No. 41-93 of the former Municipality of Metropolitan Toronto.

e.         By-law No. 32-95 of the former Municipality of Metropolitan Toronto, being a by-law "to establish removal zones and regulate vending on Metro roads."

f.          By-law No. 98-97 of the former Municipality of Metropolitan Toronto, being a by-law "to provide designated areas for the purposes of mobile vending on Metropolitan Roads."

g.         By-law No. 32100 of the former City of North York.

3.         City Council authorize the City Solicitor to amend any City by-laws, policy or Code Chapters, or sections therein, that may contain references to any by-law, policy or Code Chapter, or section therein, that is to be superseded by the proposed Code Chapter.

4.         City Council approve the amendments to Toronto Municipal Code Chapter 545, Licensing, as described in Attachment 2.

5.         City Council approve amendments to Chapter 441, Fees, by adding the following new permit fees for 2014, subject to the annual inflation rate:

a.         Sidewalk Vending Permit

i.          Major Arterial Road: $4,575.11

ii          Minor Arterial Road: $2,488.52

b.         Mobile Food Vending Permit: $5,066.69

c.         Ice Cream Vending Permit: $525.19

6.         City Council approve that any fee increases for current Sidewalk Vending Permit holders in 2014 be applied equally over three years.

7.         City Council approve that any fee decreases for current Sidewalk Vending Permit holders be applied on May 15, 2014.

8.         City Council permit the existing R55 Curb Lane Vending Permit holders to continue operating as is until December 31, 2016, at which time they must obtain a Mobile Food Vending Permit to continue operating curbside.

9.         City Council repeal Chapter 545, Licensing, Section 269 G to permit vendors to operate for more than ten minutes in licensed commercial parking lots.

10.       City Council implement a moratorium on R53 Sidewalk Vending Permits and R55 Curb Lane Vending Permits for all non-food vendors until such time as the Executive Director, Municipal Licensing and Standards reports back on the appropriateness of this type of vending on the public right of way.

11.       City Council continue to implement a moratorium on R53 Sidewalk Vending Permits for all food vendors in wards 20, 27 and 28.

12.       City Council direct that the proposed changes come into force on May 15, 2014.

13.       City Council authorize and direct the City Solicitor, in consultation with the Executive Director, Municipal Licensing and Standards, to make application to the Senior Regional Justice of the Ontario Court of Justice for set fines with respect to the new proposed Code Chapter 740 of the City of Toronto Municipal Code.

In the event that motion 1 by Councillor Palacio fails:

City Council refer Licensing and Standards Committee Recommendation 10 back to the Executive Director, Municipal Licensing and Standards for further consultation through a small working group of current curb lane vending permit holders and other stakeholders to examine alternatives and timeframes for change, and report back to Licensing and Standards Committee in one year, and City Council direct that the status quo be maintained for the existing R55 curb lane vending permit holders until it has an opportunity to review this matter when it comes back to City Council in one year's time:

Recommendation to be referred:

10.       City Council permit the existing R55 Curb Lane Vending Permit holders to continue operating as is until December 31, 2016, at which time they must obtain a Mobile Food Vending Permit to continue operating curbside.

1.                  That Restricted Zones & designating Restricted Zones be deleted. 

2.         The Executive Director, Municipal Licensing and Standards report to the Licensing and Standards Committee in one year on the need for restricted vending zones and, propose a process to designate and appeal restricted vending zones.

3.         When urgent issues arise concerning public nuisance or safety, City Council delegate to the Executive Director, Municipal Licensing and Standards the authority to prohibit vending in a particular area.

4.         The Executive Director, Municipal Licensing and Standards report to the Licensing and Standards Committee in one year on the impact of the new regulations on street food vending in Toronto, including any issues of noise, idling and environmental impacts of using generators.

That:

1.         Recommendations 1 to 11, inclusive, in the Report dated March 4, 2014 be re-numbered as Recommendations 2 to 12, inclusive, and current Recommendations 12 and 13 be re-numbered as Recommendations 14 and 15.

2.         A new Recommendation 1 be inserted as follows:

"1.        City Council direct the Executive Director, Municipal Licensing and Standards, to report directly to Council at its April 1, 2014 meeting with details on the meaning of "block", the means of  measurement of 50 metres and other distances, the criteria for designating Mobile Vending Zones and Restricted Zones, the various appeal processes, and any other additional matters requiring clarification.

3.         That Recommendation 2 be deleted and replaced with the following:

City Council enact a new City of Toronto Municipal Code Chapter, being Chapter 740, "Street Vending",  generally in accordance with the report dated March 4, 2014,  from the Executive Director, Municipal Licensing and Standards, and the Supplementary Report of the Executive Director, Municipal Licensing and Standards, as amended by City Council  subject to any necessary clarifications, refinements, minor modifications or technical amendments as may be identified by the Executive Director, Municipal Licensing and Standards in consultation with the City Solicitor.  In the event of any conflict between the schedules to the reports and the reports proper, the reports shall govern.

4.         That Recommendation 7 be deleted and replaced with the following:

Any fee increases for current R53 Sidewalk Vending Permit holders be phased in over a three year period (2014, 2015 and 2016) such that the difference between the current fee and the new fee be apportioned equally over the three year period and applied on an annual basis, until the new fee applies to them as at January 1, 2017.

5.         That Recommendation 9 be deleted and replaced with the following:

City Council permit the existing R55 Curb Lane Vending Permit holders to continue operating under the terms of their current Permit until December 31, 2016, at which time they must obtain a Mobile Food Vending Permit to operate curbside and become part of the new mobile truck vending system.

6.         That Recommendation 10 be deleted and replaced with the following:

 City Council repeal Chapter 545, Licensing, Section 269 G to permit vendors to operate for more than ten minutes in licensed commercial parking lots and direct this change to come into force the day Council adopts this recommendation.

7.         A new Recommendation 13 be added as follows:

City Council approve that, for the purposes of the new Municipal Code Chapter, being Chapter 740, "Street Vending", Mobile Vending Zones shall consist of:

a.         All pay-and-display parking spaces on Major and Minor Arterial Roads as defined in Chapter 950, Traffic and Parking, subject to the restrictions set out below; and

b.         Areas of the right of way, such as non pay-and-display parking spaces or lay-bys, which are designated as such by the Executive Director, Municipal Licensing and Standards, from time to time.

c.         Despite (a) and (b), above, the following restrictions shall apply to all Mobile Vending:

1)         No more than two Mobile Food Vending Permit holders will be permitted to operate on any block at one time.

2)         No Mobile Food Vending Permit holders shall vend within 50 metres of an eating establishment licensed pursuant to Chapter 545, Licensing, of the City of Toronto Municipal Code during those hours when the establishment is operating and open to the public.

3)         No Mobile Food Vending Permit holders shall operate within 30 metres from the property line of any school or place of worship.

4)         No Mobile Food Vending Permit holders shall operate within 25 metres from a designated vending area on the sidewalk.

d.         Despite (a) and (b), above, the Executive Director, Municipal Licensing and Standards shall be authorized to designate a Restricted Zone within an area set out in (a) or (b) where no Mobile Food Vending will be permitted. The process for the designation  of a Restricted Zone will include an investigation and review by the Executive Director, Municipal Licensing and Standards as to the appropriateness of designating  an area within a Mobile Vending Zone as a Restricted Zone, on any one or more of the grounds listed below, following receipt of a request for such designation or removal of designation from the ward Councillor, BIA or other interested parties:

i.          Public safety;

ii.         Public nuisance;

iii.        Traffic management;

iv.        Construction and development;

v.         Streetscape improvement projects;

vi.        City by-laws, policies and programs; and

i.          Any other relevant ground or factor.

e.         The Executive Director, Municipal Licensing and Standards shall be authorized to remove a Restricted Zone designation. The process for the removal of the designation of a Restricted Zone will include an investigation and review by the Executive Director, Municipal Licensing and Standards as to the appropriateness of removing the designation on any one or more of the grounds listed in (d) above, following receipt of a request for such removal of designation from the ward Councillor, BIA or other interested parties.

f.          In the event that the Executive Director refuses to designate an area as a Restricted Zone in accordance with the process outlined in (d) above, the Councillor, in whose Ward the Restricted Zone is proposed, shall be entitled to request, and the Executive Director shall prepare, a report to the appropriate Community Council, for its consideration, and the appropriate Community Council shall be entitled to grant or refuse the Restricted Zone designation.