Item - 2017.LS18.2

Tracking Status

LS18.2 - Framework and Consultation Plan for a Harmonized Sidewalk Café and Marketing By-law

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Decision

The Licensing and Standards Committee:

 

1. Directed the Executive Director, Municipal Licensing and Standards to undertake stakeholder and public consultation on the Framework for a Harmonized Sidewalk Café and Marketing By-law, and on the Fee Structure as outlined in the report (March 31, 2017) from the Executive Director, Municipal Licensing and Standards, and report with the harmonized by-law following this consultation to the Licensing and Standards meeting in the fourth quarter of 2017. 

 

2. Directed the Executive Director, Municipal Licensing and Standards to report, as part of her final report, on the requirement that any new café application pay a non-refundable fee of $1,300.00 for the installation of two trees located either at the café location or other nearby location.  

 

3. Directed the Executive Director, Municipal Licensing and Standards to consult with the General Manager, Transportation Services, in addition to the Fire Chief and General Manager, Toronto Fire Services and the Chief Building Official and Executive Director, Toronto Building, on the harmonized framework proposal to permit year-round enclosed cafes and any associated fees and report as part of her final report in the fourth quarter of 2017.

Origin

(March 31, 2017) Report from the Executive Director, Municipal Licensing and Standards

Summary

This report presents a framework for the harmonization of six in-force sidewalk café and marketing bylaws into a single bylaw; proposed new fees; and a consultation plan.

 

This report aligns with, and supports, the Transportation Services' (TS) report entitled, A Framework for the Toronto Sidewalk Café Design Manual, being presented to the Public Works and Infrastructure Committee on April 12, 2017. 

 

Over the past two years, Municipal Licensing and Standards (ML&S) has been working with Transportation Services to review existing regulations and consult with stakeholders, with a view to developing a framework for a harmonized by-law.

 

In order to balance multiple interests, the following three project objectives have been identified:

 

1. develop consistent standards for the harmonized by-law (ML&S);

 

2. update the fee schedule (ML&S); and

 

3. ensure the sidewalk functions for all users through the permit process and through new sidewalk café design options and opportunities (TS).

 

ML&S's report includes a framework for the harmonization of existing by-laws into a single by-law, and associated fees. Key provisions include consistent city-wide standards that are easy to understand and provide clarity for decision-making, along with simplified permit fees: one for downtown and one for everywhere else.

 

Both of the above reports recommend further consultation and a report back to City Council in the fourth quarter of 2017.

Background Information

(March 31, 2017) Report from the Executive Director, Municipal Licensing and Standards on Framework and Consultation Plan for a Harmonized Sidewalk Café and Marketing By-law
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-102512.pdf
Attachments 1-5 to the report from the Executive Director, Municipal Licensing and Standards on Framework and Consultation Plan for a Harmonized Sidewalk Café and Marketing By-law
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-102513.pdf

Communications

(April 12, 2017) Letter from Suzanne Kavanagh, President, St. Lawrence Neighbourhood Association (LS.New.LS18.2.1)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68712.pdf
(April 18, 2017) Letter from James Rilett, Vice President, Ontario and Steve Mastoras, Director; Restaurants Canada (LS.New.LS18.2.2)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68782.pdf
(April 18, 2017) Letter from Dave Bryans, CEO, Ontario Convenience Stores Association (LS.New.LS18.2.3)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68816.pdf

Speakers

Dave Bryans, Chief Executive Officer (CEO), Ontario Convenience Stores Association (OCSA)
Tony Elenis, President, CEO, Ontario Restaurant Hotel and Motel Association (ORHMA)
Marcus Little, St. Lawrence Neighbourhood Association
David S. Crawford, St. Lawrence Neighbourhood Association
Steven Mastoras, Managing Director, Whistler's Grille
Emily Jane Daigle, Accessibility Advocate
John Kiriu, Executive Director, Toronto Association of Business Improvement Areas (TABIA)
Councillor Paula Fletcher

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Carried)

That the Executive Director, Municipal Licensing and Standards report, as part of her final report, on the requirement that any new café application pay a non-refundable fee of $1,300 for the installation of two trees located either at the café location or other nearby location.

Vote (Amend Item (Additional)) Apr-18-2017

Result: Carried Majority Required - Motion 1 moved by Councillor Glenn De Baeremaeker
Total members that voted Yes: 5 Members that voted Yes are Jon Burnside, Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Cesar Palacio (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Frances Nunziata

2 - Motion to Amend Item (Additional) moved by Councillor Cesar Palacio (Carried)

That:

 

1. Licensing and Standards Committee direct the Executive Director, Municipal Licensing and Standards to consult with the General Manager, Transportation Services, in addition to the Fire Chief and General Manager, Toronto Fire Services and the Chief Building Officer and Executive Director, Toronto Building, on the harmonized framework proposal to permit year-round enclosed cafes and any associated fees and report as part of the final report in the fourth quarter of 2017.

Vote (Amend Item (Additional)) Apr-18-2017

Result: Carried Majority Required - Motion 2 moved by Councillor Cesar Palacio
Total members that voted Yes: 5 Members that voted Yes are Jon Burnside, Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Cesar Palacio (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Frances Nunziata

3 - Motion to Adopt Item as Amended moved by Councillor Cesar Palacio (Carried)
Source: Toronto City Clerk at www.toronto.ca/council