Item - 2017.LS22.1
Tracking Status
- City Council adopted this item on November 7, 2017 with amendments.
- This item was considered by Licensing and Standards Committee on October 20, 2017 and was adopted with amendments. It will be considered by City Council on November 7, 2017.
- See also By-law 1431-2017
LS22.1 - Results of Consultation on Chapter 510, Holiday Shopping
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on November 7, 8 and 9, 2017, adopted the following:
1. City Council amend Chapter 510, Holiday Shopping, by deleting subsection 510-4I(1), which reads "prepared meals," and adding as a new subsection the following: "The portion of a premises selling goods or services in the form of, or in connection with, prepared meals but no other portion of the premises."
2. City Council direct the City Solicitor, in consultation with the Executive Director, Municipal Licensing and Standards, to report directly to the next Council meeting with a recommended definition of "prepared meals".
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-107619.pdf
Communications (City Council)
(November 7, 2017) Petition from Councillor Jim Karygiannis, Ward 39, Scarborough-Agincourt, regarding support for the recommendations of the Licensing and Standards Committee on holiday shopping, containing the signatures of approximately 225 persons, filed during the Routine Matters portion of the meeting (CC.New)
Motions (City Council)
That City Council direct the City Solicitor, in consultation with the Executive Director, Municipal Licensing and Standards, to report directly to the next Council meeting with a recommended definition of "prepared meals".
Vote (Amend Item (Additional)) Nov-08-2017 5:44 PM
| Result: Carried | Majority Required - LS22.1 - Fletcher - motion 1 |
|---|---|
| Total members that voted Yes: 39 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, John Tory, Lucy Troisi, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 6 | Members that were absent are Gary Crawford, Vincent Crisanti, Michelle Holland, Chin Lee, Giorgio Mammoliti, Michael Thompson |
Vote (Adopt Item as Amended) Nov-08-2017 5:45 PM
| Result: Carried | Majority Required - LS22.1 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 38 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, John Campbell, Christin Carmichael Greb, Shelley Carroll, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, John Tory, Lucy Troisi, Kristyn Wong-Tam |
| Total members that voted No: 2 | Members that voted No are Jon Burnside, Josh Colle |
| Total members that were Absent: 5 | Members that were absent are Gary Crawford, Michelle Holland, Chin Lee, Giorgio Mammoliti, Michael Thompson |
LS22.1 - Results of Consultation on Chapter 510, Holiday Shopping
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Licensing and Standards Committee recommends that:
1. City Council amend Chapter 510, Holiday Shopping, by deleting subsection 510-4I(1), which reads "prepared meals," and adding as a new subsection the following: "The portion of a premises selling goods or services in the form of, or in connection with, prepared meals but no other portion of the premises."
Origin
Summary
On April 26, 2017, City Council adopted a report on the Holiday Shopping By-law review and directed staff to undertake further public consultations on the impact of expanding the application of the prepared meals exemptions in the Holiday Shopping By-law to beyond restaurants to explicitly permit other retailers who serve prepared meals to operate on public holidays.
Chapter 510, Holiday Shopping, requires that retail stores that do not meet the exemption criteria are required to be closed on the following nine public holidays: New Year's Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day and Christmas Day.
Currently, exemptions for retail businesses to open on public holidays are based on the type of store and/or services offered, restrictions on the size of the store and the number of employees, and includes retail establishments selling "goods or services in the form of, or in connection with, prepared meals".
The City has historically interpreted that only restaurants were permitted to open in accordance with the Holiday Shopping By-law through the "prepared meals" exemption as per the provisions of the City of Toronto Act (COTA). Section 97 in COTA, prevents the City from regulating operating hours, including closing times, of business establishments involved in "the selling or provision of goods or services in the form of, or in connection with, prepared meals".
The changing nature of business practices in retail over time is now challenging the previously accepted convention of types of businesses that meet the prepared meals exemption. This is seen in cases such as the expansion of multi-purpose grocery stores that offer for sale extensive prepared meals alongside other more traditional grocery store items, or pharmacies expanding into the retailing of groceries and meals.
On September 2015, the City Solicitor submitted a report to City Council on a court ruling dealing with the City's Holiday Shopping By-law. The City was unsuccessful in prosecuting Longo's under Toronto Municipal Code, Chapter 510, Holiday Shopping for operating two locations on a public holiday. The City appealed that decision, however, the court once again found in Longo's favour. In both instances, Longo's successfully argued to the court that they met the exemption provided in the By-law for premises "selling goods or services in the form of, or in connection with, prepared meals". The City had historically taken the position that this exemption applied solely to restaurants.
This report outlines the feedback regarding the potential impacts of expanding the application of the prepared meals exemption in the Holiday Shopping By-law. Feedback was received through public consultation and stakeholder meetings with various groups. Stakeholders included business, industry and trade representatives from the Retail Council of Canada, Canadian Federation of Independent Grocers, Ontario Convenience Stores Association, and Toronto Association of Business Improvement Areas (TABIA). Staff consulted with labour and union representatives including Unifor, Toronto and York Region Labour Council, United Food and Commercial Workers Canada, and the Worker's Action Centre. Staff also consulted with the Ontario and Toronto Coalition for Better Child Care.
Various viewpoints were heard from stakeholders. However, those in attendance at the public consultation were largely against any changes to the By-law. Grocery store workers identified that if required to work on public holidays they may not be able to find adequate childcare or reliable public transit because childcare centres are closed and there is reduced public holiday transit service.
Conversely, staff heard that business models continue to change, while the City's Holiday Shopping By-law has not changed to meet new business realities. Grocery store industry representatives supported changing the By-law to permit them to determine their operating hours to best cater to their respective communities.
As directed by City Council, this report summarizes consultation feedback from the public and stakeholders on the impact of expanding the application of the prepared meals exemptions in the Holiday Shopping By-law. Expanding the prepared meals exemption would permit retailers beyond restaurants who serve prepared meals to operate on public holidays.
Legal Services was consulted in the preparation of this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-107619.pdf
Speakers
Tim Deelstra, Engagement and Media Relations Strategist, United Food and Commercial Workers Locals 175 and 633
Paul Docherty, United Food and Commercial Workers Local 1006A
Gary Rygus, Retail Council of Canada
Gord Currie, President, Unifor Local 414
Tony Falcone, Vice President, Unifor Local 414
Tammy Laporte, Unifor Local 414
Kim Mullin, Partner, WeirFoulds LLP (on behalf of Iqbal Foods)
Deb Henry, Unifor Local 414
Christine Connor, Unifor National
Adriana Georgakopoulos
Susan McMurray, Toronto and York Region Labour Council
Mohammed Hashim, Toronto and York Region Labour Council
Anna Hodgson
Mary Leonard, Unifor Local 414
Councillor Paula Fletcher
Councillor Neethan Shan
Councillor Paul Ainslie
Motions
That City Council amend Chapter 510, Holiday Shopping, by deleting subsection 510-4I(1), which reads "prepared meals," and adding as a new subsection the following: "The portion of a premises selling goods or services in the form of, or in connection with, prepared meals but no other portion of the premises."
That the Executive Director, Municipal Licensing and Standards, report directly to City Council during their meeting on November 7, 2017 with:
a. A definition of "prepared meals"
b. Proposals which would prevent any premises from operating any portion of a store that is not within the defined area of a "prepared meal."