Licensing and Standards Committee

Meeting No.:
27
Contact:
Dela Ting, Committee Administrator
Meeting Date:
Tuesday, March 18, 2014

Phone:
416-397-4592
Start Time:
9:30 AM
E-mail:
lsc@toronto.ca
Location:
Committee Room 1, City Hall
Chair:
Councillor Cesar Palacio

 

Licensing and Standards Committee

Councillor Cesar Palacio, Chair

Councillor Glenn De Baeremaeker, Vice Chair

Councillor Frank Di Giorgio

Councillor Gloria Lindsay Luby

Councillor Mary-Margaret McMahon

Councillor Ron Moeser

 

Members of Council and Staff:  Please keep this agenda and the accompanying material until the City Council meeting dealing with these matters has ended.

 

Special Assistance for Members of the Public:  City staff can arrange for special assistance with some advance notice. If you need special assistance, please call 416-397-4592, TTY 416-338-0889 or

e-mail lsc@toronto.ca.

 

Closed Meeting Requirements:  If the Licensing and Standards Committee wants to meet in closed session (privately), a member of the Committee must make a motion to do so and give the reason why the Committee has to meet privately (City of Toronto Act, 2006).

 

Notice to people writing or making presentations to the Licensing and Standards Committee:  The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees. The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it - such as your postal address, telephone number or e-mail address - available to the public, unless you expressly request the City to remove it.

 

The City makes a video record of committee and community council meetings. If you make a presentation to a committee or community council, the City will be video-recording you and City staff may make the video record available to the public.

 

If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON  M5H 2N2 or by calling 416-397-4592.


toronto.ca/council

This agenda and any supplementary materials submitted to the City Clerk can be found online at www.toronto.ca/council. Visit the website for access to all agendas, reports, decisions and minutes of City Council and its committees.

 

 

 

Declarations of Interest under the Municipal Conflict of Interest Act

 

Confirmation of Minutes:  January 23, 2014

 

Speakers/Presentations: A complete list will be distributed at the meeting

 

Communications/Reports

 

LS27.1 - New Opportunities for Toronto's Street Food Vendors

Consideration Type:
ACTION
Wards:
All

Public Notice Given

Origin

(March 4, 2014) Report from the Executive Director, Municipal Licensing and Standards

Recommendations

The Executive Director, Municipal Licensing and Standards recommends that:

 

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.

 

Summary

This report proposes new opportunities for street food vendors across the City and provides more choices to the public for a diverse street food experience.

 

The City is currently home to dozens of licensed street food vendors selling diverse, world class fares. The difference between Toronto's street food industry, and many others staff reviewed, is not a lack of menu options here, but rather an inability for all but a handful of vendors to make those menus regularly and conveniently available to the public. The path to a street food experience in Toronto that truly matches its celebrated diversity is through easing restrictions and creating opportunities for vendors to make their businesses easily accessible to the public.

 

In consultation with the Street Food Working Group, and based on staff's research and public consultations, a new city-wide street vending by-law is being recommended to create opportunities for: mobile food trucks and ice cream trucks to operate temporarily at parking spaces on the road; for mobile ice cream trucks to operate temporarily on local and residential streets; and for stationary food carts to operate at designated locations on the sidewalk. Eliminating the 10 minute vending rule in parking lots will provide another opportunity for vendors.

 

The recommendations in this report will help balance the City's need to manage the competing uses of the right of way, and improve the public's access to a diverse street food experience through expanded opportunities for vendors across the city.

Financial Impact

There are no additional staff resources required to implement the recommendations in this report. The issuance of new permits will add revenue to the Division's operating budget in 2014 and beyond, though at this time it is difficult to assess the exact increase in revenues, or how many new permits will be applied for and issued.

 

Staff issued 152 total permits in 2013 and it is anticipated that 340 permits will be issued under the new model.

 

The total revenue collected in 2013 for vending licence and permit fees was $0.855 million. With the issuance of new permits, staff estimate that the potential additional revenue for 2014 will be $181,507. For 2015, the anticipated annual revenue will be $1.070 million. The anticipated annual increase in revenues over 2013 is $0.215 million or 25.1%.

 

Staff will report on any impacts to the 2014 operating budget during the 2015 operating budget process including any necessary refinements to the fee structures. The permit fees are subject to annual adjustments for inflation.

 

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

Background Information

(March 4, 2014) Report from the Executive Director, Municipal Licensing and Standards on New Opportunities for Toronto's Street Food Vendors
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67349.pdf
Attachment 1 to the Report from the Executive Director, Municipal Licensing and Standards on New Opportunities for Toronto's Street Food Vendors - Municipal Code Chapter 740, Street Vending
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67426.pdf
Attachment 2 to the Report from the Executive Director, Municipal Licensing and Standards on New Opportunities for Toronto's Street Food Vendors - Amendments to Chapter 545, Licensing
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67427.pdf
Attachment 3 to the Report from the Executive Director, Municipal Licensing and Standards on New Opportunities for Toronto's Street Food Vendors - Summary of jurisdictional research
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67428.pdf
Attachment 4 to the Report from the Executive Director, Municipal Licensing and Standards on New Opportunities for Toronto's Street Food Vendors - Summary of public consultations
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67429.pdf
Attachment 5 to the Report from the Executive Director, Municipal Licensing and Standards on New Opportunities for Toronto's Street Food Vendors - Current restrictions, proposed opportunities
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67430.pdf
Attachment 6 to the Report from the Executive Director, Municipal Licensing and Standards on New Opportunities for Toronto's Street Food Vendors - Designated area/passable space diagrams
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67431.pdf
(March 18, 2014) Presentation from the Executive Director, Municipal Licensing and Standards and Director, Policy and Strategic Support, Licensing and Standards on New Opportunities for Toronto's Street Food Vendors
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67560.pdf

Communications

(March 14, 2014) E-mail from Jean Eng, Pure and Simple (LS.New.LS27.1.1)
(March 14, 2014) E-mail from Andrew L. B. Gordon, Senior Commercial Manager, H&R REIT (LS.New.LS27.1.2)
https://www.toronto.ca/legdocs/mmis/2014/ls/comm/communicationfile-45911.pdf
(March 14, 2014) E-mail from Ron Palmer, Chair, PPUD Committee (LS.New.LS27.1.3)
https://www.toronto.ca/legdocs/mmis/2014/ls/comm/communicationfile-45914.pdf
(March 14, 2014) E-mail from Verge Manuel, Founder CEO, Dlish Cupcakes (LS.New.LS27.1.4)
https://www.toronto.ca/legdocs/mmis/2014/ls/comm/communicationfile-45891.pdf
(March 18, 2014) E-mail from Jonathan Woodside (LS.New.LS27.1.5)
(March 18, 2014) Submission from Darcy Higgins, Executive Director, Food Forward (LS.New.LS27.1.6)
https://www.toronto.ca/legdocs/mmis/2014/ls/comm/communicationfile-45932.pdf

LS27.2 - Feasibility of Licensing Wildlife Control Operators

Consideration Type:
ACTION
Wards:
All

Origin

(March 4, 2014) Report from the Executive Director, Municipal Licensing and Standards

Recommendations

The Executive Director, Municipal Licensing and Standards recommends that:

 

1.         City Council request the Province of Ontario to consider expanding its licensing requirements to include wildlife control operators.

Summary

At its March 19, 2013 meeting, the Licensing and Standards Committee requested staff to report back on the feasibility of licensing wildlife control operators. Committee expressed concern that without regulation, individuals performing wildlife control activities pose a risk to both consumers (e.g. disease and fraud) and wildlife (e.g. injury and death).

 

A review of relevant legislation indicates that there are provincial laws in place to protect wild animals and residents of Toronto from unqualified wildlife removal companies. These laws are enforced by the Ministry of Natural Resources, Ontario Society for the Prevention of Cruelty to Animals (OSPCA) and Ministry of Consumer Services.

 

Stakeholder consultations and research revealed some concerns with the activities of wildlife control operators, although the issues cannot be generalized to the entire industry.

 

Accordingly, this report recommends referring the matter to the Province of Ontario for consideration because it is the level of government with direct responsibility for wildlife management and the regulation of wildlife control activities such as hunting and trapping.

 

Referral to the provincial government is also advisable because a municipal licensing by-law for wildlife control operators could be declared invalid by the courts for conflicting with existing provincial legislation, the Fish and Wildlife Conservation Act, 1997 (the "Act").  Although the Act establishes a licensing regime for persons that hunt or trap wildlife, it also provides an exemption to this licensing requirement. The Act allows a person to harass, capture or kill wildlife without a licence where the person reasonably believes that wildlife is damaging or is about to damage that person's property. The Act extends this exemption to persons in the business of removing nuisance wildlife for the same purpose.

 

Municipal Licensing and Standards through Toronto Animal Services will provide resources on its website to educate the public on what rules govern wildlife control and what factors to consider when hiring a wildlife control operator.

 

Legal Services was consulted in the preparation of this report.

Financial Impact

There is no financial impact expected from this report beyond what has already been approved in this year's budget.

 

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

Background Information

(March 6, 2014) Report from the Executive Director, Municipal Licensing and Standards on Feasibility of Licensing Wildlife Control Operators
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67373.pdf

Communications

(March 14, 2014) E-mail from Nicole Therese Corrado (LS.New.LS27.2.1)
(March 18, 2014) Memo from Lia Laskaris, Manager, Animal Alliance of Canada, Liz White, Leader, Animal Alliance Environment Voters Party of Canada and Barry MacKay, Canadian Representative, Born Free (LS.New.LS27.2.2)
https://www.toronto.ca/legdocs/mmis/2014/ls/comm/communicationfile-45938.pdf

LS27.3 - Licensing of Personal Service Setting Workers

Consideration Type:
ACTION
Wards:
All

Origin

(March 4, 2014) Report from the Executive Director, Municipal Licensing and Standards

Recommendations

 The Executive Director, Municipal Licensing and Standards recommends that:

 

1.         Licensing and Standards Committee receive this report for information.

Summary

This report responds to a request from City Council to report on the feasibility of a municipal licensing regime and the resources required to implement a certification program for employees in the personal services industry.

 

The Municipal Licensing and Standards division licenses Personal Service Setting (PSS) businesses which include tattooing and body piercing, electrolysis, acupuncture, hair dressing and barber shops, micro-pigmentation, manicure/pedicure and various aesthetic services. This allows the City to hold PSS business owners responsible for the conduct of their business and staff, thus ensuring consumer protection for patrons.

 

The licensing of workers in these businesses is not being recommended at this time as adequate protections are provided through the licensing of PSS businesses and through the proposed training and certification program for individual workers.

 

Toronto Public Health reported on training and certification for PSS workers in its report headed "Infection Control Training and Certification of Personal Service Setting Workers" to the February 10, 2014 meeting of the Board of Health.

 

The Board of Health adopted the Medical Officer of Health's recommendations to request the Ontario Ministry of Health and Long-Term Care to develop and implement a mandatory training and certification program. Should the Province not develop such a program, then the Medical Officer of Health will report back in 2015 with the design and implementation of a mandatory municipal training and certification program. When implemented, the mandatory training of all PSS workers in Infection Prevention and Control (IPAC) practices will improve protection of public health and safety for both workers and customers.

 

Municipal Licensing and Standards supports Toronto Public Health's efforts in their commitment to achieving a mandatory PSS worker training and certification program.

 

Legal Services was consulted in the preparation of this report.

Financial Impact

There is no financial impact expected from this report beyond what has already been approved in the current year’s budget.

 

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

Background Information

(March 4, 2014) Report from the Executive Director, Municipal Licensing and Standards on Licensing of Personal Service Setting Workers
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67374.pdf

3a - Infection Control Training and Certification of Personal Service Setting Workers - Item HL28.3

Origin
(February 14, 2014) Letter from the Board of Health
Summary

The Board of Health on February 10, 2014, forwarded the report (January 27, 2014) from the Medical Officer of Health on Infection Control Training and Certification of Personal Service Setting Worker, to the Licensing and Standards Committee for information.

Background Information
(February 14, 2014) Letter from the Board of Health on Infection Control Training and Certification of Personal Service Setting Workers - Item HL28.3
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67346.pdf
(January 27, 2014) Report from the Medical Officer of Health on Infection Control Training and Certification of Personal Service Setting Workers
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67347.pdf

LS27.4 - Multiple and Feuding Neighbour Complaints - Feasibility of Waiving Appeal Fees and Implementing a Final and Binding Resolution Process

Consideration Type:
ACTION
Wards:
All

Origin

(March 4, 2014) Report from the Executive Director, Municipal Licensing and Standards

Recommendations

The Executive Director, Municipal Licensing and Standards recommends that:

 

1.         The Licensing and Standards Committee receive this report for information.

Summary

This report responds to direction from the December 9, 2013 Licensing and Standards Committee to re-consider waiving the appeal fees resulting from the numerous complaints submitted by one individual in Ward 38, Scarborough Centre, and the feasibility of implementing a final and binding resolution process related to multiple complaints from feuding neighbours.

 

After thoroughly reviewing the details of the incident in Ward 38, and after determining that a large number of the complaints lodged by the individual were valid contraventions of the City's by-laws, Municipal Licensing and Standards (ML&S) staff conclude that waiving the associated appeal fees for these matters would not be appropriate.

 

Legislatively, there is nothing that prohibits the City of Toronto from implementing a final and binding resolution process. However, there would be legal issues in doing so. On-going neighbour disputes that are not the subject of valid by-law contraventions, are considered private civil matters, currently absent from any regulation by the City of Toronto. Further, to impose a final and binding resolution in such disputes would require arbitration, which would pose substantial costs for the City. The City's primary interest is ensuring compliance with its by-laws, and its role in on-going neighbour disputes should continue to be one that assists residents in coming to a voluntary resolution either through staff's facilitation of dispute resolution or through referral to existing community-based organizations that provide such services.

 

Legal Services and the Office of the Ombudsman were consulted in the preparation of this report.

Financial Impact

There is no financial impact expected from this report beyond what has already been approved in the current year's budget.

 

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

Background Information

(March 4, 2014) Report from the Executive Director, Municipal Licensing and Standards on Multiple and Feuding Neighbour Complaints - Feasibility of Waiving Appeal Fees and Implementing a Final and Binding Resolution Process
https://www.toronto.ca/legdocs/mmis/2014/ls/bgrd/backgroundfile-67376.pdf
Source: Toronto City Clerk at www.toronto.ca/council