Item - 2014.LS27.1

Tracking Status

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

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 1, 2 and 3, 2014, adopted the following:

 

1.         City Council amend the draft by-law, as described in Attachment 1 to the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards, to:

 

a.         Permit food trucks to park for three (3) hours on any one block;

 

b.         Establish a limit of 2 Mobile Food Vending Permit holders on any one block; and

 

c.         Mobile Food Vending Permit holders will be required to be 50 linear metres from a licensed eating establishment that is open and operating.

 

2.         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 Parts a. and b. above, the following restrictions shall apply to all Mobile Vending:

 

i.           No Mobile Food Vending Permit holders shall vend within 50 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.

 

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

 

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

 

iv.        No Mobile Food Vending Permit holders shall operate for more than three hours on the same block within a 24 hour period.

 

v.         Despite Part iv. 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.

 

3.         City Council not permit mobile vending within the boundaries of a Business Improvement Area, or within 50 metres of the boundary of a Business Improvement Area, during a special event organized by the Business Improvement Area and events in public squares where food vendors are required to pay fees to participate, unless the food truck vendors are invited by the Business Improvement Area. 

 

4.         City Council require that in pay and display locations, Mobile Vendors clearly display their parking receipt next to their vending permit.

 

5.         To ensure that food trucks do not inadvertently rent space in illegal locations, City Council direct the Executive Director, Municipal Licensing and Standards, to maintain a list of licensed parking lots in commercial zones and require that mobile food vendors who operate in commercial parking lots to only operate in properties on this list.

 

6.         City Council direct the Executive Director, Municipal Licensing and Standards to issue no more than 125 mobile vending permits, inclusive of the existing 27 curb lane permits, within the next 12 months, and until she reports back to Licensing and Standards Committee in one year.

 

7.         To help ensure the integrity of the one permit per person regulation, City Council require street vending permits and renewals to be issued in person only to the permit holders, upon presentation of identification.

 

8.         To encourage new small business entrepreneurs, City Council authorize the appropriate Community Council, at the request of the local ward Councillor, to designate a particular street vending location for entrepreneurs introducing new products, or variations of products, as identified by the General Manager, Economic Development and Culture.

 

9.         City Council approve the amendments to Toronto Municipal Code Chapter 545, Licensing, as described in Attachment 2 to the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards.

 

10.       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

 

11.       City Council direct that 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.

 

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

 

13.       City Council permit the existing R55 Curb Lane Vending Permit holders to continue operating under the terms of their current permit provided that the permit shall be governed by the regulations in effect at the time of issuance until December 31, 2020, at which time they must obtain a Mobile Food Vending Permit in order to continue operating curbside.

 

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

 

15.       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.

 

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

 

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

 

18.       City Council direct that, when issues of a non-urgent nature arise in areas where vending is permitted, the Executive Director, Municipal Licensing and Standards be requested to evaluate whether or not the area should continue to permit mobile food vendors, advise the local Councillor when a vending area is being reviewed and notify the local Councillor at least 10 days in advance of a recommendation by the Executive Director, Municipal Licensing and Standards being final.  Despite Part 19 below, the local Councillor shall be able to request the recommendation of the Executive Director, Municipal Licensing and Standards be brought to the Community Council for consideration.

 

19.       City Council authorize the Executive Director, Municipal Licensing and Standards to exercise her discretion to approve a Mobile Vending Zone despite receiving one or more objections prior to determining whether an appeal to Community Council is required.

 

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

 

21.       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.

 

22.       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.

 

23.       City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the appropriate City divisions, to report to the Licensing and Standards Committee on possible waste reduction and collection policies that could be included as conditions of street food vending permits.

 

24.       City Council direct the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee in one year on the impact of the new regulations on street food vending in Toronto, such report to include recommendations for reducing the impacts of noise, idling and environmental impacts of using generators, and recommendations for reducing the impact of discharges to the City's sanitary sewer system.

 

25.       City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee on how Queen Street south of Nathan Philips Square can be designated as a special vending area in order to showcase the best of street vending in the City.

 

26.       City Council request the Executive Director, Municipal Licensing and Standards to include in her next report, any impacts on the demand for enforcement and any additional resources necessary to effectively implement this program.

 

27.       City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the General Manager of Economic Development and Culture to report back to the appropriate City Committee on the viability of directing a portion of new permit revenues to City programs in support of Business Improvement Areas.

 

28.       City Council enact a new City of Toronto Municipal Code Chapter, being Chapter 740, "Street Vending", that reflects Council's decision, 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, and City Council further direct that, in the event of any conflict between the schedules to the reports (March 4, 2014) and (March 31, 2014) from the Executive Director, Municipal Licensing and Standards and the City Council decision, the City Council decision shall govern.

 

29.       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.

 

30.       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.

 

31.       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.

 

32.       In the event City Council's decisions on this Item require amendments to Chapter 27, Council Procedures, City Council direct the City Clerk to give the required public notice and the appropriate City Officials bring the required amendments to the May 26 meeting of the Licensing and Standards Committee.

City Council Decision Advice and Other Information

Tracey Cook, Executive Director, Municipal Licensing and Standards, gave a presentation to City Council on New Opportunities for Toronto's Street Food Vendors.

 

City Council, by its deletion of Licensing and Standards Committee Recommendation 1, has established Restricted Zones and the designating of Restricted Zones as part of the Toronto Street Food Vending Program.

Public Notice Given

Background Information (Committee)

(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

Background Information (City Council)

(March 31, 2014) Supplementary report from the Executive Director, Municipal Licensing and Standards on New Opportunities for Toronto's Street Food Vendors (LS27.1a)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-68159.pdf
(April 2, 2014) Presentation from the Executive Director Municipal Licensing and Standards - New Opportunities for Torontoís Street Food Vendors (LS27.1b)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-68207.pdf

Communications (Committee)

(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

Communications (City Council)

(March 24, 2014) Letter from Judita De Marco and Michele De Marco, Taste of Toronto (CC.Main.LS27.1.7)
(March 26, 2014) Letter from Juan Restituto, Don Juan's Food Truck (CC.Supp.LS27.1.8)
(March 27, 2014) Letter from Dr. David Homer, Traffic Committee Chair, Bloor-Yorkville Business Improvement Area (CC.Supp.LS27.1.9)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-46267.pdf
(March 31, 2014) E-mail from Arron Barberien, Chair, Ontario Restaurant Hotel and Motel Association (ORHMA) Toronto Restaurant Region (CC.New.LS27.1.10)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-46290.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Cesar Palacio (Amended)

That City Council amend the Licensing and Standards Committee Recommendations as follows:

 

1.         Delete Recommendation 1 and in so doing establish Restricted Zones and the designating of Restricted Zones.

 

Recommendation to be deleted

 

1.         City Council amend the draft by-law as described in Attachment 1 to the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards by deleting references to Restricted Zones and designating Restricted Zones.

 

2.         Delete the words "five (5) hours" and insert the words "three (3) hours" in Recommendation 2a so that it now reads as follows:

 

a.         Permit food trucks to park for three (3) hours on any one block;

 

3.         Delete Recommendation 2b

 

Recommendation to be deleted

 

b.         Remove the limit on the number of Mobile Food Vending Permit holders on any block; and

 

and adopt instead  a new Recommendation 2b:

 

b.         Establish a limit of 2 Mobile Food Vending Permit holders on any one block; and

 

That City Council adopt the recommendations contained in the supplementary report (March 31, 2014) from the Executive Director, Municipal Licensing and Standards [LS27.1a], with recommendation 3 and recommendation 4 amended so that they now read as follows:

 

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 provided that the permit shall be governed by the regulations in effect at the time of issuance or approval of the permit as long as the conditions of approval continue to be complied with and any required fees are paid in accordance with Chapter 441, Fees and Charges.

 

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 50 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 three hours on the same block within a 24 hour period.

 

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.

 

Amended by motion 8a by Councillor Carroll

Vote (Amend Item) Apr-03-2014 5:31 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Part 1
Total members that voted Yes: 24 Members that voted Yes are Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Cesar Palacio, John Parker (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 13 Members that voted No are Paul Ainslie, Maria Augimeri, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Rob Ford, Norman Kelly, Peter Leon, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, James Pasternak, Karen Stintz
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:32 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Part 2
Total members that voted Yes: 23 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Raymond Cho, Vincent Crisanti, Janet Davis, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 14 Members that voted No are Paul Ainslie, Shelley Carroll, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Frank Di Giorgio, Rob Ford, Norman Kelly, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Anthony Perruzza, Karen Stintz
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:33 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Part 3
Total members that voted Yes: 25 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 12 Members that voted No are Paul Ainslie, Shelley Carroll, Josh Colle, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Rob Ford, Norman Kelly, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Karen Stintz
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:36 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Supplementary Report Recommendation 1
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Norman Kelly, Mary-Margaret McMahon
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:37 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Supplementary Report Recommendation 2
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mike Del Grande
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:39 PM

Result: Carried Majority Required - LS27.1 - Palacio - Palacio - Supplementary Report Recommendation 3 as amended
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Paula Fletcher, Rob Ford, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Janet Davis, Sarah Doucette, Mary Fragedakis, James Pasternak, David Shiner
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:39 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Supplementary Report Recommendation 4.a. and b.
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:43 PM

Result: Carried Majority Required - LS27.1 -Palacio - motion 1 - Supplementary Report Recommendation 4.c.1.
Total members that voted Yes: 24 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Raymond Cho, Vincent Crisanti, Janet Davis, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 13 Members that voted No are Paul Ainslie, Shelley Carroll, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Frank Di Giorgio, Rob Ford, Peter Leon, Josh Matlow, Mary-Margaret McMahon, James Pasternak, Anthony Perruzza, Karen Stintz
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:44 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Supplementary Report Recommendation 4.c.2. and 3.
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Maria Augimeri, Rob Ford, Norman Kelly, Mary-Margaret McMahon, Anthony Perruzza
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:45 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Supplementary Report Recommendation 4.c.4.
Total members that voted Yes: 21 Members that voted Yes are Michelle Berardinetti, Raymond Cho, Vincent Crisanti, Janet Davis, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 16 Members that voted No are Paul Ainslie, Maria Augimeri, Shelley Carroll, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Frank Di Giorgio, Rob Ford, Norman Kelly, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Anthony Perruzza, Karen Stintz, Adam Vaughan
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:47 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Supplementary Report Recommendation 4.c.5.
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:48 PM

Result: Carried Majority Required - LS27.1 - Palacio - motion 1 - Supplementary Report Recommendation 5
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:49 PM

Result: Carried Majority Required - LS27.1 - Palacio - Motion 1 - Supplementary Report Recommendation 6
Total members that voted Yes: 26 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, John Filion, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Cesar Palacio, John Parker (Chair), Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Shelley Carroll, Janet Davis, Mike Del Grande, Sarah Doucette, Paula Fletcher, Denzil Minnan-Wong, James Pasternak, Gord Perks, David Shiner, Karen Stintz, Michael Thompson
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

2 - Motion to Amend Item moved by Councillor Josh Matlow (Redundant)

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.

Ruling by Deputy Speaker John Parker
Deputy Speaker Parker ruled motion 2 by Councillor Matlow redundant due to Council's adoption of motion 1a by Councillor Palacio, as amended.


3a - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council direct that, when issues of a non-urgent nature arise in areas where vending is permitted, the Executive Director, Municipal Licensing and Standards be requested to evaluate whether or not the area should continue to permit mobile food vendors, advise the local Councillor when a vending area is being reviewed and notify the local Councillor at least 10 days in advance of a recommendation by the Executive Director, Municipal Licensing and Standards being final.  The local Councillor shall be able to request the recommendation of the Executive Director, Municipal Licensing and Standards be bumped up to the Community Council for consideration.

Vote (Amend Item (Additional)) Apr-03-2014 5:50 PM

Result: Carried Majority Required - LS27.1 - Shiner - motion 3a
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Josh Colle, Rob Ford, Josh Matlow, Mary-Margaret McMahon
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

3b - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council require that in pay and display locations, Mobile Vendors clearly display their parking receipt next to their vending permit.

Vote (Amend Item (Additional)) Apr-03-2014 5:51 PM

Result: Carried Majority Required - LS27.1 - Shiner - motion 3b
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Josh Colle, Paula Fletcher, Mary-Margaret McMahon, Denzil Minnan-Wong
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

4a - Motion to Amend Item moved by Councillor Kristyn Wong-Tam (Redundant)

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.

Ruling by Deputy Speaker John Parker
Deputy Speaker Parker ruled motion 4a by Councillor Wong-Tam redundant due to Council's adoption of motion 1a by Councillor Palacio, as amended.


4b - Motion to Amend Item (Additional) moved by Councillor Kristyn Wong-Tam (Carried)

That City Council direct the Executive Director, Municipal Licensing and Standards to issue no more than 125 mobile vending permits, inclusive of the existing 27 curb lane permits, within the next 12 months, and until she reports back to Licensing and Standards Committee in one year.

Vote (Amend Item (Additional)) Apr-03-2014 5:52 PM

Result: Carried Majority Required - LS27.1 - Wong-Tam - motion 4b
Total members that voted Yes: 22 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 15 Members that voted No are Paul Ainslie, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Rob Ford, Norman Kelly, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Karen Stintz, Michael Thompson
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

5a - Motion to Amend Item moved by Councillor Mike Layton (Amended)

That City Council not permit mobile vending within the boundaries of a Business Improvement Area, or within 50 metres of the boundary of a Business Improvement Area, during a special event organized by the Business Improvement Area, unless the food truck vendors are invited by the Business Improvement Area.

 

Amended by motion 14 by Councillor Colle

Vote (Amend Item) Apr-03-2014 5:54 PM

Result: Carried Majority Required - LS27.1 - Layton - motion 5a, as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Rob Ford, Anthony Perruzza, David Shiner
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Vote (Amend Item) Apr-03-2014 5:57 PM

Result: Carried Majority Required - LS27.1 - Layton - motion 5a, as amended - REVOTE
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Motion to Reconsider Vote moved by Councillor Michael Thompson (Carried)

That in accordance with Chapter 27, Council Procedures, City Council reconsider the vote on motion 5a, as amended, by Councillor Layton.

Vote (Reconsider Vote) Apr-03-2014 5:56 PM

Result: Carried Two-Thirds Required - LS27.1 - Reconsider the vote on motion 5a, as amended
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

5b - Motion to Amend Item (Additional) moved by Councillor Mike Layton (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the appropriate City divisions, to report to the Licensing and Standards Committee on possible waste reduction and collection policies that could be included as conditions of street food vending permits.

Vote (Amend Item (Additional)) Apr-03-2014 5:58 PM

Result: Carried Majority Required - LS27.1 - Layton - motion 5b
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Josh Colle, Rob Ford, Denzil Minnan-Wong, Karen Stintz
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

6 - Motion to Amend Item (Additional) moved by Councillor Gloria Lindsay Luby (Lost)

That City Council request the Executive Director, Municipal Licensing and Standards to consider prohibiting a mobile vending zone from being established on Eglinton Avenue West between Martingrove Road and Scarlett Avenue due to traffic safety issues and the past history of this area.

Vote (Amend Item (Additional)) Apr-03-2014 5:58 PM

Result: Lost Majority Required - LS27.1 - Lindsay Luby - motion 6
Total members that voted Yes: 18 Members that voted Yes are Michelle Berardinetti, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Cesar Palacio, John Parker (Chair), Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 19 Members that voted No are Paul Ainslie, Maria Augimeri, Shelley Carroll, Josh Colle, Mike Del Grande, Frank Di Giorgio, Rob Ford, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

7 - Motion to Amend Item moved by Councillor Gord Perks (Carried)

That City Council amend Licensing and Standards Recommendation 18 by deleting the words "including any issues of noise, idling and environmental impacts of using generators" and inserting the words "and with recommendations for reducing the impacts of noise, idling and environmental impacts of using generators; and with recommendations for reducing the impact of discharges to the City's sanitary sewer system" so that it now reads as follows:

 

18.               City Council direct the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee in one year on the impact of the new regulations on street food vending in Toronto, and with recommendations for reducing the impacts of noise, idling and environmental impacts of using generators; and with recommendations for reducing the impact of discharges to the City's sanitary sewer system.

Vote (Amend Item) Apr-03-2014 5:59 PM

Result: Carried Majority Required - LS27.1 - Perks - motion 7
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Rob Ford, John Parker (Chair)
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

8a - Motion to Amend Motion moved by Councillor Shelley Carroll (Carried)

That Recommendation 3 in motion 1 by Councillor Palacio be amended by deleting the words "or approval of the permit as long as the conditions of approval continue to be complied with and any required fees are paid in accordance with Chapter 441, Fees and Charges" and inserting the words "until December 31, 2020, at which time they must obtain a Mobile Food Vending Permit in order to continue operating curbside." so that it now reads as follows:

 

3.         City Council permit the existing R55 Curb Lane Vending Permit holders to continue operating under the terms of their current permit provided that the permit shall be governed by the regulations in effect at the time of issuance until December 31, 2020, at which time they must obtain a Mobile Food Vending Permit in order to continue operating curbside.

Vote (Amend Motion) Apr-03-2014 5:28 PM

Result: Carried Majority Required - LS27.1 - Carroll - motion 8a
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Paula Fletcher, Rob Ford, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Cesar Palacio, John Parker (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Sarah Doucette, John Filion, Mary Fragedakis, Norman Kelly, Pam McConnell, Denzil Minnan-Wong, Gord Perks, David Shiner
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

8b - Motion to Amend Motion moved by Councillor Shelley Carroll (Redundant)

That Recommendation 8 in motion 4a by Councillor Wong-Tam be amended by deleting the date "December 31, 2016" and inserting the date "December 31, 2020" so that it now reads as follows:

 

8.         City Council permit the existing R55 Curb Lane Vending Permit holders to continue operating as is until December 31, 2020, at which time they must obtain a Mobile Food Vending Permit to continue operating curbside.

Ruling by Deputy Speaker John Parker
Deputy Speaker Parker ruled motion 8b by Councillor Carroll redundant due to Council's adoption of motion 1a by Councillor Palacio, as amended.


9a - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That:

 

1.         City Council, to help ensure the integrity of the one permit per person regulation, require street vending permits and renewals to be issued in person only to the permit holders, upon presentation of identification.

 

2.         City Council, to ensure that food trucks do not inadvertently rent space in illegal locations, direct the Executive Director, Municipal Licensing and Standards, to maintain a list of licensed parking lots in commercial zones and make it a requirement that mobile food vendors who operate in commercial parking lots may only operate in properties on this list.

Vote (Amend Item (Additional)) Apr-03-2014 6:00 PM

Result: Carried Majority Required - LS27.1 - Filion - motion 9a
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Josh Colle, Frank Di Giorgio, Josh Matlow, John Parker (Chair), James Pasternak, Gord Perks, Karen Stintz
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

9b - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That:

 

1.         City Council, to encourage new small business entrepreneurs, authorize the appropriate Community Council, at the request of the local ward Councillor, to designate a particular street vending location for entrepreneurs introducing new products, or variations of products, as identified by the General Manager, Economic Development and Culture.

Vote (Amend Item (Additional)) Apr-03-2014 6:01 PM

Result: Carried Majority Required - LS27.1 - Filion - motion 9b
Total members that voted Yes: 22 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Peter Leon, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, John Parker (Chair), Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 15 Members that voted No are Paul Ainslie, Shelley Carroll, Janet Davis, Mike Del Grande, Rob Ford, Norman Kelly, Gloria Lindsay Luby, Josh Matlow, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Gord Perks, David Shiner, Karen Stintz, Michael Thompson
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

9c - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That in the event City Council's decisions on this Item require amendments to Chapter 27, Council Procedures, City Council direct the City Clerk to give the required public notice and the appropriate City Officials bring the required amendments to the May 26 meeting of the Licensing and Standards Committee.

Vote (Amend Item (Additional)) Apr-03-2014 6:02 PM

Result: Carried Majority Required - LS27.1 - Filion - motion 9c
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Rob Ford, David Shiner
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

10a - Motion to Amend Item moved by Councillor Janet Davis (Carried)

That City Council authorize the Executive Director, Municipal Licensing and Standards to exercise her discretion to approve a Mobile Vending Zone despite receiving one or more objections prior to determining whether an appeal to Community Council is required.

Vote (Amend Item) Apr-03-2014 6:05 PM

Result: Carried Majority Required - LS27.1 - Davis - motion 10a
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, John Parker (Chair), Gord Perks, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 13 Members that voted No are Raymond Cho, Vincent Crisanti, Mike Del Grande, Frank Di Giorgio, John Filion, Rob Ford, Mary Fragedakis, Josh Matlow, Mary-Margaret McMahon, Cesar Palacio, James Pasternak, Anthony Perruzza, David Shiner
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

10b - Motion to Amend Item (Additional) moved by Councillor Janet Davis (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards to include in her next report, any impacts on the demand for enforcement and any additional resources necessary to effectively implement this program.

Vote (Amend Item (Additional)) Apr-03-2014 6:07 PM

Result: Carried Majority Required - LS27.1 - Davis - motion 10b
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Josh Colle, Frank Di Giorgio, Rob Ford, Mary-Margaret McMahon, Anthony Perruzza
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

11 - Motion to Amend Item moved by Councillor Joe Mihevc (Redundant)

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.

 

Ruling by Deputy Speaker John Parker
Deputy Speaker Parker ruled motion 11 by Councillor Mihevc redundant due to Council's adoption of motion 1a by Councillor Palacio, as amended.


12 - Motion to Amend Motion moved by Mayor Rob Ford (Lost)

That motion 1 by Councillor Palacio be amended by deleting the words "within 50 linear metres" and replacing them with "directly in front" so that the recommendation now reads:

 

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

 

1.        No Mobile Food Vending Permit holders shall vend directly in front 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.

 

And that Licensing and Standards Committee Recommendation 2.c. be amended accordingly.

Vote (Amend Motion) Apr-03-2014 5:29 PM

Result: Lost Majority Required - LS27.1 - Mayor Ford - motion 12
Total members that voted Yes: 4 Members that voted Yes are Glenn De Baeremaeker, Rob Ford, Peter Leon, Josh Matlow
Total members that voted No: 33 Members that voted No are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

13a - Motion to Amend Motion moved by Councillor Adam Vaughan (Redundant)

That recommendation 4.c.4 in motion 2 by Councillor Matlow be amended by adding the words "or more than five (5) consecutive hours in any one location over two calendar days" so that it now reads as follows:

 

4.         No Mobile Food Vending Permit holders shall operate for more than five hours on the same block within a calendar day or more than five (5) consecutive hours in any one location over two calendar days.

Ruling by Deputy Speaker John Parker
Deputy Speaker Parker ruled motion 13a by Councillor Vaughan redundant due to Council's adoption of motion 1a by Councillor Palacio, as amended.


13b - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee on how Queen Street south of Nathan Philips Square can be designated as a special vending area in order to showcase the best of street vending in the City.

Vote (Amend Item (Additional)) Apr-03-2014 6:08 PM

Result: Carried Majority Required - LS27.1 - Vaughan - motion 13b
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Rob Ford, Norman Kelly, Cesar Palacio, David Shiner
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

13c - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Lost)

That City Council not permit Mobile Food Vendors to operate adjacent to a sidewalk with a width of less than 2.5 metres.

Vote (Amend Item (Additional)) Apr-03-2014 6:09 PM

Result: Lost Majority Required - LS27.1 - Vaughan - motion 13c
Total members that voted Yes: 17 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Sarah Doucette, Mike Layton, Gloria Lindsay Luby, Pam McConnell, Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 20 Members that voted No are Paul Ainslie, Michelle Berardinetti, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Peter Leon, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, John Parker (Chair), Anthony Perruzza, Karen Stintz
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

14 - Motion to Amend Motion moved by Councillor Josh Colle (Carried)

That City Council amend motion 5a by Councillor Layton by inserting the words "and events in public squares where food vendors are required to pay fees to participate" so that it now reads as follows:

 

That City Council not permit mobile vending within the boundaries of a Business Improvement Area, or within 50 metres of the boundary of a Business Improvement Area, during a special event organized by the Business Improvement Area and events in public squares where food vendors are required to pay fees to participate, unless the food truck vendors are invited by the Business Improvement Area.

Vote (Amend Motion) Apr-03-2014 5:53 PM

Result: Carried Majority Required - LS27.1 - Colle - motion 14
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Rob Ford, Anthony Perruzza, David Shiner
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-03-2014 6:10 PM

Result: Carried Majority Required - LS27.1 - Adopt the item as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Denzil Minnan-Wong, David Shiner, Adam Vaughan
Total members that were Absent: 8 Members that were absent are Ana Bail„o, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, Frances Nunziata

Point of Privilege by Councillor Cesar Palacio

Councillor Palacio, rising on a Point of Privilege, stated that during Councillor McMahon's remarks, it was implied that he supported the Licensing and Standards Committee's recommendations on this Item.

Ruling by Deputy Speaker John Parker
Deputy Speaker Parker did not accept the Point of Privilege.


Point of Privilege by Councillor Janet Davis

Councillor Davis, rising on a Point of Privilege, stated that lobbyists in the Council Chamber were giving direction to Members of Council on how to vote and requested the Deputy Speaker to advise them not to interfere with the vote.

Ruling by Deputy Speaker John Parker
Deputy Speaker Parker accepted the Point of Privilege and cautioned the public in the Council Chamber to refrain from commenting on how Members of Council should vote on the Item.


Point of Order by Councillor Gord Perks
Councillor Perks, rising on a Point of Order, asked the Deputy Speaker to clarify the purpose of motion 9c by Councillor Filion, as Council had already adopted recommendations on this Item.
Ruling by Deputy Speaker John Parker
Deputy Speaker Parker accepted the Point of Order and asked the City Clerk to respond.

The Director, Secretariat, advised Council that portions of Council's decision on this Item will require amendments to the delegation provisions of Chapter 27, Council Procedures. Motion 9c by Councillor Filion ensures that the required notice of these amendments is given.

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Frances Nunziata - as her brother is an agent for the Toronto Restaurant Association.

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

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1.         City Council amend the draft by-law as described in Attachment 1 to the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards by deleting references to Restricted Zones and designating Restricted Zones.

 

2.         City Council amend the draft by-law, as described in Attachment 1 to the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards, to:

 

a.         Permit food trucks to park for five (5) hours on any one block;

 

b.         Remove the limit on the number of Mobile Food Vending Permit holders on any block; and

 

c.         Mobile Food Vending Permit holders will be required to be 50 linear metres from a licensed eating establishment that is open and operating.

 

3.         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 to the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards, as amended by Recommendations 1 and 2 above, and subject to any refinements as may be identified by the Executive Director, Municipal Licensing and Standards and the City Solicitor.

 

4.         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.

 

5.         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.

 

6.         City Council approve the amendments to Toronto Municipal Code Chapter 545, Licensing, as described in Attachment 2 to the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards.

 

7.         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

 

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

 

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

 

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. 

 

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

 

12.       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.

 

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

 

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

 

15.       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. 

 

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

 

17.       City Council direct 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. 

 

18.             City Council direct the Executive Director, Municipal Licensing and Standards to 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. 

 

19.       City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the General Manager of Economic Development and Culture to report back to the appropriate City Committee on the viability of directing a portion of new permit revenues to City programs in support of Business Improvement Areas.

Decision Advice and Other Information

The Licensing and Standards Committee requested the Executive Director, Municipal Licensing and Standards to report directly to City Council on the following:

 

1.         How City staff will ensure enforcement of the one permit per person rule for both new and existing vendors.

 

2.         A method to ensure that, if vendors are operating from private parking lots, that such lots are properly zoned and licensed.

 

3.         How restaurants wishing to vend food prepared in their kitchens on the sidewalk in front of their restaurants can obtain permits for a minimal charge, subject to them meeting the sidewalk space requirements but not subject to the 25 metre limiting distance.

 

4.         How, in consultation with the General Manager, Economic Development and Culture, and local councillors, some locations can be identified for the incubation of new businesses introducing new products.

 

The Executive Director, Municipal Licensing and Standards, and the Director, Policy and Strategic Support, Municipal Licensing and Standards, gave a presentation.

Origin

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

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.

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

Speakers

Janice Solomon, Toronto Entertainment District BIA
Darcy Higgins, Executive Director, Food Forward (Submission Filed)
John Nunziata, Barrister & Solicitor, John Nunziata LL.B
Arron Barberian , Chair, Toronto Restaurant Industry
Kevin Currie, Chair, Toronto Waterfront BIA
Zane Caplansky, Caplanskyís Delicatessen
Judita DeMarco, Taste of Toronto - Curblane Vending
Ioann Horvath
Andrew McAllister, Network Committee Co-Lead, Toronto Youth Food Policy Council
Graeme Smith, Gorilla Cheese
Shontelle Pinch, Gourmet B1tches
Melinda Horvath
Scott Fraser, Hogtown Smoke
Scott Danyshyn, Urban Smoke
Evis Chirowamhangu, Mnandi Pies
Natalia Martinez Martinez, Cookie Martinez
Carlos Flores, No. 7 Hot Sauce
Brittney Pawlick, Curbalicious
John Kiru, Executive Director, Toronto Association of Business Improvement Areas (TABIA)
Robert Sysak, West Queen West
Ashley Barber, Fashion Truck Canada
Emily Dobble, Fashion Truck Canada
Peter Bougadis
Juan Restituto
Marianne Moroney, Executive Director, Street Food Vendor's Association
William Randolph, The Feisty Jack
Al Carbone, Kit Kat Restaurant
Mike Mavrogiannis, Freezer Fresh
Jim Marinos, Jimmy's Fine Foods
Councillor Josh Colle

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Mary-Margaret McMahon (Carried)

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.


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

That the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards be amended to:

 

1.         Permit food trucks to park for five (5) hours on any one block;

 

2.         Remove the limit on the number of Mobile Food Vending Permit holders on any block; and

 

3.         Mobile Food Vending Permit holders will be required to be 50 linear metres from a licensed eating establishment that is open and operating.


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

That City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the General Manager of Economic Development and Culture to report back to the appropriate City Committee on the viability of directing a portion of new permit revenues to City programs in support of Business Improvement Areas.


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

That the Executive Director, Licensing and Standards Division report directly to Council on the following:

 

1.         How City staff will ensure enforcement of the one permit per person rule for both new and existing vendors.

 

2.         A method to ensure that, if vendors are operating from private parking lots, that such lots are properly zoned and licensed.

 

3.         How restaurants wishing to vend food prepared in their kitchens on the sidewalk in front of their restaurants can obtain permits for a minimal charge, subject to them meeting the sidewalk space requirements but not subject to the 25 metre limiting distance.

 

4.         How, in consultation with the General Manager, Economic Development and Culture, and local councillors, some locations can be identified for the incubation of new businesses introducing new products.


5 - Motion to Amend Item (Additional) moved by Councillor Cesar Palacio (Withdrawn)

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.


6 - Motion to Withdraw a Motion moved by Councillor Cesar Palacio (Carried)

That Motion 5 by Councillor Palacio be withdrawn.


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