Item - 2015.LS3.1

City Council on May 5, 6 and 7, 2015, adopted the following:

1.  City Council amend Chapter 441, Fees and Charges, by adding the following new permit fees for 2015, subject to annual inflation and approve incidental changes to Chapter 740, Street Vending to allow 6 month and 9 month permits in addition to annual permits:

a.  6 Month Mobile Food Vending Permit: $2,597.69;

b.  9 Month Mobile Food Vending Permit: $3,896.54;

c.  6 Month Ice Cream Vending Permit: $269.26; and

d.  9 Month Ice Cream Vending Permit: $403.90.

2.  City Council authorize the Executive Director, Municipal Licensing and Standards, in transitioning in 2015 only to the new permit fees described in Part 1 above, and for any current permit holder of a Mobile Food Vending Permit or Ice Cream Vending Permit, to issue a renewal permit for less than six months and at a fee based on prorating the applicable permit fee.

3.  City Council amend Chapter 740, Street Vending ("Chapter 740") to:

a. clarify that multiple Mobile Food Vending Permits and multiple Ice Cream Vending Permits may be issued to a person under Chapter 740 and clarify that a permit will grant the permit holder the right to vend, but from only the motorized refreshment vehicle identified in the permit;

b.  include all pay and display parking spaces on Collector Roadways as defined in Chapter 950, Traffic and Parking and the City's Road Classification System as designated vending locations;

c. change the current time-based limit for vending on the same block within a 24-hour period to 5 hours, provided that all other regulations are followed;

d.  allow Mobile Food Vending Permit holders to place a garbage, recycling and/or organics container on the sidewalk or boulevard provided that the container does not obstruct pedestrian or vehicular passage and is removed after the vending;

e.  allow an expanded designated area, larger than 3.48 square metres, where the Executive Director has determined that the location can accommodate extra space provided that doing so would not contravene Chapter 740;

f.  define a "school" as an elementary or high school;

g.  amend S.740-17 A(3) to read "vend within 30 linear metres, measured from the centre point of the main entrance of an eating establishment during those hours when this eating establishment is open and operating"; and

h. include notification to the local Ward Councillor when an application to designate a mobile vending zone is received by the Executive Director, Municipal Licensing and Standards.

4.  City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor, to draft provisions in Chapter 740 to authorize municipal standards officers and police officers to seize and remove carts, motorized and non-motorized refreshment vehicles, goods, food and merchandise where a person contravenes provisions in Chapter 740.

5.  City Council authorize the City Solicitor to introduce incidental amendments to the City's traffic and parking by-laws necessary to implement Part 3.c. above directly to City Council for enactment.

6.  City Council direct that the changes come into force on May 14, 2015.

7. City Council request the Executive Director, Municipal Licensing and Standards to review the list of locations in Chapter 740, Street Vending to ensure that no local streets are included as mobile vending zones.

8.  City Council direct the Executive Director, Municipal Licensing and Standards, to ensure proactive enforcement of by-law infractions under Chapter 740, where such infractions are reported on a frequent basis and where special events involving food sales are taking place in public squares.

9.  City Council direct the Executive Director, Municipal Licensing and Standards to undertake an assessment of the current staffing levels and deployment of staff and take the necessary action to improve the timeliness of response and approaches to complaints related to illegal vending.

10.  City Council direct the Executive Director, Municipal Licensing and Standards to report through the 2016 budget process with the necessary staffing enhancements and/or complement and budget increase to improve the service levels for enforcement of this by-law.

11.  City Council direct that as part of the User Fee review, the Executive Director, Municipal Licensing and Standard report on a cost recovery approach to licensing and enforcement for street vending permits.

12.  City Council direct the Executive Director, Municipal Licensing and Standards, to report to the Licensing and Standards Committee in the second quarter of 2015 with recommendations to reduce the environmental impact of food trucks, including impacts related to noise, idling, emissions, generator use and discharges into the City's sanitary sewer system.