Item - 2015.LS3.1

Tracking Status

LS3.1 - Chapter 740, Street Vending - One Year Review

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

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.

Public Notice Given

Background Information (Committee)

(April 7, 2015) Report from the Executive Director, Municipal Licensing and Standards on Chapter 740, Street Vending - One Year Review
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-78934.pdf
(April 21, 2015) Presentation from Municipal Licensing and Standards on Chapter 740, Street Vending - One Year Bylaw Review
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-79230.pdf

Communications (Committee)

(March 31, 2015) Letter from Bernard B. Gasee, Barrister and Solicitor, GCY Gasee, Cohen & Youngman (LS.Main.3.1.1)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-52243.pdf
(April 17, 2015) E-mail from Briar de Lange, Executive Director, Bloor-Yorkville BIA on behalf of Ron Palmer, Planning Preservation and Urban Design Committee Chair, Bloor-Yorkville BIA (LS.New.3.1.2)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-52368.pdf
(April 20, 2015) E-mail from Justine Smith submitting a letter from Janice Solomon, Executive Assistant, Toronto Entertainment District BIA (LS.New.3.1.3)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-52395.pdf

Communications (City Council)

(May 1, 2015) Letter from Ron Palmer, Committee Chair, Bloor-Yorkvile BIA (CC.Supp.LS3.1.4)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-52515.pdf
(May 4, 2015) E-mail from Juan Restituto (CC.New.LS3.1.5)

Motions (City Council)

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

That:

 

1.  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.

Vote (Amend Item (Additional)) May-05-2015 3:13 PM

Result: Carried Majority Required - LS3.1 - Filion - motion 1
Total members that voted Yes: 42 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Rob Ford
Total members that were Absent: 2 Members that were absent are Chin Lee, Denzil Minnan-Wong

2 - Motion to Amend Item moved by Councillor Ron Moeser (Lost)

That City Council amend Recommendation 3.e by inserting the words "but not larger than 5 square metres" so that it now reads as follows:

 

3.e  allow an expanded designated area, larger than 3.48 square metres but not larger than 5 square metres, where the Executive Director has determined that the location can accommodate extra space provided that doing so would not contravene Chapter 740;

Vote (Amend Item) May-05-2015 3:10 PM

Result: Lost Majority Required - LS3.1 - Moeser - motion 2
Total members that voted Yes: 21 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Janet Davis, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Jim Karygiannis, Norman Kelly, Mike Layton, Ron Moeser, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 22 Members that voted No are Michelle Berardinetti, Jon Burnside, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, John Filion, Rob Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Cesar Palacio, James Pasternak, Jaye Robinson, John Tory
Total members that were Absent: 2 Members that were absent are Chin Lee, Denzil Minnan-Wong

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

That:

 

1.  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.


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


3.  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.

Vote (Amend Item (Additional)) May-05-2015 3:14 PM

Result: Carried Majority Required - LS3.1 - Layton - motion 3 - Part 1
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Justin J. Di Ciano, Rob Ford, Mark Grimes, Stephen Holyday, Giorgio Mammoliti
Total members that were Absent: 2 Members that were absent are Chin Lee, Denzil Minnan-Wong

Vote (Amend Item (Additional)) May-05-2015 3:15 PM

Result: Carried Majority Required - LS3.1 - Layton - motion 3 - Part 2
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Norman Kelly, Mike Layton, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 9 Members that voted No are Jon Burnside, John Campbell, Josh Colle, Frank Di Giorgio, Rob Ford, Stephen Holyday, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon
Total members that were Absent: 1 Members that were absent are Chin Lee

Vote (Amend Item (Additional)) May-05-2015 3:16 PM

Result: Carried Majority Required - LS3.1 - Layton - motion 3 - Part 3
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Jon Burnside, Josh Colle, Giorgio Mammoliti, Mary-Margaret McMahon, Anthony Perruzza
Total members that were Absent: 1 Members that were absent are Chin Lee

4 - Motion to Amend Item (Additional) moved by Councillor Anthony Perruzza (Lost)

That:

 

1.  City Council direct the Executive Director, Municipal Licensing and Standards report in the first quarter of 2016 on the feasibility of a hybrid street food vending model which includes a combination of mobile and designated spaces.

Vote (Amend Item (Additional)) May-05-2015 3:17 PM

Result: Lost Majority Required - LS3.1 - Perruzza - motion 4
Total members that voted Yes: 13 Members that voted Yes are Maria Augimeri, Christin Carmichael Greb, Raymond Cho, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mike Layton, Pam McConnell, James Pasternak, Anthony Perruzza, David Shiner
Total members that voted No: 31 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, John Filion, Rob Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 1 Members that were absent are Chin Lee

5a - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That City Council approve an amendment to Chapter 740, Street Vending ("Chapter 740") to 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.

Vote (Amend Item (Additional)) May-05-2015 3:18 PM

Result: Carried Majority Required - LS3.1 - Fletcher - motion 5a
Total members that voted Yes: 39 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Paul Ainslie, John Campbell, Gary Crawford, Rob Ford, Josh Matlow
Total members that were Absent: 1 Members that were absent are Chin Lee

5b - Motion to Amend Item (Additional) moved by Councillor Paula Fletcher (Carried)

That 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.

Vote (Amend Item (Additional)) May-05-2015 3:19 PM

Result: Carried Majority Required - LS3.1 - Fletcher - motion 5b
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are John Campbell, Rob Ford, Giorgio Mammoliti, Denzil Minnan-Wong, James Pasternak, David Shiner
Total members that were Absent: 1 Members that were absent are Chin Lee

6 - Motion to Amend Item (Additional) moved by Councillor Jaye Robinson (Carried)

That:

 

1.  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.

Vote (Amend Item (Additional)) May-05-2015 3:20 PM

Result: Carried Majority Required - LS3.1 - Robinson - motion 6
Total members that voted Yes: 42 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Rob Ford, Giorgio Mammoliti
Total members that were Absent: 1 Members that were absent are Chin Lee

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

That:

 

1.  City Council delete Licensing and Standards Committee Recommendation 3.a.:

 

Recommendation to be deleted:

 

"a. clarify that a limit of only one permit under Chapter 740 will be issued to each business licence holder to vend in accordance with this municipal code chapter;"

 

And replacing it with the following new Recommendation 3.a.:

 

"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;"

 

2.  City Council delete Licensing and Standards Committee Recommendation 3.g.

Vote (Amend Item) May-05-2015 3:12 PM

Result: Carried Majority Required - LS3.1 - Palacio - motion 7
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 4 Members that voted No are Norman Kelly, Ron Moeser, David Shiner, Kristyn Wong-Tam
Total members that were Absent: 2 Members that were absent are Chin Lee, Denzil Minnan-Wong

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-05-2015 3:21 PM

Result: Carried Majority Required - LS3.1 - Adopt the item as amended
Total members that voted Yes: 43 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 1 Members that were absent are Chin Lee

LS3.1 - Chapter 740, Street Vending - One Year Review

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1.  City Council approve amendments to Chapter 441, Fees, 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 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 approve amendments to Chapter 740, Street Vending ("Chapter 740") to:

 

a.  clarify that a limit of only one permit under Chapter 740 will be issued to each business licence holder to vend in accordance with this municipal code chapter;

 

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; and

 

g.  restrict the distribution or giving away of goods or services for free unless a permit is issued under Chapter 740.

 

h.  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."

 

4.  City Council direct the Executive Director 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 recommendation 3(c) directly to City Council for enactment.

 

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

Decision Advice and Other Information

The Licensing and Standards Committee:

 

A. Requested the Executive Director, Municipal Licensing and Standards to:

 

i.  meet with the General Manager, Economic Development and Culture, the Toronto Food Truck Association, other interested vendors, and TABIA to explore opportunities for food trucks to work collaboratively with business improvement areas where they operate within their boundaries and report back to the Licensing and Standards Committee on the discussions held;

 

ii.  report back in the first quarter of 2016 on options to create three or more designated curbside spaces for food trucks;

 

iii.  undertake a review and report back to the Licensing and Standards Committee on the feasibility of allowing the R55 Designated Curblane vending trucks to continue beyond 2020, and to transfer the right to continue operation in designated spaces to his/her spouse and/or children under the age of 18 at the time of their passing, until the children reach the age of majority; and

 

iv.  immediately investigate the possibility of vending locations in Scarborough, North York and Etobicoke and report back to the Licensing and Standards Committee.

Origin

(April 7, 2015) Report from the Executive Director, Municipal Licensing and Standards

Summary

At its meeting of April 1, 2014, City Council adopted a new by-law, Chapter 740, Street Vending, which provided new opportunities for food trucks, ice cream trucks and food carts to operate curbside, on sidewalks and in parking lots across Toronto. The by-law took effect on May 15, 2014.

 

Municipal Licensing and Standards has completed a review of the new by-law, a comparison scan of other North American cities, and stakeholder and public consultation. This report recommends amendments to the by-law to provide further opportunities for street food vendors.

 

The Street Food Working Group reconvened to provide input into and facilitate the one year review of the by-law.

Background Information

(April 7, 2015) Report from the Executive Director, Municipal Licensing and Standards on Chapter 740, Street Vending - One Year Review
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-78934.pdf
(April 21, 2015) Presentation from Municipal Licensing and Standards on Chapter 740, Street Vending - One Year Bylaw Review
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-79230.pdf

Communications

(March 31, 2015) Letter from Bernard B. Gasee, Barrister and Solicitor, GCY Gasee, Cohen & Youngman (LS.Main.3.1.1)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-52243.pdf
(April 17, 2015) E-mail from Briar de Lange, Executive Director, Bloor-Yorkville BIA on behalf of Ron Palmer, Planning Preservation and Urban Design Committee Chair, Bloor-Yorkville BIA (LS.New.3.1.2)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-52368.pdf
(April 20, 2015) E-mail from Justine Smith submitting a letter from Janice Solomon, Executive Assistant, Toronto Entertainment District BIA (LS.New.3.1.3)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-52395.pdf

Speakers

Tony Elenis, President & CEO, Ontario Restaurant Hotel & Motel Association (ORHMA)
Zane Caplansky, Caplansky's Deli
Robert Sysak, Executive Director, West Queen West BIA
Mike Mavrogiannis
Peter Bougadis
Juan Restituto
John Kiru, TABIA
Steve Fernandes
Marianne Moroney, Street Vendors' Association
Daniel Ilmer, Fit To Grill Inc.
Scott Danyshyn
Bernard B. Gasee, Barrister and Solicitor, Gasee, Cohen and Youngman
Briar de Lange, Executive Director, Bloor-Yorkville BIA
Randy Kangal, T.F.T. Randy's Roti and Doubles
Tony Gauch
Garo Garabedian
Councillor Mary-Margaret McMahon
Councillor Shelley Carroll

Motions

1a - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Carried)

That:

 

1.  City Council 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."

Vote (Amend Item (Additional)) Apr-21-2015

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Josh Matlow, Cesar Palacio (Chair)
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 0 Members that were absent are

1b - Motion to Amend Motion moved by Councillor Cesar Palacio (Carried)

That motion 1c by Councillor Matlow be amended by adding the following words:

 

"and report back to the Licensing and Standards Committee on the discussions held." after the word "boundaries".

 

Vote (Amend Motion) Apr-21-2015

Result: Carried Majority Required
Total members that voted Yes: 6 Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Giorgio Mammoliti, Josh Matlow, Cesar Palacio (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are

1c - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Carried)

That the Executive Director, Municipal Licensing and Standards be requested to meet with the General Manager, Economic Development and Culture, the Toronto Food Truck Association, other interested vendors, and TABIA to explore opportunities for food trucks to work collaboratively with business improvement areas where they operate within their boundaries and report back to the Licensing and Standards Committee on the discussions held.

Vote (Amend Item (Additional)) Apr-21-2015

Result: Carried Majority Required
Total members that voted Yes: 6 Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Giorgio Mammoliti, Josh Matlow, Cesar Palacio (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are

2a - Motion to Amend Item (Additional) moved by Councillor Jim Karygiannis (Carried)

That:

 

1.  Staff undertake a review and report back to the Licensing and Standards Committee on the feasibility of allowing the R55 Designated Curblane vending trucks to continue beyond 2020, and to transfer the right to continue operation in designated spaces to his/her spouse and/or children under the age of 18 at the time of their passing, until the children reach the age of majority.


2b - Motion to Amend Item (Additional) moved by Councillor Jim Karygiannis (Redundant)

That:

 

1.  City Council amend S. 740-17 A(3) to read "vend within 35 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."


2c - Motion to Amend Motion moved by Councillor Cesar Palacio (Lost)

That motion 2a by Councillor Karygiannis be amended by deleting the words "and to transfer the right to continue operation in designated spaces to his/her spouse and/or children under the age of 18 at the time of their passing, until the children reach the age of majority." so that the motion will read as follows:

 

"1. Staff undertake a review and report back to the Licensing and Standards Committee on the feasibility of allowing the R55 Designated Curblane vending trucks to continue beyond 2020."


3 - Motion to Amend Item (Additional) moved by Councillor Giorgio Mammoliti (Carried)

That the Executive Director, Municipal Licensing and Standards be requested to immediately investigate the possibility of vending locations in Scarborough, North York and Etobicoke and report back to the Licensing and Standards Committee.


4a - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Carried)

That:

 

1.  Staff report back in the first quarter of 2016 on options to create three or more designated curbside spaces for food trucks.


4b - Motion to Withdraw a Motion moved by Councillor Glenn De Baeremaeker (Carried)

4c - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Withdrawn)

That the exclusion zone from restaurants be reduced to 15 metres from the start of the Pan Am Games to the conclusion of the Para Pan Am Games.


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