Item - 2017.LS18.3

Tracking Status

  • City Council adopted this item on April 26, 2017 with amendments.
  • This item was considered by Licensing and Standards Committee on April 18, 2017 and was adopted with amendments. It will be considered by City Council on April 26, 2017.

LS18.3 - Review of Chapter 510, Holiday Shopping - Next Steps

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 26, 27 and 28, 2017, adopted the following:

 

1. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to conduct public consultations on the impact of expanding the application of the prepared meals exemption in the Holiday Shopping By-law to beyond restaurants to permit other retailers who serve prepared meals to operate on public holidays.

 

2. City Council direct the Executive Director, Municipal Licensing and Standards to include consultation with the Ontario/Toronto Coalition for Better Child Care about holiday shopping as part of the forthcoming report in October 2017.

 

3. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (April 10, 2017) from the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege and relates to litigation or potential litigation.

 

Confidential Attachment 1 to the report (April 10, 2017) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice which is subject to solicitor-client privilege and relates to litigation or potential litigation. 

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations, and advice or communications that are subject to solicitor-client privilege.

Background Information (Committee)

(March 31, 2017) Report from the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture on Review of Chapter 510, Holiday Shopping- Next Steps
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-102514.pdf

Communications (Committee)

(April 18, 2017) Submission from Claire Santamaria, Director and General Manager, Yorkdale Shopping Centre, Oxford Properties Group (LS.New.LS18.3.1)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68814.pdf
(April 18, 2017) Submission from Christine Conner, President, Unifor Local 414 (LS.New.LS18.3.2)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68827.pdf
(April 18, 2017) Letter from Don Cha, Ontario Korean Businessmen's Association (LS.New.LS18.3.3)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68830.pdf
(April 18, 2017) Submission from Dave Bryans, CEO, Ontario Convenience Stores Association (LS.New.LS18.3.4)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68831.pdf
(April 18, 2017) Submission from Greg Taylor, Square One Shopping Centre/Oxford Properties (LS.New.LS18.3.5)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68835.pdf

Communications (City Council)

(April 25, 2017) Letter from Claire Santamaria, Director and General Manager, Oxford Properties Group (CC.New.LS18.3.6)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-69093.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Paula Fletcher (Carried)

That City Council delete Licensing and Standards Committee Recommendations 2 and 3.

 

Recommendations to be deleted:

 

2. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to conduct public consultations, and to request written submissions from the public and interested parties on each of the following:

 

a. Review the remaining exemptions in Toronto Municipal Code, Chapter 510, Holiday Shopping to ensure clarity and relevance (i.e. small retail business establishments and pharmacies);


b. The criteria required for tourist area exemptions in Toronto Municipal Code, Chapter 510, Holiday Shopping to permit Business Improvement Areas and major malls to operate on public holidays; and


c. The development of an application process for retailers to request an exemption from the provisions of Toronto Municipal Code, Chapter 510, Holiday Shopping to operate on public holidays.

 

3. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report to City Council, through a joint meeting of the Licensing and Standards and Economic Development Committees, with review and consultation findings by October 2017.

Vote (Amend Item) Apr-28-2017 3:23 PM

Result: Carried Majority Required - LS18.3 - Fletcher - motion 1
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Shelley Carroll, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Stephen Holyday, Jim Karygiannis, Mike Layton, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Jon Burnside, Christin Carmichael Greb, Gary Crawford, Michael Ford, Michelle Holland, Norman Kelly, Chin Lee, Josh Matlow, Frances Nunziata (Chair), Cesar Palacio, Michael Thompson
Total members that were Absent: 6 Members that were absent are Josh Colle, Mary Fragedakis, Mark Grimes, Joe Mihevc, James Pasternak, John Tory

2 - Motion to Amend Item (Additional) moved by Councillor Chin Lee (Lost)

City Council direct that, notwithstanding the provisions of Municipal Code Chapter 510, Holiday Shopping, and in order to support TO Canada with Love and Canada 150 celebrations this July, City Council permit the following major malls to be open on Canada Day, July 1, 2017:

 

a. Yorkdale Shopping Centre located at 3401 Dufferin Street;

b. Fairview Mall, located at 1800 Sheppard Avenue East;

c.  Shops at Don Mills, located at 1090 Don Mills Road;

d.  Sherway Gardens, located at 25 The West Mall; and

e.  Scarborough Town Centre, located at 300 Borough Drive

Vote (Amend Item (Additional)) Apr-28-2017 3:25 PM

Result: Lost Majority Required - LS18.3 - Lee - motion 2
Total members that voted Yes: 7 Members that voted Yes are Jon Burnside, Michael Ford, Norman Kelly, Chin Lee, Frances Nunziata (Chair), Cesar Palacio, Michael Thompson
Total members that voted No: 31 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Kristyn Wong-Tam
Total members that were Absent: 6 Members that were absent are Josh Colle, Mary Fragedakis, Mark Grimes, Joe Mihevc, James Pasternak, John Tory

3 - Motion to Amend Item moved by Councillor Paul Ainslie (Carried)

That City Council delete Licensing and Standards Committee Recommendations 4, 5 and 6.

 

Recommendations to be deleted:

 

4. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to develop an application process for retailers to request an exemption from Toronto Municipal Code, Chapter 510, Holiday Shopping in order to operate on public holidays.

 

5. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to consider submissions from interested Business Improvement Areas and major malls for expedited exemption from the provisions of the Toronto Municipal Code, Chapter 510, Holiday Shopping.

 

6. City Council direct the Executive Director, Municipal Licensing and Standards to include consultation with worker representatives, including unions and labour stakeholders in order to ensure worker protection is considered as part of her forthcoming report on Toronto Municipal Code, Chapter 510, Holiday Shopping.

Vote (Amend Item) Apr-28-2017 3:26 PM

Result: Carried Majority Required - LS18.3 - Ainslie - motion 3
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Shelley Carroll, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Jon Burnside, Gary Crawford, Frank Di Giorgio, Michael Ford, Norman Kelly, Chin Lee, Josh Matlow, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Michael Thompson
Total members that were Absent: 6 Members that were absent are Josh Colle, Mary Fragedakis, Mark Grimes, Joe Mihevc, James Pasternak, John Tory

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-28-2017 3:27 PM

Result: Carried Majority Required - LS18.3 - Adopt the item as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, John Campbell, Christin Carmichael Greb, Shelley Carroll, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Jon Burnside, Gary Crawford, Cesar Palacio, Michael Thompson
Total members that were Absent: 6 Members that were absent are Josh Colle, Mary Fragedakis, Mark Grimes, Joe Mihevc, James Pasternak, John Tory

Motion to Waive the Rules moved by Councillor Paul Ainslie (Lost)

That City Council vary the procedures to permit Councillor Palacio to ask questions of staff.

Vote (Waive the Rules) Apr-28-2017 2:58 PM

Result: Lost Two-Thirds Required - LS18.3 - Ainslie - Waive the rules to permit questions of staff
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Neethan Shan, Michael Thompson
Total members that voted No: 19 Members that voted No are Maria Augimeri, John Campbell, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Janet Davis, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Norman Kelly, Chin Lee, Giorgio Mammoliti, Pam McConnell, Gord Perks, Jaye Robinson, David Shiner
Total members that were Absent: 7 Members that were absent are Josh Colle, Mary Fragedakis, Mark Grimes, Joe Mihevc, James Pasternak, John Tory, Kristyn Wong-Tam

Motion to End Debate moved by Councillor David Shiner (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item LS18.3 and take the vote immediately.

Vote (End Debate) Apr-28-2017 3:21 PM

Result: Carried Two-Thirds Required - LS18.3 - Shiner - End debate
Total members that voted Yes: 25 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michelle Holland, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Gord Perks, Neethan Shan, David Shiner, Kristyn Wong-Tam
Total members that voted No: 12 Members that voted No are Paul Ainslie, Vincent Crisanti, Glenn De Baeremaeker, Michael Ford, Stephen Holyday, Jim Karygiannis, Giorgio Mammoliti, Josh Matlow, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, Michael Thompson
Total members that were Absent: 7 Members that were absent are Josh Colle, Mary Fragedakis, Mark Grimes, Joe Mihevc, James Pasternak, Jaye Robinson, John Tory

Point of Order by Councillor Cesar Palacio

Councillor Palacio, rising on a Point of Order, stated that he would like to vote separately on each part of motion 1 by Councillor Fletcher.


Point of Order by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Order, stated that motion 1 by Councillor Fletcher should be voted on as a whole because if one part should pass and the other fail, Council would have a partial decision that is not practical.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Order and ruled that motion 1 by Councillor Fletcher could not be voted on in parts.

3a - Supplementary Report on Proposed Amendments and Review of Chapter 510, Holiday Shopping

Confidential Attachment - This report is about litigation or potential litigation that affects the City or one of its agencies or corporations, and contains advice or communications that are subject to solicitor-client privilege.
Background Information (Committee)
(April 10, 2017) Report from the City Solicitor on Supplementary Report on Proposed Amendments and Review of Chapter 510, Holiday Shopping
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-102847.pdf
Confidential Attachment - Chapter 510 Review

LS18.3 - Review of Chapter 510, Holiday Shopping - Next Steps

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to conduct public consultations on the impact of expanding the application of the prepared meals exemption in the Holiday Shopping By-law to beyond restaurants to permit other retailers who serve prepared meals to operate on public holidays.

 

2. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to conduct public consultations, and to request written submissions from the public and interested parties on each of the following:

 

a. Review the remaining exemptions in Toronto Municipal Code, Chapter 510, Holiday Shopping to ensure clarity and relevance (i.e. small retail business establishments and pharmacies);


b. The criteria required for tourist area exemptions in Toronto Municipal Code, Chapter 510, Holiday Shopping to permit Business Improvement Areas and major malls to operate on public holidays; and


c. The development of an application process for retailers to request an exemption from the provisions of Toronto Municipal Code, Chapter 510, Holiday Shopping to operate on public holidays.

 

3. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report to City Council, through a joint meeting of the Licensing and Standards and Economic Development Committees, with review and consultation findings by October 2017.

 

4. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to develop an application process for retailers to request an exemption from Toronto Municipal Code, Chapter 510, Holiday Shopping in order to operate on public holidays.

 

5. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to consider submissions from interested Business Improvement Areas and major malls for expedited exemption from the provisions of the Toronto Municipal Code, Chapter 510, Holiday Shopping.

 

6. City Council direct the Executive Director, Municipal Licensing and Standards to include consultation with worker representatives, including unions and labour stakeholders in order to ensure worker protection is considered as part of her forthcoming report on Toronto Municipal Code, Chapter 510, Holiday Shopping.

 

7. City Council direct the Executive Director, Municipal Licensing and Standards to include consultation with the Ontario/Toronto Coalition for Better Child Care about holiday shopping as part of her forthcoming report in October 2017.

 

8. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (April 10, 2017) from the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege and relates to litigation or potential litigation.

 

Decision Advice and Other Information

At 4:35 p.m., the Licensing and Standards Committee recessed its public session to meet in closed session to consider this item as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and receiving of advice that is subject to solicitor-client privilege.

Origin

(March 31, 2017) Report from the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture

Summary

Upon the enactment of the City of Toronto Act ("COTA"), the City was given the authority to enact its own Holiday Shopping By-law, as the provincial Retail Business Holidays Act ("RBHA") would no longer apply to the City. On December 6, 2006 the City enacted a Holiday Shopping By-law, Chapter 510. The new By-law copied the same regulations found in the RBHA.

 

On September 30, 2015, the City Solicitor submitted a report to Council on a court ruling dealing with the City's Holiday Shopping By-law. The City had been unsuccessful in a prosecution of Longo Brothers Fruit Markets Inc. (Longo's), under Toronto Municipal Code, Chapter 510, Holiday Shopping for operating two locations on a public holiday.  The City appealed that decision, however, the court once again found in Longo's favour.  In both trials, Longo's successfully argued to the court that they met the exemption provided in the By-law for premises "selling goods or services in the form of, or in connection with, prepared meals". The City had historically taken the position that this exemption applied solely to restaurants.

 

The court decision noted the ambiguity in the prepared meals exemption as no definition exists of prepared meals in either the RBHA or COTA. Furthermore, section 97 of the COTA, prevents the City from regulating operating hours, including closing times, of business establishments involved in "the selling or provision of goods or services in the form of, or in connection with, prepared meals".

 

The changing nature of business practices in retail over time is now challenging the previously accepted convention of types of businesses that meet the prepared meals exemption. This is seen with the expansion of multi-purpose grocery stores such as Longo's, with extensive prepared meals for sale alongside other more traditional grocery store items. Further, some pharmacies are now moving towards a similar model and providing food and groceries for sale. This is presenting new challenges on how to apply the exemption.

 

In order to address the concerns raised in the Longo's court ruling and respond to the changing business practices of retailers, this report proposes that staff undertake a review, including public consultations on the impact of expanding the application of the prepared meals exemption in the Holiday Shopping By-law beyond restaurants so as to permit other retailers such as grocery stores who sell prepared meals to operate on public holidays. As part of the consultation, staff will seek input on the application of the prepared meals exemption for grocery stores (e.g. operating hours, partial closure, number of employees, etc.).  Staff will report back on the outcomes of the consultations by October 2017.

 

In the process of reviewing the outcomes of the Longo's court case, staff became aware that other exemptions may also benefit from a formal review.  This report also seeks direction from City Council to undertake a review, including public consultations, on the remaining existing exemptions and additional exemptions requested by stakeholders, including:

 

- Reviewing the existing exemptions to the Holiday Shopping By-law, such as those for small retail business establishments and pharmacies, to ensure clarity and relevance.


- Reviewing the tourist area exemption to permit Business Improvement Areas and major malls to operate on public holidays.


- Developing an application process for retailers to request exemptions from the Holiday Shopping By-law.

 

This report includes the results of input from meetings with retail industry, labour, Business Improvement Areas (BIAs), and small businesses. The stakeholder input was received from May 2016 to January 2017.
 

Legal Services was consulted in the preparation of this report.

Background Information

(March 31, 2017) Report from the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture on Review of Chapter 510, Holiday Shopping- Next Steps
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-102514.pdf

Communications

(April 18, 2017) Submission from Claire Santamaria, Director and General Manager, Yorkdale Shopping Centre, Oxford Properties Group (LS.New.LS18.3.1)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68814.pdf
(April 18, 2017) Submission from Christine Conner, President, Unifor Local 414 (LS.New.LS18.3.2)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68827.pdf
(April 18, 2017) Letter from Don Cha, Ontario Korean Businessmen's Association (LS.New.LS18.3.3)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68830.pdf
(April 18, 2017) Submission from Dave Bryans, CEO, Ontario Convenience Stores Association (LS.New.LS18.3.4)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68831.pdf
(April 18, 2017) Submission from Greg Taylor, Square One Shopping Centre/Oxford Properties (LS.New.LS18.3.5)
https://www.toronto.ca/legdocs/mmis/2017/ls/comm/communicationfile-68835.pdf

Speakers

Gary Sands, Vice President, Canadian Federation of Independent Grocers and, Chair, Small Business Matters Coalition
Christine Connor, President, Unifor Local 414
Dave Bryans, Chief Executive Officer (CEO), Ontario Convenience Stores Association (OCSA)
Claire Santamaria, Director and General Manager, Yorkdale Shopping Centre, Oxford Properties Group
Namra Moledina, Square One Shopping Centre, Oxford Properties Group
Greg Taylor, Square One Shopping Centre/Oxford Properties
Gary Rygus, Director of Government Relations, Retail Council of Canada
Pam Frache, Organizer, Workers' Action Centre
Martin Wray, Cadillac Fairview
Mohammed Hashim, Senior Organizer, Toronto and York Region Labour Council
Mark Hennessy, Special Assistant to the National President Legislative and Political Affairs, United Food and Commercial Workers (UFCW)
Councillor Janet Davis
Councillor Paula Fletcher

Motions

1 - Motion to Meet in Closed Session moved by Councillor Cesar Palacio (Carried)

That the Licensing and Standards Committee recess its public session to meet in closed session to consider Item LS18.3 as the item relates to:

 

1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

 
2. Receiving of advice that is subject to solicitor-client privilege.


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

That City Council direct the Executive Director, Municipal Licensing and Standards to include consultation with worker representatives, including unions and labour stakeholders in order to ensure worker protection is considered as part of her forthcoming report on Toronto Municipal Code, Chapter 510, Holiday Shopping.


3 - Motion to Adopt Item moved by Councillor Glenn De Baeremaeker (Amended)

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

That City Council direct the Executive Director, Municipal Licensing and Standards to include consultation with the Ontario/Toronto Coalition for Better Child Care about holiday shopping as part of her forthcoming report in October 2017.


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

That Recommendations 2 and 3 in the report (March 31, 2017) from the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture be amended to read as follows:

 

"2. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to conduct public consultations, and to request written submissions from the public and interested parties on each of the following:

 

a. Review the remaining exemptions in Toronto Municipal Code, Chapter 510, Holiday Shopping to ensure clarity and relevance (i.e. small retail business establishments and pharmacies).


b. The criteria required for tourist area exemptions in Toronto Municipal Code, Chapter 510, Holiday Shopping to permit Business Improvement Areas and major malls to operate on public holidays; and


c. The development of an application process for retailers to request an exemption from Toronto Municipal Code, Chapter 510, Holiday Shopping to operate on public holidays." 

 

"3. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report to City Council, through a joint meeting of the Licensing and Standards and Economic Development Committees, with review and consultation findings by October 2017."


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

That:

 

1. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to develop an application process for retailers to request an exemption from Toronto Municipal Code, Chapter 510, Holiday Shopping in order to operate on public holidays.

 

2. City Council direct the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to consider submissions from interested Business Improvement Areas and major malls for expedited exemption from the provisions of the Toronto Municipal Code, Chapter 510, Holiday Shopping.


5 - Motion to Adopt Item as Amended moved by Councillor Cesar Palacio (Carried)

3a - Supplementary Report on Proposed Amendments and Review of Chapter 510, Holiday Shopping

Confidential Attachment - This report is about litigation or potential litigation that affects the City or one of its agencies or corporations, and contains advice or communications that are subject to solicitor-client privilege.
Origin
(April 10, 2017) Report from the City Solicitor
Summary

This report provides further information to members of Council concerning the March 31, 2017 report from the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture.

Background Information
(April 10, 2017) Report from the City Solicitor on Supplementary Report on Proposed Amendments and Review of Chapter 510, Holiday Shopping
https://www.toronto.ca/legdocs/mmis/2017/ls/bgrd/backgroundfile-102847.pdf
Confidential Attachment - Chapter 510 Review
Source: Toronto City Clerk at www.toronto.ca/council