Item - 2020.EX17.7

Tracking Status

  • City Council adopted this item on October 27, 2020 with amendments.
  • This item was considered by the Executive Committee on October 21, 2020 and adopted without amendment. It will be considered by City Council on October 27, 2020.
  • See also By-law 927-2020

EX17.7 - Winter Patio Permissions

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on October 27, 28 and 30, 2020, adopted the following:

 

1.  City Council request the Province of Ontario and the Alcohol and Gaming Commission of Ontario to develop new measures to extend the outdoor service of alcohol by re-evaluating the requirement that a licensed patio must be adjacent to the business to which the licence to sell liquor applies.

 

2. City Council authorize the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, to extend the CafeTO program (including the authority with respect to liquor sales) to allow for the review, approval and installation of curbside cafés (sidewalk cafes adjacent to curblane) and frontage cafés from November 16, 2020 to April 14, 2021, inclusive, in accordance with the CafeTO program set out in section 742-2.1D of Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays.

  

3.  City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with Municipal Licensing and Standards, to extend the CafeTO program (including the authority with respect to liquor sales, and the waiving of any applicable fees under Municipal Code Chapter 608, Parks) to allow for the review, approval, installation and maintenance of food and beverage patios operated by established restaurants and cafés immediately adjacent to, or located in, park spaces with hard surfacing from November 16, 2020 to April 14, 2021, inclusive, where the application complies with the program adopted by the General Manager, Parks, Forestry and Recreation, and where the approval conflicts with any provision of Municipal Code Chapter 608, Parks, the approval of the General Manager, Parks, Forestry and Recreation shall prevail to the extent of the conflict.

 

4.  City Council waive fees required under Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, Chapter 743, Streets and Sidewalks, Use of, and Chapter 441, Fees and Charges, for any curbside café or frontage café approved by the General Manager, Transportation Services under the program described in Part 2 above.

 

5. City Council authorize the City Solicitor to introduce the necessary Bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to the reasonable operation of the extension of the CafeTO program as described in Part 2, above.

 

6. City Council authorize the General Manager, Economic Development and Culture to work with Destination Toronto and all business improvement areas including Toronto Association of Business Improvement Areas and businesses in non-Business Improvement Areas to support safe winter economy initiatives and promote the winter economy including BYOB – Bring Your Own Blanket campaigns promoting winter patios.

 

7.  City Council request the City Manager and the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture, to work with all Business Improvement Areas including Toronto Association of Business Improvement Areas and businesses in non-Business Improvement Areas to develop further patio options for restaurants.

 

8. City Council request the General Manager, Transportation Services, the Deputy City Manager, Infrastructure and Development Services, the Executive Director, Municipal Licensing and Standards, the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning and any other relevant divisions, in consultation with the Medical Officer of Health, to work with local Councillors to help restauranteurs through the approval processes and expedite requests for winter patios and tents on and off their property, where applicable.

 

9. City Council request the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning, and the Chief Building Official and Executive Director, Toronto Building, to report to the appropriate Committee with clearly articulated rules regarding outdoor dining protections from the elements from a COVID-19 transmission lens.

City Council Decision Advice and Other Information

City Council considered Items EX17.7 and PH17.12 together.

Background Information (Committee)

(October 21, 2020) Letter from Mayor John Tory on Winter Patio Permissions
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-157651.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Mark Grimes (Carried)

That City Council request the General Manager, Transportation Services, the Deputy City Manager, Infrastructure and Development Services, the Executive Director, Municipal Licensing and Standards, the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning and any other relevant divisions, in consultation with the Medical Officer of Health, to work with local Councillors to help restauranteurs through the approval processes and expedite requests for winter patios and tents on and off their property, where applicable.

Vote (Amend Item (Additional)) Oct-27-2020 5:55 PM

Result: Carried Majority Required - EX17.7 - Grimes - motion 1
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Jaye Robinson

2 - Motion to Amend Item (Additional) moved by Councillor Shelley Carroll (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning, and the Chief Building Official and Executive Director, Toronto Building, to report to the appropriate Committee with clearly articulated rules regarding outdoor dining protections from the elements from a COVID-19 transmission lens.


3 - Motion to Amend Item (Additional) moved by Councillor Jennifer McKelvie (Carried)

That City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with Municipal Licensing and Standards, to extend the CafeTO program (including the authority with respect to liquor sales, and the waiving of any applicable fees under Municipal Code Chapter 608, Parks) to allow for the review, approval, installation and maintenance of food and beverage patios operated by established restaurants and cafés immediately adjacent to, or located in, park spaces with hard surfacing from November 16, 2020 to April 14, 2021, inclusive, where the application complies with the program adopted by the General Manager, Parks, Forestry and Recreation, and where the approval conflicts with any provision of Municipal Code Chapter 608, Parks, the approval of the General Manager, Parks, Forestry and Recreation shall prevail to the extent of the conflict.


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

That:

 

1.  City Council request the Province of Ontario and the Alcohol and Gaming Commission of Ontario to develop new measures to extend the outdoor service of alcohol by re-evaluating the requirement that a licensed patio must be adjacent to the business to which the licence to sell liquor applies.
 

2.  City Council request the City Manager and the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture, to work with all Business Improvement Areas including Toronto Association of Business Improvement Areas and businesses in non-Business Improvement Areas to develop further patio options for restaurants.

Vote (Amend Item (Additional)) Oct-27-2020 5:57 PM

Result: Carried Majority Required - EX17.7 - Fletcher - motion 4
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Jaye Robinson

Motion to Adopt Item as Amended (Carried)

Point of Order by Councillor Gord Perks

Councillor Perks, on a Point of Order, stated that he wished to understand if Councillor Grimes' motion means that local Councillors can amend City wide regulations in local circumstances, and if that is not the intent, perhaps the Councillor can work with the Clerk on different wording.  Councillor Grimes advised that he would work with staff on the wording of his motion.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that her own question of the mover was seeking the same clarification and thanked the Councillor for his comments.

EX17.7 - Winter Patio Permissions

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1. City Council authorize the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, to extend the CafeTO program (including the authority with respect to liquor sales) to allow for the review, approval and installation of curbside cafés (sidewalk cafes adjacent to curblane) and frontage cafés from November 16, 2020 to April 14, 2021, inclusive, in accordance with the CafeTO program set out in section 742-2.1D of Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays.

  

2.  City Council waive fees required under Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, Chapter 743, Streets and Sidewalks, Use of, and Chapter 441, Fees and Charges, for any curbside café or frontage café approved by the General Manager, Transportation Services under the program described in Part 1 above.

 

3. City Council authorize the City Solicitor to introduce the necessary Bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to the reasonable operation of the extension of the CafeTO program as described in Part 1 above.

 

4. City Council authorize the General Manager, Economic Development and Culture to work with Destination Toronto and all business improvement areas including Toronto Association of Business Improvement Areas and businesses in non-Business Improvement Areas to support safe winter economy initiatives and promote the winter economy including BYOB – Bring Your Own Blanket campaigns promoting winter patios.

Origin

(October 21, 2020) Letter from Mayor John Tory

Summary

As you know, the pandemic has forced us to think of ways to adapt to our new realities. We have had the difficult job of balancing the needs of health and safety with those of our business community.

 

Last month, I moved a motion that we jointly approved to ask our City Staff to report back on the various successful programs implemented this summer, including CaféTO. That work is underway and will come back before the spring.

 

But we know winter is coming and we need to support winter patios as much as possible now.

 

As we move into the winter months, we want to find ways to help give our businesses as much adaptability as possible. We need to give businesses the flexibility to operate where safe and possible through the winter months. While we have some limitations with respect to patios in curb lanes and ensuring we can safely clear our roads from the snow, there are opportunities that allow us continue the success of winter patios in areas, such as sidewalks and private property including parking lots. In addition to the below recommendations, I have asked City Staff to continue working with BIAs on ideas or issues come forward this winter.

 

Through recommendations at the Planning and Housing committee, City Council will be able to extend the zoning bylaw amendments we put in place earlier this year. These will continue to ease restrictions on private property for outdoor patios through the winter months and into the spring. This will also increase the maximum size of outdoor patios and remove restrictions that might prevent an outdoor patio located in front of buildings.

 

In addition to those recommendations, I am proposing additional recommendations below that will ensure we allow for winter patios on our sidewalks.

Background Information

(October 21, 2020) Letter from Mayor John Tory on Winter Patio Permissions
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-157651.pdf

Motions

Motion to Add New Business at Committee moved by Mayor John Tory (Carried)

Motion to Adopt Item moved by Mayor John Tory (Carried)
Source: Toronto City Clerk at www.toronto.ca/council