Item - 2023.EX2.4

City Council on February 7 and 8, 2023, adopted the following:

1. City Council amend City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, as follows:

a. replace the words "parklet café" with "curb lane café" throughout Chapter 742 and amend section 742-1.1 by deleting the definition for parklet café and inserting a new definition for curb lane café, in alphabetical order, to read as follows:

"CURB LANE CAFÉ - A sidewalk café that is a temporary lateral projection into the curb lane, parking lane, designated lane for bicycles or cycle track of a street.";

b. amend Section 742-3.2 A (3) by inserting the word "Metrolinx" after the words "Toronto Hydro";

c. amend Section 742.5.1 C to read as follows:

"A permit will not be renewed if the permit holder is in violation of this Chapter, violated this Chapter during the previous term of the permit, has unpaid fees or fines under this Chapter, or cannot produce a certificate of insurance for the permit area. A violation of this Chapter may include not complying with one or more conditions on their permit, having their permit suspended and/or having been issued an order under this Chapter.";

d. amend Section 742-7.2 by adding the phrase "and in no case wider than 2.0 metres";

e. amend Section 742-9.4:

A. to remove the requirement for a letter of consent from adjacent property owner or occupants when a curb lane café applicant or permit holder wishes to extend beyond their frontage; and instead add a clause that despite Subsections A to E, the Executive Director may allow a permit area for a curb lane café to extend across the curb lane or parking area of an adjacent property where approved by the General Manager, Transportation Services and the General Manager, Economic Development and Culture through the pilot program described in Subsection B; and

B. to authorize the General Manager, Transportation Services and the General Manager, Economic Development and Culture, to establish a pilot program from February 15, 2023 to October 15, 2024, inclusive, to allow for the expansion of curb lane café permit areas in front of a neighbouring property in a Business Improvement Area; in establishing the pilot program, the General Manager, Transportation Services and the General Manager, Economic Development and Culture shall:

1. determine which Business Improvement Area(s) a permit area must be in to be eligible for participation in the pilot program; and

2. establish appropriate guidelines for review and approval of expansion requests by the General Manager, Transportation Services and the General Manager, Economic Development and Culture, including:

i.  a requirement for the requested expansion area to be within and in accordance with a street plan prepared by the local Business Improvement Area and approved by the City; and

ii. requiring permit holders to otherwise be in compliance with Chapter 742;

3. define location, size and length requirements for expansion areas, having regard to:

i.  balancing multiple uses of the highway;

ii. the number of contiguous and/or adjacent permit areas;

iii. the nature of the use of the neighbouring properties; and

iv. applicable traffic safety and accessibility requirements;

f. insert a new Section 742-9.4 H to provide that the Executive Director, Municipal Licensing and Standards, may allow a permit area for a curb lane café not in a Business Improvement Area to extend across the curb lane or parking area of an adjacent property where the following requirements are met:

i. the permit area is no longer than 12 m in length;

ii. the adjacent property does not have a permit area; and

iii. all other requirements of Article 10 are met;

g. amend Section 742-9.5 B to read as follows:

"All curbside café and marketing display permit holders with permit areas not located against the building wall of the associated establishment shall remove all elements including fencing from the permit area, at the sole expense of the permit holder, from November 15 of one year to April 14 of the next year, inclusive.";

h. insert a new Section in Section 742-9.5 C to read as follows:

"All curb lane café and public parklet permit holders shall remove all elements including fencing from the permit area, at the sole expense of the permit holder, from October 15 of one year to May 14 of the next year, inclusive.";

i. amend Section 742-9.7 A (3) to remove the specific removal date requirements for café lighting so that it now reads:

"Is removed in accordance with this Chapter, unless the frontage café or marketing display is permitted to remain on a sidewalk year-round";

j. amend Sections 742-1.1 and 742-9.9 to permit amplified live music on cafés as follows:

A. insert a new definition of "amplified live music performance", in alphabetical order, to read as follows:

AMPLIFIED LIVE MUSIC PERFORMANCE – A live performance for an audience by an individual musical artist or group of musical artists on physical or digital instruments, but excludes the playback of any recorded music without the active use of an instrument.;

B. replace 742-9.9C with the following: 

"C. Despite Subsection A, amplified sound on a sidewalk café is permitted if:

1. the amplified sound is an amplified live music performance;

2. the amplified live music performance occurs only between the hours of:

            i. 5:00 p.m. to 10:00 p.m. on Thursday or Friday;

            ii. noon to 10:00 p.m. on Saturday; or

            iii. noon to 6:00 p.m. on Sunday.

3. the permit area is not located on a local road;

4. the permit holder has not been convicted of an offence under the Toronto Municipal Code or provincial legislation in the previous 12 months; and

5. the permit holder complies with Chapter 591, Noise, at all times.";

k. amend Section 742-10.2, as follows:

A. delete Section 742-10.2A (2), "does not result in more than 12 metres of curbside café(s), parklet café(s) and/or public parklet(s) fronting along any block of a street";

B. delete Section 742-10.2A (3), "provides access between adjacent curbside cafés or parklets for pedestrians from the street to the property line that is unobstructed and at least 1.8 metres in width";

C. insert in Section 742-10.2A that curbside cafés, curb lane cafés and public parklets not be in a location that interferes with a designated parking space under Municipal Code Chapter 903, Parking for Persons with Disabilities, local roads within a permit parking area, passenger loading, bus parking, bus loading, school bus loading, delivery vehicle parking, commercial loading, car-share vehicle parking areas, electric vehicle charging station parking, reserved lanes for designated classes of vehicles, or a portion of the highway designated as parking for restricted periods where the maximum period permitted is 30 minutes or less; and

D. insert in Section 742-10.2A (9) the phrase "or separation distances provided in prior written approval given by the relevant utility or service." after the phrase "by the General Manager";

l. amend Section 742-10.3B to update the fencing requirements around curbside cafés to read as follows:

"Permit holders shall ensure that all curbside cafés have full perimeter fencing or cane-detectable planters for the visually-impaired, with gaps only for accessible entrances.";

m. amend Section 742-10.4 as follows:

A. delete Section 742-10.4 A (1), "only within parking spaces where there are no restrictions or prohibitions for parking, standing or stopping in effect at any time of day";

B. insert in Section 742-10.4A "on only major arterial, minor arterial, collector or local road";

C. delete Section 742-10.4 A (7), "no wider than 2.0 metres in depth";

D. amend the setback requirements in Section 742-10.4 A (8) to provide for a minimum 1.5 metre set back from the adjacent travel lane on a street with streetcar tracks; or 1.2 metres on all other streets; or a greater setback as determined by the General Manager, Transportation Services, if considered on a street where posted and operating speeds are greater than 40 kilometre per hour";

E. insert in Section 742-10.4 B "include at least one 1.0-metre wide access point for every curb lane café and public parklet, an access point for every 15 metres of continuous fixed vertical barrier, and any other access points required by the General Manager, Transportation Services, to ensure unobstructed street level building emergency access; and

F. amend Section 742-10.4 B to provide that a curb lane café or public parklet is prohibited from obstructing a fire hydrant;

n. insert a new Section in Section 742-10.4 to read as follows:

C. Despite subsections B(6) and (7), curb lane café and public parklet permit holders will not be required to install a platform in their permit area from May 15, 2023 to July 31, 2023, inclusive, or an applicable portion of that period, if the permit holder:

(1) has submitted a platform plan designed, signed and stamped from a professionally licensed designer by July 1, 2023 showing a platform complying with subsections B(6) and (7) the permit holder will install in their permit area in accordance with subsection C(3);

(2) installs a temporary ramp in the permit area which provides for safe access to the permit area and meets the following requirements during any period when a platform is not installed:

(a) must be a minimum of 1.0 metre wide;

(b) must have contrasting colours with the roadway and sidewalk;

(c) must have a slip-resistant surface and be visible at night;

(d) must be stable so that it does not shift or move when used;

(e) must be positioned to allow for adequate space at the bottom of the ramp for someone using a mobility device to turn and navigate into the café area; and

(f) must not be affixed to the sidewalk, curb edge or street with screws, bolts or any other materials;

(3) installs a platform in the permit area in accordance with subsections B(6) and (7) by no later than August 1, 2023;

o.  amend Section 742-10.6 A as follows:

A. insert "and a minimum height of 1.5 metres" in subsection (1); and

B. amend subsection (2) so it includes the phrase "obstructs or obscures a building entrance" prior to the phrase "traffic control sign";

p. replace Section 742-10.7 D (1) with "easily removable and located along the full perimeter of the permit area with gaps only for accessible entrances";

q. amend Section 742-10.7 D (5) by inserting, "(c) a solid base that extends to or rests on the surface of the sidewalk with no gap";

r. amend Section 742-10.12 as follows:

A. delete in Section 742-10.12 B the phrase "on a local road"; and

B. insert in Section 742-10.12 C "not exceed a height of 0.6 metres measured from the surface of the sidewalk";

s.  add a new Section 742-10.13 that:

A. prohibits an associated establishment from having both a sidewalk café on a local road and a curb lane café on a different street; and

B. prohibits an associated establishment from having more than one curb lane café permit area;

t. amend Section 742-11.1 to:

A. clarify that all wheeled displays and units must be equipped with a wheel-locking mechanism, or other provision to restrict the movement of the wheeled display or display unit; 

B. update the requirements in 742-11.1 A (8) for screens or fencing of marketing display areas, so that any screens or fencing in a permit area are:

a. no shorter than 0.9 metres and no taller than 1.2 metres for the height of the top rail of the fence or top of the opaque part of planters and plants; and

b. no taller than 0.9 metres in height for all opaque parts of the fence or planters with plants within 30 metres of any intersection to maintain sightlines;

C. remove the requirements for suitable and uniform materials of screens or fencing around marketing displays;

u. amend Section 742-14.3 to add the following:

Where an order has been made under this section and a person or permit holder fails to comply with the order, that person or permit holder shall pay an inspection fee for each inspection conducted by the City subsequent to the order where the non-compliance is continued to be found.;

v. amend Appendix B to state that there shall only be one City-wide zone for all permits; and

w.  add a new Appendix C, Utility and Infrastructure Clearances, to indicate minimum separation distances to utilities or public infrastructure with the content set out in Attachment 6 to the report (January 17, 2023) from the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards, and the General Manager, Economic Development and Culture.

2. City Council amend City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 2 and Schedule 12, and Appendix E Schedule 1 by revising the permit fees for sidewalk cafés, curb lane cafés, marketing displays and adding new fees for patios in hardscaped parks and inspection fees in accordance with Attachment 1 to the supplementary report (February 6, 2023) from the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture, as amended by Parts 9, 10 and 11 below.

3. City Council waive the application fee required under Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, and Municipal Code Chapter 441, Fees and Charges, for any application for a public parklet received in the 2023 calendar year.

4. City Council amend Section 937-3.13 of the City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, by deleting the phrase "214 consecutive days from April 15 of one year to November 15 of that same year as required for the purposes of permitting parklet cafés" and insert the phrase "153 consecutive days from May 15 of one year to October 15 of that same year as required for the purposes of permitting curb lane cafés".

5.  City Council direct that the amendments to City of Toronto Municipal Code Chapters 441, Fees and Charges, 742, Sidewalk Cafés, Parklets and Marketing Displays and 937, Temporary Closing of Highways, come into effect immediately.

6. City Council authorize the General Manager, Economic Development and Culture, to administer funding through the CaféTO Business Improvement Area grant to Business Improvement Areas to cover 50 percent of costs, to a maximum of $5,000 per Business Improvement Area, for plants, soil, other materials, watering services, and maintenance costs for planters as well as equipment, furniture, temporary platforms and other materials for public parklets and customized Business Improvement Area design plans for individual curb lane café alignments.

7. City Council direct the General Manager, Transportation Services and the General Manager, Economic Development and Culture, to report on the pilot program in Part 1.d. above, to the relevant committee with data and results of the pilot following the 2024 CaféTO season.

8. City Council amend Appendix C - Schedule 2 in Attachment 1 to the supplementary report (February 6, 2023) from the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards, and the General Manager, Economic Development and Culture, such that Reference Number 172 has a fee of $43.70 in 2023, $87.40 in 2024, and $132.42 in 2025.

9. City Council amend Appendix C - Schedule 12, Reference Number 457 and Appendix E - Schedule 1, Reference Number 8.7024 in Attachment 1 to the supplementary report (February 6, 2023) from the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture, so that they have a fee of $14.56 in 2023, $29.13 in 2024, and $44.14 in 2025.

10. City Council amend Appendix C - Schedule 12, Reference Number 455 and Appendix E – Schedule 1, Reference Number 8.7023 in Attachment 1 to the supplementary report (February 6, 2023) from the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture, so that they have a fee of $285 in 2023, $570.90 and $865 in 2025.

11. 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 consultation with the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards, or the General Manager, Economic Development and Culture or in order to give effect to Parts 1 to 5 above.

12. City Council direct staff to report to the appropriate standing committee on the feasibility of introducing a tiered fee structure that accounts for businesses that don't have liquor licenses, and full meal service.

13. City Council request the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards, the General Manager, Economic Development and Culture, for an end-of-season evaluation report and any further recommendation on CafeTO and report back to the December 5, 2023 meeting of the Executive Committee.

14. City Council authorize the City Manager, in consultation with the Chief Financial Officer and Treasurer, to receive funds and to negotiate, enter into and execute any agreements, including any amendments thereto, with the Government of Canada and Government of Ontario in support of the hospitality sector, small businesses, main street revitalization and community economic development, in a form satisfactory to the City Solicitor.

15. City Council direct the General Manager, Economic Development and Culture to request that, between 2023 and 2027, funding for the Café TO Property Improvement Program and other programs to assist restaurant operators in all parts of the city be included in any extended or new funding agreement the City holds with the Government of Canada or Government of Ontario in support of Toronto’s hospitality sector, small businesses, main street revitalization or community economic development.

16. City Council request the Federal Government extend the deadline to repay the Canadian Emergency Business Account loans beyond December 2023.