EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

A G E N D A

DECLARATIONS OF INTEREST PURSUANT TO

THE MUNICIPAL CONFLICT OF INTEREST ACT.

CONFIRMATION OF MINUTES.

DEPUTATIONS.

9:45 a.m.Mr. A.J. Bickerton, Solicitor, on behalf of the Stardust Lounge, regarding an amendment to By-law No. 20-85 (See Agenda Item No. 1).

10:00 a.m.All Interested Parties regarding the Holistic Practitioner Licensing Category (See Agenda Item No. 2)

COMMUNICATIONS/REPORTS.

1.REQUESTED AMENDMENT TO BY-LAW NO. 20-85 - ADULT ENTERTAINMENT ESTABLISHMENTS - STARDUST LOUNGE.

(DEPUTATION ITEM)

Mr. Sam Reteja

(July 6, 1998)

Requesting an amendment to By-law No. 20-85 to permit a new additional adult entertainment lounge on the lower level of the Stardust Lounge at 1780 Albion Road.

1(a).General Manager, Toronto Licensing Commission

(July 13, 1998)

Forwarding a copy of her letter (July 13, 1998) to Mr. Sam Reteja, Nooky's, advising that a by-law amendment is required to permit an additional lounge at this location; that the proposed operation does not conform with the current Licensing By-law; and that charges will be laid if this business is found to be operating.

1(b).Mr. A.J. Bickerton, Solicitor

(July 21, 1998)

Forwarding a copy of his letter (July 20, 1998) to the General Manager, Toronto Licensing Commission, on behalf of the applicant, expressing his opinion on this proposal.

1(c).General Manager, Toronto Licensing Commission

(September 23, 1998)

Reporting as requested by the Committee on September 8, 1998, with regard to the procedure for processing amendments to Licensing By-law No. 20-85 when dealing with such matters in the future and what the public consultation process should be.

2.HOLISTIC PRACTITIONER LICENSING CATEGORY.

(DEPUTATION ITEM - PUBLIC MEETING)

General Manager, Toronto Licensing Commission

(September 21, 1998)

Recommending that:

I.By-law 20-85 be amended to acknowledge holistic service businesses by either establishing a new licensing categories for "holistic centre" owners, and "holistic practitioners", (individuals administering therapy) and implement the following:

A.[note: A, B, and C are from the June 22, 1998 report from the Licensing Commission (Appendix 1), the italicized sections are revisions]:

Amend By-law 20-85, Section I, Definitions, to add a licence category for "holistic services/manual healing" defined as modalities used as tools for therapeutic and wellness purposes that involve touch and manipulation, this would include, but is not limited to the following therapies:

Acupressure, Alexander Techniques, Biofield Therapeutics, Feldenkrais Method, Reflexology, Rolfing, Shiatsu, Therapeutic Touch, Trager Method and Zone Therapy;

This does not include Alternative Systems of Medical Practice, Bioelectromagnetic Applications, Diet/Nutrition/Lifestyle Changes, Herbal Medicine, Mind/Body Control, and Pharmacological/Biological Treatments and their associated therapies [as defined and listed in a scheme proposed by the Office of Alternative Medicine, U.S. Department of Health and Human Services (DHHS), Appendix 2], or body rub [as defined in the Municipal Act and By-law 20-85] and does not include medical or therapeutic treatment given by persons duly qualified under the laws of the Province of Ontario;

B.By-law 20-85 be amended to establish new licensing categories for "holistic centre" owners, and individuals administering therapy referred to as "holistic practitioners" as follows:

1.Grant licences to currently active holistic practitioners during a ninety (90) day grand parenting period. Applicants will have ninety (90) days from the date of the passing of the By-law amendments to submit reasonable proof of business activity;

2.Implement a criteria for qualifying as a holistic service practitioner by requiring that applicants file training certificates from programs recognized by other levels of government and/or meet other standards (set out in the by-law). Require that any practitioners wishing to obtain a municipal licence after the end of the ninety-day period, show proof of meeting qualifying criteria.

3.Establish regulations requiring that holistic practitioners:

a.file proof of meeting qualifying criteria (as discussed in B(2));

b.be 18 years or older;

c.remain fully clothed;

d.provide services only to clients who are clothed or appropriately draped;

e.not be under the influence of drugs or alcohol;

f.display a licence (with photo identification) while providing service;

g.practice only in a place of business licensed for that purpose, which includes operating out of a home (where permitted by zoning regulations); and

h.not have contact with customers' genitals.

4.Establish regulations requiring that owners:

a.carry general business liability insurance of $1,000,000.00;

b.file corporate documents;

c.record business and client transactions;

d.keep the premises clean;

e.keep the premises in good repair;

f.insure the premises have washroom access;

g.post the licence at work locations;

h.cite a licence number on all advertising;

i.close centres to all clients between 10:00 p.m. and 7:00 a.m.;

j.hire only licensed practitioners; and

k.keep a record of employees.

C.The licence fee be $143.00 for every person who owns or operates a holistic services centre and $143.00 for every practitioner. These fees will be reviewed after the regulations have been in effect for a period of time. A report will be presented to the Emergency and Protective Services Committee six months after the By-law amendment comes into effect. Renewal fees are to be determined;

or,

exempting holistic services practitioners from the By-law as described below:

Adopt the principles found in the Markham Body Rub Parlour By-law (Appendix 4). Holistic services are exempt. Practitioners must prove credentials only upon challenge from licensing body.

II.If A, B, and C are adopted, a permanent Advisory Committee be established and that reporting relationships, representation and the role of the Committee be referred to staff and the Advisory Committee for further development; and

III.The appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

3.PROPOSAL TO ESTABLISH ADDITIONAL COLLISION REPORTING CENTRES (CRCs) IN THE CITY OF TORONTO.

Chief Administrative Officer

(September 23, 1998)

Advising that the Collision Reporting Centres represent a collaborative partnership between the Police, the insurance industry and the CRC operator in the interest of all the participants and the public; that the existing CRCs are conveniently located, equipped to handle the mandatory drops, provide valuable services and have sufficient capacity to service the current volume of collisions; that the proposed CRCs will not result in any additional benefits to the City and cost about $7.5 to $9.0 million annually; that in addition, the proposed CRCs may jeopardize to financial viability of the existing CRC operations, resulting in incremental police expenditures of about $2.8 million; and recommending that the City not consider establishing the three proposed CRCs at this time.

3(a).LIABILITY FOR ESTABLISHMENT OF ADDITIONAL COLLISION REPORTING CENTRES.

City Solicitor

(August 11, 1998)

Confidential report respecting the subject matter.

4.ACCIDENT TOWING - MANDATORY DROP AND ACCREDITATION OF VEHICLE REPAIR FACILITIES.

City Clerk

(July 15, 1998)

Advising that City Council, at its meeting held on July 8, 9 and 10, 1998, in adopting, as amended, Clause No.1 contained in Report No.6 of The Emergency and Protective Services Committee, headed "By-law to Amend By-law No.20-85- Accident Towing- Mandatory Drop and Accreditation of Vehicle Repair Facilities", directed, inter alia, that the following motion be referred to the Emergency and Protective Services Committee for consideration in September, 1998, and the City Solicitor and the General Manager, Toronto Licensing Commission, be requested to report thereon, in writing, to such meeting:

"Moved by Councillor Jakobek:

'That the foregoing Clause be amended by striking out the recommendation of the Emergency and Protective Services Committee and inserting in lieu thereof the following:

"It is recommended that:

(1)Recommendations Nos. (1)(b), (c), (d), (2) and (4) embodied in the report dated May 15, 1998, from the General Manager, Toronto Licensing Commission, with respect to accreditation, be deferred to the meeting of Council scheduled to be held on October 1, 1998, and the Chair of the Emergency and Protective Services Committee be requested to meet with representatives of the Provincial Government to encourage swift passage of a Province-wide accreditation which would complement the City's plan;

(2)the City Auditor be requested to submit the report, previously requested by Council with respect to accident reporting centres, to Council, through the Emergency and Protective Services Committee, no later than October 1, 1998;

(3)staff be requested to submit a report, to the same meeting, on the possibility of establishing City-operated/independent reporting centres, as previously requested by Council;

(4)the operators of the existing reporting centres be advised that City Council will not tolerate any solicitation of any resident by agents of insurance companies, auto body shops, car rental companies, tow trucks, or other businesses;

(5)a self-help or 'what-to-do' pamphlet be produced and submitted to Council for approval, such pamphlet to provide guidance and advice to every person involved in an accident and distributed by the police, tow truck operators and reporting centres;

(6)Recommendation No. (1)(a) embodied in the report dated May 15, 1998, from the General Manager, Toronto Licensing Commission, be deleted and the following inserted in lieu thereof:

'that the mandatory drop be delayed until January 2000 and the City Solicitor be requested to submit a report on the legal authority to force all tow-truck operators to display or hand-out notices to the public which would advise the public that any recommendations of body shops or other businesses made by tow truck operators will result in the immediate suspension of their licence and a hearing before the Licencing Tribunal';

(7)City staff be requested to strictly enforce these rules at all collision reporting centres with all tow truck operators on a regular basis; and

(8)Recommendation No. (3) embodied in the report dated May 15, 1998, from the General Manager, Toronto Licensing Commission, be adopted. " ' "

4(a).City Solicitor

(August 18, 1998)

Reporting as requested by City Council on July 8, 9, 10, 1998 providing a legal opinion on the authority of City Council to require licensed tow truck operators to display or provide notices advising members of the public that the tow truck operator may not recommend body shops or other vehicle repair facilities and that such recommendations would result in an immediate suspension of the operator's licence and a hearing before the Licensing Tribunal; and recommending that if City Council decides to amend Schedule 37 to By-law No. 20-85 of the former Metropolitan Council to implement the proposed notice:

(1)The notice be made consistent with subsection 40(2) of Schedule 37, by stating that:

(a)the tow truck operator may not recommend a body shop or other vehicle repair facility unless requested to do so by the vehicle owner; or

(b)by amending subsection 40(2) by deleting the clause therein which permits two truck operators to make such recommendations at the request of the vehicle owner; and

(2)The notice be amended to state that a hearing will be held before the Licensing Tribunal to determine whether the licence should be suspended, revoked or have conditions placed on it.

4(b).BY-LAW NO. 20-85, SCHEDULE 37 RELATING TO OWNERS AND DRIVERS OF TOW TRUCKS AND SIGNAGE.

General Manager, Toronto Licensing Commission

(August 26, 1998)

Recommending that:

(1)By-law No. 20-85, Schedule 37, Sub-section 40(3) be amended by deleting the clause "unless requested to do so by such person".

(2)Sub-section 40(3) would then read "No owner or driver shall suggest or recommend to any hirer or other person requesting his services that any vehicle in respect of which his services are given or requested, be towed, conveyed, driven or delivered to any particular salvage yard, body shop, storage yard, or any other public garage, building or place".

4(c).PROPOSED PROVINCIAL ACCREDITATION PROGRAM FOR COLLISION REPAIR FACILITIES.

General Manager, Toronto Licensing Commission

(August 26, 1998)

Providing the Committee with an update on the information currently available regarding a possible Provincial Accreditation Program for Collision Repair Facilities.

INFORMATION ITEMS

5.PROPOSED UNARMED CONSTABULARY IN THE CITY OF TORONTO.

Councillor Norman Gardner, Chairman, Toronto Police Services Board

(August 28, 1998)

Advising that the Toronto Police Services Board on August 27, 1998:

(1)approved the establishment of a committee to review the issue of an unarmed traffic constabulary; and that the Committee will consist of representatives from the Toronto Police Services Board, the Toronto Police Service, the Ministry of Transportation, the Ministry of the Solicitor General, the Ministry of the Attorney General and City Legal; and

(2)referred the Chief's report (dated July 23, 1998) to the proposed committee as well as deferred consideration of the following motions to the above-noted committee:

"1.That the Board advise the Minister of Transportation that we do not support the proposed unarmed constabulary program.

2.That the Chief prepare a report for the next meeting of the Board on the following issues:

(i)With an aggressive zero-tolerance 'Community Road Safety' enforcement campaign (red light runners, rolling stops at stop signs, speeding in residential neighbourhoods and school zones) what would be the estimated revenues that could be achieved?

(ii)With the estimated revenues how many officers could be hired?

(iii)The possibility of establishing a 'Community Road Safety' enforcement unit?"

6.LAND ACQUISITION FOR TORONTO POLICE SERVICE - 14 DIVISION.

Councillor Norman Gardner, Chairman, Toronto Police Services Board

(August 28, 1998)

Advising that the Toronto Police Services Board on August 27, 1998, received a report (July 7, 1998) from the Chief of Police advising that the Toronto Police Service has evaluated the TTC Lansdowne garage site as the potential new location for 14 Division; that the evaluation was not favourable primarily because of geographical location and site conditions, however, the Police Service has not yet ruled out its possible use; and that the City Real Estate has been asked to continue its search for possible sites for both 14 Division and 11 Division.

ANY OTHER MATTERS.