June 10, 1998

 To:Toronto Community Council

 From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, City Works Services

 Subject:Application for a Sidewalk/Boulevard Vending Permit - John Street, east side, 9 metres north of Richmond Street West (Downtown)

 Purpose:

 To report on an appeal of staff=s refusal of a sidewalk/boulevard vending application, which was denied because the proposed vending location is within 25 metres of a business selling similar products.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendations:

 That, should City Council wish to permit Mr. Walter Guadron to vend on the sidewalk/boulevard within 25 metres of a business selling similar products (a restaurant) on John Street, east side, 9 metres north of Richmond Street West, which is not presently permitted under Chapter 315 of the former City of Toronto Municipal Code, it is recommended that:

 (1)(a)the permit be renewed annually, provided a letter of consent is submitted at time of renewal from Mr. Young Ik Kwon, owner and operator of AThe Sandwich Table@, 150 John Street;

 (b)the vending permit be valid from 9:00 a.m. to 5:00 p.m., Monday through Sunday; and

 (c)in the event of change of ownership of the business at 150 John Street, the new owner provide a letter of consent for the continuing operation of the vending location;

 OR

 (2)the application for sidewalk/boulevard vending on John Street, east side, 9 metres north of Richmond Street West, be refused.

 Background:

 Mr. Michael Doyle, agent acting on behalf of Mr. Walter Guadron, in his letter of April 7, 1998 (Appendix >A=), has requested an appeal of staff=s decision to refuse an application for a sidewalk/boulevard vending permit on John Street, east side, 9 metres north of Richmond Street West.

 Comments:

 Mr. Walter Guadron, 647 Mortimer Avenue, East York, Ontario M4C 2J9, applied on December 31, 1997 for a sidewalk/boulevard vending permit on John Street, east side, 9 metres north of Richmond Street West (Appendix >B=). Mr. Guadron proposes to vend sausages, hot dogs, and cold drinks.

 The provisions of Chapter 315, Street Vending, of the former City of Toronto Municipal Code require that the vending location be no less than 25 metres from a business that sells similar products to the public.

 Mr. Guadron=s proposed location is within 14 metres from the AThe Sandwich Table@ restaurant located at 150 John Street. Mr. Guadron met with staff on site and he was advised that the location does not meet the requirements of Chapter 315 of the former City of Toronto Municipal Code. He was also advised in writing.

 Subsequently, he submitted a letter dated December 31, 1997 (Appendix >C=) from Mr. Young Ik Kwon, owner and operator of AThe Sandwich Table@ restaurant, 150 John Street, Toronto, Ontario M5V 2Z2, in support of his application, provided that the hours of operation be limited from 9:00 a.m. to 5:00 p.m., Monday to Sunday. Further, Mr. Kwon wishes to reserve the right to withdraw his support in the event the permit is not issued within one year from the date of his letter.

 Conclusions:

 Approving this request would set a precedent. However, if this is a request which Council wishes to support in principle, I recommend that a permit be issued for a one year term, and be renewed annually with the condition that the applicant provide a new letter of consent from the owner of AThe Sandwich Table@, or any new occupant/owner of the restaurant at 150 John Street.

 Contact Name and Telephone Number:

 Lisa Forte, 392-1801

 Acting Assistant Director

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