July 9, 1998

 To:Toronto Community Council

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

 Subject:Whitlock's Restaurant - "Extension of Hours of Operation" - Boulevard Cafe on the Kenilworth Avenue Flankage of 1961 Queen Street East (East Toronto)

 Purpose:

 To report on the extension of operating hours for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East as requested by City Council at its meeting of May 13 and 14, 1998. As this is a matter of public interest, it is scheduled as a deputation item.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendation:

 The Toronto Community Council may recommend that:

 (1)(a)City Council approve the extended hours of operation for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East to 11:00 p.m., 7 days a week, to continue until the end of the 1998 cafe season; and

 (b)Should City Council approve the extended hours to continue until the end of the 1998 cafe season, I be requested to report back after the end of the cafe season on the operation of the cafe under the extended hours;

 OR

 (2)City Council deny the request for an extension of the boulevard cafe hours on the Kenilworth Avenue flankage of 1961 Queen Street East.

 Background:

 City Council, at its meeting on May 13 and 14, 1998, granted an extension of the hours of operation for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East to 11:00 p.m., 7 days a week, subject to the following terms and conditions:

(1)(a)the patio not open until 11:00 a.m.;

 (b)the dumping of bottles in outdoor containers after 10:00 p.m. be prohibited;

 (c)the patio be closed at 11:00 p.m. on all festival days;

 (d)any two violations will result in the revocation of the patio license;

 (e)if the ownership changes, no transfer of the licence will occur without a full hearing on a new application; and

 (f)an agreement incorporating these conditions be signed by the applicant before the extension is granted.

 (2)the Commissioner of Works and Emergency Services be instructed to ensure that the conditions outlined in Recommendation No. (1) are being met; and

 (3)the Commissioner of Works and Emergency Services be requested to review the extension and report to the Toronto Community Council at its meeting to be held on July 22, 1998.

 In addition, the Toronto Community Council requested the Commissioner of Works and Emergency Services to report on:

(1)policies and by-laws necessary to implement a general 11:00 p.m. patio closure and clearance policy on Queen Street East from Coxwell Avenue to Victoria Park Avenue;

 (2)methods of pick-up of bottles and garbage, and possible solutions to the noise problems.

 Comments:

 A temporary cafe licence to extend the hours of operation to 11:00 p.m 7 days a week on the Kenilworth Avenue flankage of 1961 Queen Street East was issued to Mr. Dimitri Panayiotou on May 28, 1998. In addition, an agreement incorporating the conditions set out by City Council at its meeting of May 13 and 14, 1998 was executed on May 28, 1998.

 Since May 28, 1998, three complaints have been received from area residents pertaining to the cafe and business operation. Details of the complaints are listed below.

Complaint # 1Received on May 28, 1998 from an area resident indicated that the number of people sitting in the cafe area exceeded the allowable number and there was excessive noise emanating from within the main establishment.

 Mr. Panayiotou's outdoor patio licence from the Alcohol and Gaming Commission permits him to serve alcohol to a maximum of 35 people. Since the matter of exceeding the allowable number of people within the cafe area falls under the jurisdiction of the Alcohol and Gaming Commission, the complainant was referred to the Commission to file the complaint.

 For the purpose of this report, we contacted the Alcohol and Gaming Commission and it was confirmed that there are no active files for this location.

 With respect to the noise, Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, requires the owner or occupant of cafes, situated on residential flankages, to ensure that there is no outdoor music or amplified sound on the cafe. In addition, the cafe operator is to ensure doors and windows of the establishment not be left open or propped open while there is music or amplified sound in the interior. According to the complainant, the cafe operator was in the practice of leaving the service door open which allowed music from the interior to emanate onto the street. In this regard, staff discussed the problem with a representative of Whitlock's Restaurant and the problem has been resolved.

Complaint # 2Received on May 29, 1998, regarding the dumping of paint into the street.

 Inspections by staff on June 1, 1998 failed to find deposits of paint on either the frontage or flankage abutting the location.

Complaint # 3Received on June 23, 1998, in connection with the hosing down of waste from the rear of the restaurant in the early hours of the morning around 8:00 a.m., which is being allowed to escape into the sewer system. In addition, vehicles are not parked according to the licence and overhang the sidewalk.

 Inspections by staff on June 26, 1998 found the City street allowance in the vicinity of Whitlock's Restaurant to be clean and clear. According to staff of Whitlock's Restaurant, they wash down the cafe area and the City sidewalk with water on a regular basis. Under the provisions of the Municipal Code of the former City of Toronto, the owner or occupant of a boulevard cafe is responsible to maintain the area used for cafe purposes in a clean and tidy condition.

 A commercial boulevard parking licence has been issued to the owner for the parking of 2 motor vehicles to be parked parallel to the roadway, south of the existing cafe. The licence was issued in October 1995. Inspections showed that parking was occurring in conformity with the boulevard parking licence.

 The operation of the boulevard cafe was monitored periodically. Inspections confirmed that the proprietor complied with the restrictions and the criteria set out in Section 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

    History of Closing Time Restrictions for Boulevard Cafes on Residential Flankages

 City Council of the former City of Toronto, at its meeting of September 16, 1996, amended Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, to allow cafes located on residential flankages to stay open beyond the 11:00 p.m. closing time restriction if so authorized by City Council. Previous to this, cafes on residential flankages were required to be closed and cleared by 11:00 p.m. This requirement was adopted by City Council of the former City of Toronto on December 14, 1987. Prior to this, there was no standard boulevard cafe closing time established.

 With respect to cafes situated on commercial frontages, there is no closing time restriction.

 On Appendix 'A', I have listed all boulevard cafes presently licensed or pending approval on Queen Street East, between Coxwell Avenue and Victoria Park Avenue, setting out the closing times.

 Four locations, namely; 2022, 2120, 2160 and 2318 Queen Street East, all with cafes fronting the subject properties, have no closing time restriction and the remaining locations flanking residential streets have a closing time restriction of 11:00 p.m. or earlier.

 Garbage and Recyclable Collection on Queen Street East

 Garbage generated from the various restaurants along Queen Street East, between Coxwell Avenue and Neville Park Boulevard, is collected 5 or 6 nights a week, and recyclable materials are collected Monday and Thursday nights. Garbage and recyclable materials should be placed out on the sidewalk fronting the restaurant establishment between the hours of 6:00 p.m. and 11:00 p.m. The collection of recyclable materials normally commences at 11:30 p.m. and is completed by 12:30 a.m. I estimate that there are approximately 84 restaurants where garbage collection service is provided within this portion of Queen Street East.

 In order to minimize the impact on traffic along major thoroughfares such as Queen Street East, the late evening/early morning collection service is more desirable. The late evening/early morning collection of garbage and recyclable material is also consistent with the closing down of the restaurant operations.

 While I can appreciate that noise is undesirable, it is sometimes unavoidable. As your Committee can appreciate, there is need to maintain the appearance of the street and maintain traffic movement. Given the large volumes of garbage generated by the commercial establishments, it would not be practical to have day time garbage or recyclable collection.

 Conclusions:

 Given the nature of the resident's complaints and that for the most part, inspection has not been able to determine any infractions, it may be appropriate to allow the extended hours of operation for the boulevard cafe on the Kenilworth Avenue flankage of 1961 Queen Street East to continue to the end of the 1998 cafe season under the present terms and conditions and that I be requested to report back after the end of the 1998 cafe season on the extended hours.

 As indicated, boulevard cafes on residential flankages are required to be closed and cleared by 11:00 p.m., or, where Council has authorized extended hours of operation, the closing time as authorized by Council.

 In my opinion, Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, includes acceptable guidelines for the operation of boulevard cafes in order to minimize potential impact on neighbouring residential properties and has provisions in all cases for the Toronto Community Council and/or City Council to adjust and/or expand the requirements pertaining to cafe operations, where in the view of the Toronto Community Council and/or City Council, the standard requirements in the Municipal Code do not address the specific needs or concerns of the neighbourhood.

 Should the Toronto Community Council wish to proceed to implement a general 11:00 p.m. closing time restriction for all cafes on Queen Street East, between Coxwell Avenue and Victoria Park Avenue, where licensed boulevard cafe locations will be affected, the licence holders will be required to be notified of the proposed change in their operating hours and be given the opportunity to be heard by the Toronto Community Council.

 Contact Name and Telephone Number:

 Ken McGuire, 392-7564

Acting Assistant Director

 KM/ba

Attach

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