July 9, 1998

 To:Toronto Community Council

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

 Subject:Chinatown - Licensed Marketing Displays - Spadina Avenue between Queen Street West and Baldwin Street and Dundas Street West, between Spadina Avenue and Beverley Street (Downtown)

 Purpose:

 To report on licensed marketing locations within Toronto District's downtown Chinatown (Spadina Avenue between Queen Street West and Baldwin Street and Dundas Street West, between Spadina Avenue and Beverley Street), on the following:

(a)the cancellation of licences for locations selling merchandise on the sidewalk/boulevard opposite their respective business, unrelated to what is being sold within the main business (i.e. hardware store selling fruits and vegetables on the sidewalk); and

 (b)the reduction of previously approved marketing areas to provide a minimum clear sidewalk width of 3.05 m.

 Councillor Olivia Chow has requested me to report on these matters.

 As licence holders must be given the opportunity to be heard before a Committee or Council prior to cancellation or amendment of their licence, this matter is scheduled as a deputation item.

 Recommendations:

 The Toronto Community Council may recommend that:

(1)Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code be amended to clearly indicate that merchandise being sold within the licensed boulevard area be the "same or similar" to the merchandise being sold within the business;

 (2)(a)All licensed holders listed in Appendices 'A' and 'B' be notified of the proposed cancellation of their boulevard marketing locations and be given 30 days to modify their business practices so that merchandise being sold within the licensed marketing area is the same or similar to the merchandise being sold from within the premises;

AND

 (b)I report to your Committee at its meeting of September 16, 1998 the results of the notification and recommendations on possible cancellations of boulevard marketing licences and that permit holders be notified and be given the opportunity to be heard by your Committee;

 (3)(a)All licensed holders listed in Appendix 'C' be notified of the proposed reduction of their boulevard marketing areas as outlined in this Appendix and be given the opportunity to be heard by the Toronto Community Council;

 AND

 (b)After hearing of deputations, your Committee recommend that City Council approve the reduction of boulevard marketing on Spadina Avenue as listed in Appendix 'C' of this report; and

 (4)The appropriate City Officials be authorized and directed to take whatever action is necessary to give effect thereto, including the introduction of all necessary bills.

 Comments:

 Toronto's downtown Chinatown has enjoyed impressive economic growth over the years, but its very success has created problems that threaten its ability to compete with other commercial areas, including other "Chinatown" in Agincourt, the former City of Scarborough, East Chinatown etc. The local business community wants to restore Chinatown's former economic and social vitality and in turn make a significant contribution to Toronto's local economy.

 Regulations pertaining to Boulevard Marketing

Boulevard marketing is regulated under the provisions of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code and licences are issued subject to the applicant meeting the following criteria:

 -applicant must be the ground floor business occupant;

-sufficient sidewalk space to accommodate pedestrian traffic (2 m - 3.6 m) must be provided;

-proper display stands must be provided;

-applicant must enter into an agreement with the City of Toronto.

 With respect to merchandise being sold in the boulevard area, Section 313-35 A(2), refers to "sale of merchandise" and is silent as to the relation of the merchandise being sold within the business. However, the intent of the by-law and the practice of this Department has been that merchandise being sold within the City boulevard is to relate to the merchandise being sold within the business.

Boulevard Marketing

One of the unique characteristics of Chinatown is an open market environment created through the use of the sidewalks for the sale and display of merchandise. The marketing displays enhance the culture of Chinatown which serves the community and is a tourist attraction. However, by virtue of the volume of pedestrians and merchandise being sold, it also results in congestion of pedestrian traffic and major accumulation of garbage which is stored daily at curbside. In an effort to deal with these issues, our Department has been working closely with Councillor Olivia Chow, the various businesses in the Spadina and Dundas West area and the Toronto Chinatown Community Development Association on a multi-phase strategy to clear up the City sidewalks and boulevards in the Spadina/Dundas area. Our objective is to try and keep the sidewalks clean and free of garbage, maintain pedestrian flow and the merchandise within the licensed display areas to prevent unauthorized vending.

 Part of this multi-phase strategy included the review of all licensed boulevard marketing locations on Spadina Avenue, between Queen Street West and Baldwin Street and on Dundas Street West, between Spadina Avenue and Beverley Street. The review identified many licensed boulevard marketing locations which are selling merchandise unrelated to the use of the main business ( i.e. hardware store selling fruits and vegetables on the sidewalk), as shown in Appendices 'A' and 'B'. In addition, Appendix 'C' identifies licensed boulevard marketing locations where the licensed marketing areas impede pedestrian traffic, given the width of the available sidewalk and the volume of pedestrians.

 All licensed holders listed in Appendix 'C' of this report have been notified by the City Clerk of the proposed reduction of their boulevard marketing areas.

 Conclusions:

 In reviewing the locations listed in Appendices 'A' and 'B', we concluded that none of the locations sell merchandise that are the same or similar to the merchandise being sold within the premises. The licensed holders of premises No. 264 and 449 can easily modify their business practices so that merchandise being sold within the licensed area is the same or similar to the merchandise being sold within the premises. With respect to the other licensed holders listed on these two Appendices, cancellation of the licences is appropriate. With respect to locations listed in Appendix 'C', their boulevard marketing areas should be reduced as outlined in the Appendix to permit more room for pedestrian traffic.

 However, the automatic cancellation of boulevard marketing locations without the opportunity of permit holders to pursue means of rectifying the problem would undermine the economic vibrancy of this area. Therefore, I am recommending that all licence holders listed in Appendices 'A' and 'B' be notified and be given an opportunity to bring their boulevard marketing areas into conformity within 30 days of notification. If within 30 days they have not complied, I would report on the cancellation of all marketing display areas and that the licence holders be notified and be given the opportunity to be heard by the Toronto Community Council at its meeting of September 16, 1998.

In addition, the licensed holders listed in 'Appendix 'C' be notified and be given the opportunity to be heard by the Toronto Community Council, on proposed reduction of their boulevard marketing areas.

 In order to clarify what should be sold within the licensed boulevard marketing area, I am also recommending that Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code be amended to clearly indicate that merchandise being sold within the boulevard area must be the "same or similar" to the merchandise being sold within the business.

 Contact Name and Telephone Number:

 Angie Antoniou, 392-1525

Acting Assistant Director

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