September 3, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and
Enforcement, City Works Services
Subject:Cancellation of Boulevard Marketing - 70 Huron Street (Downtown)
Purpose:
To report on the cancellation of the boulevard marketing licence fronting 70 Huron Street
because of ongoing excessive display of goods. 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:
That, after the hearing of deputations, should the Toronto Community Council decide to
proceed with the cancellation of the boulevard marketing fronting 70 Huron Street:
1.a 30 day written notice of cancellation be provided to the licence holder; and
2.the licence holder be refunded the unexpired portion of the annual boulevard marketing
fee.
Background:
City Council, at its meeting of July 29, 30 and 31, 1998, in considering Clause No. 10 of
Report No. 10 of the Toronto Community Council, entitled "Chinatown - Licensed
Marketing Displays - Spadina Avenue Between Queen Street West and Baldwin Street and
Dundas Street West, Between Spadina Avenue and Beverley Street" adopted the report, as
amended, by deleting:
(a)Licence No. M-1912 (264 Spadina Avenue) from Appendix 'A';
(b)Licence No. M-1138 (437 Dundas Street West) from Appendix 'B'.
In addition, City Council adopted the report (July 27, 1998) from the Commissioner of
Works and Emergency Services entitled, "Boulevard Marketing - 70 Huron Street" and in so
doing:
(1)directed that, should a further 'Summons' for excessive marketing be issued to the
licence holder of 70 Huron Street, the Commissioner of Works and Emergency Services
report to the Toronto Community Council on the possible cancellation of the boulevard
marketing licence and the applicant be given the opportunity to be heard by the Committee;
and
(2)after the hearing of deputations, the Toronto Community Council recommend to City
Council the cancellation of the boulevard marketing licence.
Comments:
As outlined in our earlier report, staff have visited 70 Huron Street on numerous occasions
and issued several "Notices of Advice" and "Summonses" to 1229920 Ontario Inc., o/a
Hong Fat Seafood Market, for excessive marketing. Currently, there are 2 outstanding
"Summonses" for excessive marketing at this location, and to-date, 1 conviction has been
registered for excessive marketing.
In order to assist the business operator in confining their licensed marketing area to the
permitted limits, arrangements were made on July 24, 1998 to repaint the boundaries of the
licensed area.
On August 7, 1998, while on routine patrol, staff noted that there was display of goods
outside the licensed marketing area. The inspector contacted the manager of Hong Fat
Seafood Market to discuss the past problems concerning excessive marketing at the location
and to ensure their responsibility in confining all marketing within the licensed area. The
excessive marketing was removed in the presence of the inspector.
On August 24, 1998, staff again noted that there was an over display of goods fronting 70
Huron Street. Accordingly, a Part 1 Offence Notice was issued to 1229920 Ontario Inc., o/a
Hong Fat Seafood Market for excessive marketing.
As the licence holder must be given the opportunity to be heard before a Committee or
Council prior to cancellation or amendment of the licence, I have requested the City Clerk to
notify the licence holder of the proposed cancellation.
Conclusions:
In view of the on-going problems associated with excessive marketing, it is recommended
that the boulevard marketing licence fronting 70 Huron Street be cancelled.
Should the Toronto Community Council decide to cancel the licensed boulevard marketing
fronting 70 Huron Street, in accordance with the Municipal Code requirements, a 30 day
written notice of cancellation be provided to the licence holder and the licence holder be
refunded the unexpired portion of the annual boulevard marketing fee.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
Acting Assistant Director
KM/km
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