September 3, 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 - Follow Up Report (Downtown)
Purpose:
To report on the results of the survey conducted on August 27, 1998 of the 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) that were identified in the July 9, 1998 report.
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:
That, after the hearing of deputations, should the Toronto Community Council decide to
proceed with the cancellation of the boulevard marketing fronting 433, 443, 444 and 459
Dundas Street West and 254 Spadina Avenue:
1.(a)a 30 day written notice of cancellation be provided to the licence holders; and
(b)the licence holders be refunded the unexpired portion of the annual boulevard marketing
fee; and
2.I report further to your Committee at its meeting of October 14, 1998 on the possible
cancellation of boulevard marketing locations at 492 and 494 Dundas Street West and 311
Spadina Avenue.
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 Dispays - 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'.
Comments:
In our report of July 9, 1998, we identified a number of licensed boulevard marketing
locations which were selling merchandise unrelated to the use of the main business (i.e.
hardware store selling fruits and vegetables on the sidewalk).
These licence holders were given 30 days from July 22, 1998 to modify their business
practices so that merchandise being sold within the licensed marketing area are the same or
similar to the merchandise being sold from within the premises.
The following are the conclusions of the survey conducted by staff on August 27, 1998 and
the recommended action to be taken by your Committee.
Locations recommended for cancellation:
The business owner of 433 Dundas Street West (bakery) has indicated that he was leasing
the boulevard marketing to a vendor. He is no longer leasing the boulevard, therefore the
boulevard marketing licence can be cancelled.
The business owner of 443 Dundas Street West has indicated that he can confine his
operations totally on private property, therefore no marketing licence is required.
Mr. A. Wong of 444 Dundas Street West operates a travel agency on the second floor and is
registered on our files as the licence holder of the boulevard marketing. We have been
unable to identify the ownership of the boulevard marketing area fronting this location as
Mr. Wong, his staff and staff of the main floor business (meat store) claim no ownership of
it. Under the circumstances, the boulevard marketing licence registered at this location
should be cancelled.
The business operator at 459 Dundas Street West, Ms. Sandy Lo, Nung Fown Restaurant,
has a vendor operating the marketing area selling T-shirts and jewellery. Given that the
property is being used as a restaurant, it is recommended that the licence be cancelled.
The licence holder of 254 Spadina Avenue is operating his business from the foyer of the
main entrance of the property. Under the provisions of Municipal Code Chapter 313, Streets
and Sidewalks, of the former City of Toronto Municipal Code, the owner in possession or
the occupant of the ground floor of the property which may be lawfully used for industrial or
commercial purposes and which abuts on a boulevard is eligible for boulevard marketing.
The main floor at the subject property is used as a restaurant. Given the above, it is
recommended that this licence be cancelled.
Locations that complied with criteria of Municipal Code:
The business operators of 449 Dundas Street West, 273, 280, 300B, 305, 322, 340 and 346
Spadina Avenue have modified their business practices and now comply with the
regulations of the former City of Toronto Municipal Code Chapter 313, Streets and
Sidewalks.
Ms. Le Lynh of 318 Spadina Avenue has indicated that the business will be undergoing
major renovation in the immediate future and that she will ensure that the boulevard
marketing comply with the regulations of the Municipal Code. Currently, the marketing area
is not in use.
The business operators of 492 and 494 Dundas Street West, and 311 Spadina Avenue have
somewhat modified their business practices to comply with the Municipal Code, however,
the primary use of the business is not what is being sold within the boulevard marketing.
These locations are currently being further reviewed and a report will be submitted to the
next Toronto Community Council for its meeting of October 14, 1998.
Contact Name and Telephone Number:
Angie Antoniou, 392-1525
Acting Assistant Director
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