October 5, 1998

To:Toronto Community Council

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

Subject:Cancellation of Boulevard Marketing Locations at 492 and 494 Dundas Street West and 265 and 311 Spadina Avenue (Downtown)

Purpose:

To report further on the cancellation of boulevard marketing locations at 492 and 494 Dundas Street West and 254 and 311 Spadina Avenue; and 265 Spadina Avenue recently identified by staff as selling merchandise unrelated to the main business.

As licensed 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.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

That, after the hearing of deputations, should the Toronto Community Council decide to proceed with the cancellation of the boulevard marketing fronting 492 and 494 Dundas Street West, 265 and 311 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. Municipal Code Chapter 313 of the former City of Toronto be amended substantially in the form attached as Appendix 'A' to this report.

Background:

The Toronto Community Council, at its meeting of September 16, 1998, had before it my report (September 3, 1998) respecting 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, recommended adoption of the report and requested the Commissioner of Works and Emergency Services, among other things:

(1)to report further to the Toronto Community Council at its meeting held on October 14, 1998, on the possible cancellation of boulevard marketing locations at 492 and 494 Dundas Street West and 254 and 311 Spadina Avenue; and

(2)to report to the Toronto Community Council on amending Chapter 313 of the former City of Toronto Municipal Code so that boulevard marketing fronting the premises is permitted only for goods for which the store has primary use.

Comments:

In our report of September 3, 1998, we identified a number of licensed boulevard marketing locations which were selling merchandise unrelated to the use of the main business and recommended the cancellation of these licences. There were also a number of licensed boulevard marketing locations which had 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.

Locations recommended for cancellation:

The business owner of 492 Dundas Street West operates a Bakery/Restaurant. Within his Bakery/Restaurant he provided a shelving unit displaying a number of boxes with fruits and vegetables.

The business owner of 494 Dundas Street West operates a Book Store. He modified his operation by providing a display unit displaying some fruits and vegetables.

The business owner of 311 Spadina Avenue operates an Electric Store. Within his electric store he displayed two small boxes of fruits.

Given that the primary business carried on within the abutting premises is not selling same or similar products, it is recommended that these locations be cancelled.

In addition, during routine inspection, Ms. Jing Kun He, owner of Dia Hing BBQ House Ltd., 265Spadina Avenue, also displayed vegetables on the boulevard. Given that the primary business is a restaurant, it is also recommended that this location be cancelled.

With respect to 254 Spadina Avenue, the operator ceased selling fruits and vegetables on the boulevard. The premises is currently under renovations for a clothing and video store. The proprietor is proposing to sell clothes and videos from within the boulevard, therefore it is not recommended for cancellation.

Contact Name and Telephone Number:

Angie Antoniou, 392-1525

Acting Assistant Director

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