October 28, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, Transportation Services
Subject:Closing Time Restriction for Boulevard Cafes on Commercial Frontages - Queen Street East, between Coxwell
Avenue and Victoria Park Avenue (East Toronto)
Purpose:
To clarify City Council=s action of July 29, 30 and 31, 1998 that a general 11:00 p.m. patio closure and clearance policy
be applied to those cafes with no time restrictions on Queen Street East, between Coxwell Avenue and Victoria Park
Avenue, except on special event days.
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.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
(1)That all licensed and approved cafe operators on Queen Street East, between Coxwell Avenue and Victoria Park
Avenue, as listed in Appendix >A=, be notified of the proposed change in their operating hours to 11:00 p.m., where no
time restrictions previously existed, and be given the opportunity to be heard by the Toronto Community Council;
(2)That, after hearing of deputations, Chapter 313 of the former City of Toronto Municipal Code be amended,
substantially in the form of a draft by-law (Appendix >B=), by adding a new subsection to ' 313-36; and
(3)That the appropriate City Officials be authorized and directed to take whatever action is required to give effect thereto,
including the introduction of all necessary bills.
Background:
City Council, at its meeting of July 29, 30 and 31, 1998, in considering Clause No. 82 of Report No.10 of the Toronto
Community Council, entitled AWhitlock=s Restaurant - Extension of Hours of Operation - Boulevard Cafe on the
Kenilworth Avenue Flankage of 1961 Queen Street East@ adopted the report, without amendment, and in so doing,
directed a general 11:00 p.m. patio closure and clearance policy be applied to those cafes with no time restrictions, on
Queen Street East from Coxwell Avenue to Victoria Park Avenue, except on special event days.
Comments:
The Municipal Act and the City of Toronto Act, 1993, provide City Council with the authority to issue licences for the
purpose of boulevard cafes and impose terms and conditions upon the use of such licensed areas. As indicated in our
earlier report (July 9, 1998), in keeping with the Municipal Act and the City of Toronto Act, where licensed boulevard
cafe locations will be affected, the license 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. It has become apparent that the
affected cafe operators were not notified and given the opportunity to appear before the Toronto Community Council
prior to City Council=s decision 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.
Conclusions:
Under the circumstances, it is necessary to notify all licensed and approved cafe operators listed in Appendix >A= of City
Council=s intention to implement a general 11:00 p.m. closing time restriction, where no closing time restriction existed
previously, and that Chapter 313 of the former City of Toronto Municipal Code be amended to restrict the operating hours
for boulevard cafes located on Queen Street East, between Coxwell Avenue and Victoria Park Avenue.
Contact Name and Telephone Number:
Ken McGuire, 392-7654
Acting Assistant Director
SA/sa
Attach
(p:\1998\ug\cws\bae\to981162.bae) - ba
