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October 28, 1998

To:Toronto Community Council

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

Subject:Koo Koo Roo Canada Limited - Operation of the Boulevard Cafe During the 1998 Cafe Season - De Lisle Avenue Flankage of 1510 Yonge Street (Midtown)

Purpose:

To report on the operation of the boulevard cafe on the De Lisle Avenue flankage of 1510 Yonge Street, during the 1998 cafe season.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

1.That City Council approve the continuation of the existing boulevard cafe licence on the De Lisle Avenue flankage of 1510 Yonge Street, with the same terms and conditions as previously approved, i.e. 10:00 p.m. closing time, 7 days a week; and

2.That, should City Council approve the continuation of the boulevard cafe licence, the Commissioner of Works and Emergency Services be requested to report back after the end of the 1999 cafe season on the operation of the cafe.

Background:

City Council, at its meeting of July 29, 30 and 31, 1998, approved the application for a boulevard cafe on the De Lisle Avenue Flankage of 1510 Yonge Street on a temporary basis for the 1998 cafe season, notwithstanding the negative result of the public poll, and that such approval be subject to the applicant complying with criteria set out in ' 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code and the patio being closed at 10:00 p.m. and requested the Commissioner of Works and Emergency Services to review this matter at the end of the 1998 cafe season.

Comments:

Licences for boulevard cafes are governed by the criteria set out in Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. The provisions of the Municipal Code require the applicant approved for a boulevard cafe, prior to receiving a licence or permission to operate a boulevard cafe, to pave the area for cafe purposes, provide a third party liability insurance policy to indemnify the City, pay in advance an annual rental fee for the use of the City boulevard used for cafe purposes and enter into an agreement with the City of Toronto.

Paving of the City boulevard was completed on or about August 21, 1998 and on September 8, 1998, the requisite insurance documentation was received. Subsequently, a licence was issued on September 24, 1998 to Mr.CraigFindlay, President & COO, Koo Koo Roo Canada Partners Ltd. to operate the cafe on the De Lisle Avenue flankage of 1510 Yonge Street.

Conclusions:

Given that the cafe season was well underway before the boulevard cafe licence was issued for the De Lisle Avenue flankage of 1510 Yonge Street, it would be appropriate for us to monitor the cafe over the 1999 cafe season and report back to the Toronto Community Council at the end of the 1999 cafe season on the operation of the cafe. All conditions of previous approval will continue to be applied.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Acting Assistant Director

SA/sa

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