November 23, 1998

To:Toronto Community Council

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

Subject:Appeal of Denial of Application for a Sidewalk/Boulevard Vending Permit - Bremner Boulevard, south side, 15.3 metres west of York Street (Downtown)

Purpose:

To report on an appeal of staff's refusal of a sidewalk/boulevard vending application, which was denied because the proposed location is not listed within Schedule 'B' as required by Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

The Toronto Community Council may recommend that:

(1)City Council deny the application for sidewalk/boulevard vending on Bremner Boulevard, south side, 15.3 metres west of York Street;

OR

(2)(a)should City Council approve the application for sidewalk/boulevard vending on Bremner Boulevard, south side, 15.3 metres west of York Street, that Bremner Boulevard, both sides, between York Street and Lower Simcoe Street, be added to Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, Schedule B - Public Highways Eligible for Designated vending;

(b)subject to recommendation No. 2 (a) being implemented, a permit be issued to Mr.Naim Khalili to vend on the sidewalk/boulevard on the south side of Bremner Boulevard, 15.3 metres west of York Street; and

(c)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:

Mr. Naim Khalili, in his letter of October 19, 1998 (Appendix 'A'), has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on Bremner Boulevard, south side, 15.3 metres west of York Street.

Comments:

Mr. Naim Khalili, 250 Milverton Boulevard, Toronto, Ontario M4J 1V5, applied on September 15, 1998 for a sidewalk/boulevard vending permit on Bremner Boulevard, south side, 15.3 metres west of York Street (Appendix 'B'). Mr. Khalili proposes to vend sunglasses and memorabilia.

Vending is feasible on Bremner Boulevard, south side, 15.3 metres west of York Street. However, the proposed vending location is not listed on the list of streets eligible for street vending privileges in Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code.

Should your Committee recommend that vending be permitted on the south side of Bremner Boulevard, 15.3 metres west of York Street, Municipal Code Chapter 315 of the former City of Toronto Municipal Code must be amended by adding Bremner Boulevard, both sides, between York Street and Lower Simcoe Street to Schedule B - Public Highways Eligible for Designated Vending Areas.

In the interest of expediency for this application, we notified the adjacent property owner of the proposed vending location and no objection was received.

Conclusions:

As this application complies with the physical requirements of Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code and there were no objections received, it is recommended that the application be approved.

Contact Name and Telephone Number:

Lisa Forte, 392-1801

Acting Assistant Director

BJ/bj

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