The Toronto Community Council recommends adoption of the following report (March 19, 1998) from the Toronto Community Council Solicitor:

Purpose:

This report recommends an amendment to the settlement of the appeals of By-law No. 1994- 0601 of the former City of Toronto.

Funding Sources, Financial Implications and Impact Statement:

N/A

Recommendations:

That Recommendation No. 1(a) dealing with the proposed definition of a place of amusement, of the City Solicitor's report dated September 29, 1997, adopted by the Council of the former City of Toronto at its meeting of October 6 and 7, 1997 as embodied in Clause No. 118 of Executive Committee Report No. 23, be amended by deleting the following words from the introductory paragraph:

"an establishment for interactive electronic games, occasional personal use of computer equipment on the premises for which a fee may or may not be charged,".

Council Reference/Background/History:

At its meeting of October 6 and 7, 1997, the Council of the former City of Toronto instructed the City Solicitor and the Commissioner of Urban Development Services to settle the outstanding appeals of By-law No. 1994-0601 on the basis set forth in Recommendations Nos. 1 and 2 of the report (September 29, 1997) of the City Solicitor (see Appendix 1).

Comments and/or Discussion and/or Justification:

At its meeting of October 6 and 7, 1997, the Council of the former City of Toronto instructed the City Solicitor and the Commissioner of Urban Development Services to settle the appeals of Greek town on the Danforth Business Improvement Area and Andonis Artemakis to By-law No. 1994-0601. This By-law amended the General Zoning By-law respecting places of amusement, places of assembly, clubs and concert halls and related parking requirements.

Subsequent to the October 6 and 7 meeting of Council, I received a letter from the solicitor for certain numbered Ontario companies requesting that reference to establishments for interactive electronic games be deleted from the proposed amended definition for places of amusement. The Commissioner of Urban Planning and Development Services has advised me such an amendment would be appropriate and could be effected by deleting the following words from the proposed definition of a place of amusement:

"an establishment for interactive electronic games, occasional personal use of computer equipment on the premises for which a fee may or may not be charged,".

This would be consistent with the limitation on the number of pinball and other mechanical and electronic game machines set forth in subsection (a)(ii) of the proposed definition and eliminate any potential ambiguity.

The solicitor for the appellants has agreed to the proposed change.

Conclusions:

I am recommending the settlement proposal previously adopted by the Council of the former City of Toronto be amended to reflect this proposed change to the definition for a place of amusement.

Contact Name:

Sharon Haniford

Telephone: (416)392-6975

Fax: (416)392-0024

The Toronto Community Council reports for the information of Council, having also had before it, during consideration of the foregoing matter, Appendix 1 - Recommendation embodied in Clause No. 118 of Executive Committee Report No. 23, adopted by the former City of Toronto Council at its meeting held on October 6 and 7, 1997; and a copy thereof is on file in the office of the City Clerk.