Chinatown - Licensed Marketing Displays - Spadina Avenue

and Dundas Street West (Downtown)

The Toronto Community Council recommends that:

(1)City Council proceed with the cancellation of the boulevard marketing fronting 433, 443, and 444 Dundas Street West; and

(2)(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.

The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Works and Emergency Services:

(1)to report further to the Toronto Community Council at its meeting to be 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:

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

(3)to submit the locations at 492 and 494 Dundas Street West and 254 and 311 Spadina Avenue to the Licensing Commission with the request that the Commission withhold the renewal of the premises' operating licences pending the requested report from the Commissioner of Works and Emergency Services.

The Toronto Community Council submits the following report (September 3, 1998) from the Acting Assistant Director, By-law Administration and Enforcement, City Works Services:

Purpose:

To report on the results of the survey conducted on August 27, 1998 of the licensed marketing locations within Toronto District's Downtown Chinatown (Spadina Avenue between Queen Street West and Baldwin Street and Dundas Street West, between Spadina Avenue and Beverley Street) that were identified in the July 9, 1998 report.

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.

Recommendations:

That, after the hearing of deputations, should the Toronto Community Council decide to proceed with the cancellation of the boulevard marketing fronting 433, 443, 444 and 459 Dundas Street West and 254 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.I report further to your Committee at its meeting of October 14, 1998 on the possible cancellation of boulevard marketing locations at 492 and 494 Dundas Street West and 311 Spadina Avenue.

Background:

City Council, at its meeting of July 29, 30 and 31, 1998, in considering Clause No. 10 of Report No. 10 of the Toronto Community Council, entitled "Chinatown - Licensed Marketing Displays - Spadina Avenue Between Queen Street West and Baldwin Street and Dundas Street West, Between Spadina Avenue and Beverley Street" adopted the report, as amended, by deleting:

(a)Licence No. M-1912 (264 Spadina Avenue) from Appendix 'A';

(b)Licence No. M-1138 (437 Dundas Street West) from Appendix 'B'.

Comments:

In our report of July 9, 1998, we identified a number of licensed boulevard marketing locations which were selling merchandise unrelated to the use of the main business (i.e. hardware store selling fruits and vegetables on the sidewalk).

These licence holders were given 30 days from July 22, 1998 to modify their business practices so that merchandise being sold within the licensed marketing area are the same or similar to the merchandise being sold from within the premises.

The following are the conclusions of the survey conducted by staff on August 27, 1998 and the recommended action to be taken by your Committee.

Locations recommended for cancellation:

The business owner of 433 Dundas Street West (bakery) has indicated that he was leasing the boulevard marketing to a vendor. He is no longer leasing the boulevard, therefore the boulevard marketing licence can be cancelled.

The business owner of 443 Dundas Street West has indicated that he can confine his operations totally on private property, therefore no marketing licence is required.

Mr. A. Wong of 444 Dundas Street West operates a travel agency on the second floor and is registered on our files as the licence holder of the boulevard marketing. We have been unable to identify the ownership of the boulevard marketing area fronting this location as Mr. Wong, his staff and staff of the main floor business (meat store) claim no ownership of it. Under the circumstances, the boulevard marketing licence registered at this location should be cancelled.

The business operator at 459 Dundas Street West, Ms. Sandy Lo, Nung Fown Restaurant, has a vendor operating the marketing area selling T-shirts and jewellery. Given that the property is being used as a restaurant, it is recommended that the licence be cancelled.

The licence holder of 254 Spadina Avenue is operating his business from the foyer of the main entrance of the property. Under the provisions of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, the owner in possession or the occupant of the ground floor of the property which may be lawfully used for industrial or commercial purposes and which abuts on a boulevard is eligible for boulevard marketing. The main floor at the subject property is used as a restaurant. Given the above, it is recommended that this licence be cancelled.

Locations that complied with criteria of Municipal Code:

The business operators of 449 Dundas Street West, 273, 280, 300B, 305, 322, 340 and 346 Spadina Avenue have modified their business practices and now comply with the regulations of the former City of Toronto Municipal Code Chapter 313, Streets and Sidewalks.

Ms. Le Lynh of 318 Spadina Avenue has indicated that the business will be undergoing major renovation in the immediate future and that she will ensure that the boulevard marketing comply with the regulations of the Municipal Code. Currently, the marketing area is not in use.

The business operators of 492 and 494 Dundas Street West, and 311 Spadina Avenue have 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. These locations are currently being further reviewed and a report will be submitted to the next Toronto Community Council for its meeting of October 14, 1998.

Contact Name and Telephone Number:

Angie Antoniou, 392-1525

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The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

-Mr. Nelson Wong, Nung Fown Restaurant and Souvenirs;

-Mr. Cheung Lee, Toronto, Ontario; and

-Mr. David Huynh, Cam Ranh Fashion Boutique.