November 25, 1998

To:Emergency and Protective Services Committee

From: H.W.O. Doyle, City Solicitor

Subject:Body Shops/Automobile Service Centres - Regulation of Hours of Operation/Ventilation

Purpose:

To report as requested by the Emergency and Protective Services Committee at its meeting of September 8, 1998, as amended at its meeting of October 6, 1998, on restricting the hours of operation of body shop garages and automobile service centres and the effect which such amendments will have upon the present regulation of working conditions.

I have also been directed to include within my report comments with respect to car washes in residential areas.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendations:

It is recommended that:

(1)should the Committee wish to recommend that the hours of operation of public garages used as car washes, motor vehicle repair shops and automobile service stations located within a residential zone or within 100 metres of a residential zone be restricted to prohibit their operation except between the hours of 7:00 a.m. and 9:00 p.m. (Monday to Friday) and 9:00 a.m. to 6:00 p.m. (Saturday and Sunday), the City Solicitor be authorized to prepare and introduce in Council an amendment in substantially the form attached to this report to amend Schedule 24 of Licensing By-law No. 20-85.

(2)the Commissioner of Urban Planning and Development be requested to prepare a report to your Committee concerning the impact of these amendments on Chapter 199 of the City of Toronto Municipal Code and East York By-law No. 112-92, which impose early closing hours on gasoline outlets also potentially affected by the amendments proposed in this report, to be considered at the next meeting of the Committee.

(3)prior to the introduction of any bills in Council, this matter be scheduled for public deputations before the Emergency and Protective Services Committee at its next meeting with appropriate notice of the meeting to be advertised and given to affected licensees.

(4)that the General Manager of the Toronto Licensing Commission be directed to provide a 60 day "grace period" prior to enforcing any by-law which may be passed by Council against affected licensees.

Background:

At its meeting of September 8, 1998, the Emergency and Protective Services Committee had before it a communication (July 24, 1998) from Councillor Frances Nunziata recommending that Legal Services and Toronto Licensing Commission staff be directed to draft a by-law to prohibit auto service centre and body shop garages, as a condition of their licence, from performing any body work or vehicle repairs between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m. on Saturday and Sunday. The Committee therefore requested that the City Solicitor and the General Manager, Toronto Licensing Commission, report back to the Committee as soon as possible.

Subsequently, the Committee again considered this issue at its meeting of October 6, 1998 and further amended its action to further prohibit operation between the hours of 6:00 p.m. and 9:00 a.m. on Saturday and Sunday. The Committee also:

(1)referred the matter to the City Solicitor and the General Manager, Toronto Licensing, for a report thereon to the next meeting of the Committee to be held on November 3, 1998, such report to include information on regulations governing working conditions for these establishments and the effect of this proposal on working conditions; and

(2)requested that the foregoing report also include car washes in residential areas.

I have consulted the General Manager in the preparation of this report with respect to the various policy issues raised by the Committee's request and her comments are contained in this report.

Comments and/or Discussion and/or Justification:

(a)Legal Authority: I understand that the intent behind the Committee's request is to restrict the operation of certain classes of public garages to those hours as set out in the Committee's request in order to minimize their disruption of adjacent residential areas. Section 257.1 of the Municipal Act now provides municipalities with the general power to licence, regulate and govern any business carried on within the municipality. Under section 257.2, this power also includes the specific authority to define separate classes of businesses, and restrict the hours of operation of a business as a condition of obtaining, holding or renewing a licence. The municipality may also exempt any licence holder from all or any part of the by-law.

Therefore, should your Committee wish to restrict the hours of operation of these businesses only where they directly impact upon residents, licensees not operating a public garage located within or adjacent to a residential zone could be exempted from this portion of the by-law.

(b)Hours of Operation: A review of Licensing By-law No. 20-85 shows that "body shops" and "auto service centres" are governed by the regulations contained in Parts 1, 4 and 5 of Schedule 24 as public garages used as "motor vehicle repair shops" and "automobile service stations".

With respect to public garages used as car wash establishments, Part 3 of Schedule 24 will need to be amended to impose restrictions on the hours of operation for car washes located within or adjacent to residential areas.

(c)Conflict with Pre-existing By-laws: At the present time, no restrictions on the hours of operation for these classes of public garage exist within Licensing By-law No. 20-85. However, there is separate authority under the Municipal Act which allows municipalities to restrict the hours of operation of "retail gasoline outlets" where gasoline is offered for sale by retail along with other services. By-laws presently exist for both the former City of Toronto (Municipal Code Chapter 199) and former City of East York (By-law No. 112-92) which restrict the hours of gasoline outlets to 7 a.m. to 7 p.m. only.

In the East York area, all outlets are restricted, subject to Council granting permission to allow the outlet to remain open beyond the restricted hours.

In the Toronto area, the restriction applies to all outlets which are within approximately 122 metres (400 feet) of a residential district. Outlets located outside of this distance and which abut on a former Metro road or a City arterial street as listed in the by-law would be automatically exempted. As well, exemptions exist for emergency permits (i.e. 24 hour stations) and outlets selling natural gas. Hours on Sunday are not restricted under the present Toronto provisions.

The definition of "public garage" as contained in By-law No. 20-85 shows that it includes a place where "gasoline or oils are stored or kept for sale" and would therefore include those businesses which provide gasoline in addition to repairs. Any new amendments should therefore either supersede these previous regulations or acknowledge them so as to avoid a conflict.

I am therefore recommending that the Commissioner of Urban Planning and Development be requested to prepare a report to your Committee concerning the impact of the attached by-law amendments on these bylaws, to be considered at its meeting respecting the proposed amendments.

(d)Definition of Residential Areas: Consideration must be given to defining the criteria whereby public garages shall become subject to the proposed operating hours restriction. It is proposed that businesses be restricted where they are located in a residential zone or within a certain distance of a residential zone. A residential zone shall be defined as "a residential zone or residential district established by a zoning by-law of the City". The General Manager has indicated that 100 metres should be sufficient for the purposes of designating those businesses adjacent to a residential zone which shall be subject to the new restrictions.

In the event that your Committee wishes to proceed with these initiatives, I have prepared a draft by-law to amend Schedule 24 which is attached to this report.

Given the impact which this change in regulation will have upon the operation of present licensees, it is recommended that this matter be scheduled for public deputations before the Emergency and Protective Services Committee at its next meeting.

(e)Working Conditions/Ventilation: Schedule 24 currently contains the following requirements:

1.The applicant for a licence must satisfy the Issuing Supervisor that the Ministry of Labour has approved the ventilation facilities for any part of a building where motor vehicles are to be stored or repaired.

2.Where the spray-painting of vehicles is to take place, the applicant must provide proof of all required approvals under the Environmental Protection Act.

3. Engines of motor vehicles shall not be permitted to run within buildings unless adequate ventilation is provided to ensure the dilution of carbon monoxide fumes.

The General Manager therefore advises that no further amendment of the Schedule is necessary.

Conclusions:

In the event that your Committee wishes to recommend the implementation of restrictions on the hours of operations of certain public garages, it is recommended that public deputations be heard by the Committee at its next meeting to consider by-law amendments in substantially the form attached to this report to amend Schedule 24 of Licensing By-law No. 20-85, and that notice of the meeting be advertised and given to affected licensees.

It is also recommended that the Commissioner of Urban Planning and Development be requested to report to the Committee for that meeting with respect to the impact of the proposed amendments on Chapter 199 of the City of Toronto Municipal Code and East York By-law No. 112-92.

Contact Name:

Edward Earle

Legal Services

397-4058

H.W.O. Doyle

City Solicitor

DRAFT BY-LAW

Authority:Emergency and Protective Services Report ( ),

and , 1998

Intended for first presentation to Council: , 1998

Adopted by Council: , 1998

CITY OF TORONTO

Bill No.

BY-LAW No.

To amend By-law No. 20-85, being "A By-law respecting the licensing, regulating and governing of trades, callings, businesses and occupations in the Metropolitan Area", a by-law of the former Municipality of Metropolitan Toronto, to restrict the hours of operation of certain classes of public garage.

WHEREAS, by the Municipal Act, the Council of the City may restrict the hours of operation of a business as a condition of obtaining, holding or renewing a business licence and may impose special conditions upon a business which may be different from those imposed on other businesses within that class; and

WHEREAS City Council has determined that it is desirable that the hours of operation of certain classes of public garage and automobile service stations located within the City of Toronto be restricted;

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Schedule 24 to By-law No. 20-85, being "A By-law respecting the licensing, regulating and governing of trades, callings, businesses and occupations in the Metropolitan Area", a by-law of the former Municipality of Metropolitan Toronto, as amended, is further amended by:

(1)Adding the following sections to Part 1:

5.No person licensed under this Part shall operate, or permit the operation of, any public garage, except between the hours of 7:00 a.m. and 9:00 p.m., Monday to Friday, and 9:00 a.m. and 6:00 p.m., Saturday and Sunday.

6.Section 5 shall not apply to any person operating, or permitting the operation of, a public garage which is not located in, or within 100 metres of, a residential zone or district established by a zoning by-law of the City of Toronto.

(2)Adding the following subsections to section 5 of Part 3:

(8)No person licensed under this Part shall operate, or permit the operation of, any public garage used as a car wash establishment, except between the hours of 7:00 a.m. and 9:00 p.m., Monday to Friday, and 9:00 a.m. and 6:00 p.m., Saturday and Sunday.

(9)Subsection (8) shall not apply to any person operating, or permitting the operation of, a public garage used as a car wash establishment which is not located in, or within 100 metres of, a residential zone or district established by a zoning by-law of the City of Toronto.

(3)Adding the following sections to Part 4:

7.No person licensed under this Part shall operate, or permit the operation of, a public garage or automobile service station, except between the hours of 7:00 a.m. and 9:00 p.m., Monday to Friday, and 9:00 a.m. and 6:00 p.m., Saturday and Sunday.

8.Section 7 shall not apply to any person operating, or permitting the operation of, a public garage or automobile service station which is not located in, or within 100 metres of, a residential zone or district established by a zoning by-law of the City of Toronto.

ENACTED AND PASSED this day of , A.D. 1998.

MEL LASTMANNOVINA WONG

MayorCity Clerk