March 11, 1999

To:Toronto Community Council

From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1

Subject:Cancellation of Boulevard Marketing - 387 Bloor Street East (Downtown)

Purpose:

To report on the cancellation of the boulevard marketing licence fronting 387 Bloor Street East. As licence holders must be given the opportunity to be heard before a Committee of Council prior to the revocation of a licence, this matter is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

The Toronto Community Council may recommend that:

(1)City Council rescind the licensed boulevard marketing fronting 387 Bloor Street East subject to:

(a)the licence holder be notified and be given the opportunity to be heard by the Toronto Community Council;

(b)a 30 day written notice of cancellation be provided to the licence holder; and

(c)the licence holder be refunded the unexpired portion of the annual boulevard marketing fee;

OR

(2)City Council allow the licensed boulevard marketing to continue fronting 387 Bloor Street East.

Background:

Councillor Kyle Rae has requested us to report on the cancellation of the boulevard marketing licence fronting 387 Bloor Street East.

Comments:

Mr. Ganesan Sugumar, Sugshe Trading Canada Ltd., o/a Metro Paradise, 387 Bloor Street East, Toronto, Ontario M4W 3N1, was issued a licence to occupy 5.95 square metres of City street allowance for boulevard marketing on September 28, 1995, as shown on the attached sketch (Appendix 'A').

In response to complaints received pertaining to excessive marketing, numerous inspections conducted in 1998 and 1999 revealed that the marketing was in compliance with the licence issued, except on two occasions where cardboard boxes were used for the display of merchandise extending the marketing licensed area. Notices of Advice were issued to the owner and the cardboard boxes were removed in the presence of the inspector.

Boulevard marketing is governed under the criteria set out in Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. One of the provisions of the Municipal Code requires that the display stands must be constructed of wood with epoxy resin paint, stainless steel, galvanized metal, plastic, fibreglass, aluminum or steel with baked enamel finish and designed to maintain the merchandise a minimum of 0.61 metres above grade, and to ensure that the area under the merchandise is left clear. The Municipal Code does not permit the use of cardboard boxes for display purposes.

Because of constituency concerns, Councillor Kyle Rae has requested a report on the cancellation of the boulevard marketing licence at 387 Bloor Street East.

Conclusions:

Should the Toronto Community Council decide to cancel the licensed boulevard marketing fronting 387 Bloor Street East, in accordance with the requirements of the Municipal Code, a 30 day written notice of cancellation be provided to the licence holder and the licence holder be refunded the unexpired portion of the annual boulevard marketing fee.

The City of Toronto Act requires that licence holders be given the opportunity to be heard before a Committee of Council prior to the revocation of a licence.

On hearing the deputations, the Toronto Community Council must decide whether or not to:

(a)cancel the boulevard marketing fronting 387 Bloor Street East;

OR

(b)allow the boulevard marketing to continue.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

JM/jm

Attach

(p:\1999\ug\cws\bae\to991043.bae) - ba