April 13, 1999

To:Toronto Community Council

From:Andrew Koropeski, Director, Transportation Services, District 1

Subject:Temporary Promotional Kiosk - Queen Street West, north side, 31 metres west of Soho Street (Downtown)

Purpose:

To report on a request to install a temporary kiosk promoting Labatt products on a pilot basis within the public highway at Queen Street West, north side, 31 metres west of Soho Street. As there is no specific provision for this type of installation in the former City of Toronto Municipal Code and there are implications with respect to commercial advertising on the public streets, it is necessary to report on this matter.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

The Toronto Community Council may recommend that:

1. City Council refer the application for the installation of the temporary commercial promotional kiosk to the Corporate Sponsorship Committee for review and comments;

OR

2. City Council approve the temporary installation of the commercial promotional kiosk within the public right-of-way on Queen Street West, north side, 31 metres west of Soho Street, subject to the kiosk owner agreeing to restrict the use for promotional use only, and not for the purpose of vending, and agreeing to enter into an agreement with the City of Toronto as prescribed under Chapter 313 of the former City of Toronto Municipal Code, and agreeing to:

(a)indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result from such permission granted;

(b)the applicant notify the Toronto Entertainment District Association of this proposal;

(c)the kiosk be placed on a pilot basis on Friday and Saturday evenings from May 21 to October 2, 1999, from 9 p.m. to 1 a.m.;

(d)pay the fee of $1,500.00;

(e)remove the kiosk upon receiving written notice within a reasonable time frame from the City so to do;

(f)accept such additional conditions as the City Solicitor or the Commissioner of Works and Emergency Services may deem necessary in the interest of the City; and

(g)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Comments:

On March 25, 1999, Mr. Bruce Davis, of Urban Intelligence Inc., on behalf of Labatt, submitted an application for permission to install a temporary promotional kiosk on a pilot basis within the public sidewalk on Queen Street West, west of Soho Street.

The applicant notes that the kiosk will be used to increase the profile of Labatt products through the free distribution of promotional materials such as coupons and passes. No items of any kind will be sold. The proposal involves deploying the kiosk on Friday and Saturday evenings from May 21, to October 2 1999, from 9 p.m. to 1 a.m. on a pilot basis.

Staff have inspected the area in the immediate vicinity of this location and have determined that there are currently 7 licensed vendors, and that the location of the proposed kiosk will not obstruct the view of the licensed vendors, and does not negatively impact the right-of-way. It was also noted that there is sufficient sidewalk space to accommodate the promotional kiosk 31 metres west of Soho Street.

While technically, the kiosk could be accommodated, the proposal raises a number of significant policy issues. The policy in the former City of Toronto is that commercial advertising programs involving the use of public road allowances beyond the current transit shelter advertising program would not be considered.

Unlike the transit shelters, where a valuable public service is provided, with additional significant revenue accruing to the City, this application is almost entirely related to the promotion of the product. Nor is it associated with any particular special event. If the proposal is endorsed it is possible that the City will receive numerous similar applications for various stand-alone commercial product promotion ventures within the road allowance. In that case, it would be advisable to establish an overall framework, including criteria to deal with such initiatives.

In considering responses to a comprehensive Request for Proposals in 1995, it was pointed out that Council must decide on the fundamental notion of allowing the proliferation of commercial advertising in the public space, and more particularly in the road allowance. The public is already exposed to intense commercial advertising in the form of billboards, posters, advertising kiosks, etc., immediately beyond on adjacent private properties and buildings, however, crossing the line directly into the public streets is a question of principle. Another consideration is whether the overall concept of advertising within the streets, as well as individual elements, is compatible with the efforts and resources expended by the City over the years to streamline streetscape design and promote a simple, clean design in street furniture and facilities.

The other factor related to this application, should Council decide to authorize the proposal, is that there is currently no provision to do so in the applicable Municipal Code. Accordingly, approval would be subject to the proponent entering into an agreement with the City containing the terms and conditions generally established under Recommendation No. 2 above. We recommend that a fee of $1,500 be set, which is reflective of fees currently charged for a similar sized sidewalk/boulevard vending operation. This fee is specific to this application only, until such time as the Corporate Sponsorship Committee has established their recommendations on criteria and fees for outdoor advertising in the City of Toronto.

Details of the kiosk is shown on the attached drawing (Appendix "A").

Contact Name and Telephone Number:

Lisa Forte, 392-1801

Director

LF

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