April 9, 1999

To:Toronto Community Council

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

Subject:Request to Extend Hours of Operation for Boulevard Cafe - Heath Street East Flank of 1535 Yonge Street (Midtown)

Purpose:

To report on the business owner's request to extend the hours of operation of the boulevard cafe located on the Heath Street East flank of 1535 Yonge Street from 10:00 p.m. to 12 midnight, 7days a week. As this is a matter of public interest, it 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 deny the request for an extension of the boulevard cafe hours on the Heath Street East flank of 1535 Yonge Street;

OR

2.(a)City Council approve an extension of the boulevard cafe hours on the Heath Street East flank of 1535 Yonge Street to 12 midnight, 7 days a week, as requested by the applicant; and

(b)Should City Council approve an extension of the hours, I be requested to report back after the end of the 1999 cafe season on the operation of the cafe under the extended hours.

Background:

Mr. Joe Bonavota, on behalf of Shopsy's Hospitality Inc., in his letter dated March 11, 1999, has requested an extension of the hours of operation from 10:00 p.m. to 12 midnight, 7 days a week, for the boulevard cafe on the Heath Street East flank of 1535 Yonge Street (Appendix 'A').

History of Boulevard Cafe Applications and Closing Time Restrictions

A licence for the boulevard cafe on the Heath Street East flank of 1535 Yonge Street was issued to the former occupant, Mr. Borys Wrzesnewskyj, o/a Future Bakery, on January 31, 1995, subject the cafe closing at 10:00 p.m., Sunday to Thursday, and 11:00 p.m. Friday and Saturday. Subsequently, the former City of Toronto Council, at its meeting on March 4 and 5, 1996, approved Mr. Wrzesnewskyj's request to extend the closing time restriction of his cafe to 1:00 a.m., 7 days a week and that Council's action be reviewed in 12 months' time.

A report dated January 20, 1997 was submitted to the Toronto Community Council (formerly City Services Committee) for its meeting of February 5, 1997. The Committee received the report for information.

A new occupant, Mr. Joe Bonavota, Shopsy's Hospitality Inc., o/a Shopsy's Deli and Restaurant, 33Yonge Street, Toronto, Ontario M5E 1G4, submitted an application on March 25, 1998, requesting to transfer the licence for the boulevard cafe on the Heath Street East flank of 1535 Yonge Street and to maintain the 1:00 a.m. closing time restriction.

Ward Councillors are routinely notified of any applications for boulevard cafe privileges including transfers in their Ward, should they wish to comment on the application. The Councillor(s) may also wish to bring the matter before the Toronto Community Council for further discussion.

In a letter dated June 15, 1998 (Appendix 'B'), Councillor Ila Bossons, on behalf of the DeerPark Ratepayers' Association, requested us to report on the 10:00 p.m. closing time because of neighbourhood concerns pertaining to noise. Subsequently, Mr. Bonavota withdrew his request for the 1:00 a.m. closing time, and agreed to close all cafe operations at 10:00 p.m. in keeping with the resident's requests (Appendix 'C') and a boulevard cafe licence was issued to Mr. Bonavota on June26, 1998.

Mr. Joe Bonavota has now requested permission to operate the boulevard cafe on the Heath Street East flank of 1535Yonge Street from 10:00 p.m. to 12 midnight, 7 days a week.

For your information, we have not received any complaints from members of the public or Toronto Police Service pertaining to noise or other disturbances at the subject location.

Boulevard cafes on residential flanks are governed by the criteria set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code which require that the owner or occupant of the cafe shall ensure that the boulevard cafe is closed and cleared by 11:00 p.m. or where Council has authorized extended hours of operation.

The City Clerk's office has notified the owners and occupants within 120 m along both sides of Heath Street East from the boulevard cafe, advising of Mr. Bonavota's request.

Conclusions:

On hearing the matter, Toronto Community Council must decide whether or not to recommend that City Council grant the extension of operating hours from 10:00 p.m. to 12 midnight, 7 days a week for the Heath Street East flank of 1535 Yonge Street.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

GPC

Attach

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