June 29, 1999

To:Toronto Community Council

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

Subject:Baskin Robbins - Extension of Hours of Operation For the Boulevard Cafe - Carlaw Avenue Flank of 552 Danforth Avenue (Don River)

Purpose:

To report on the business owner's request for an extension of the hours of operation for the boulevard cafe on the Carlaw Avenue flank of 552 Danforth Avenue, from 11:00 p.m. to 2:00 a.m., 7 days 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 applicant's request for an extension of hours of operation for the boulevard cafe on the Carlaw Avenue flank 552 Danforth Avenue, from 11:00 p.m. to 2:00 a.m., 7 days a week.

OR

2.(a)City Council approve the applicant's request for an extension of hours of operation for the boulevard cafe on the Carlaw Avenue flank of 552 Danforth Avenue, from 11:00 p.m. to 2:00 a.m., 7 days a week, and that such approval be subject to the applicant complying with the criteria set out in § 313-36 of Municipal Code Chapter 313, Street and Sidewalks, of the former City of Toronto Municipal Code; and

(b)Should City Council approve an extension of the hours, the Commissioner of Works and Emergency Services 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. Wanis Froundjian, owner of Froun Sweets Company Limited, o/a Baskin Robins, in his letter of June 10, 1999 (Appendix 'A'), has requested an extension of the hours of operation for the boulevard cafe fronting 552 Danforth Avenue and on the Carlaw Avenue flankage from 11:00 p.m. to 2:00 a.m., 7 days a week.

Comments:

Boulevard cafes on residential flankages are governed by the criteria set in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, which requires that the owner or occupant 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 closing time as authorized by Council.

Our records indicate that a licence for a boulevard cafe on the Carlaw Avenue flankage of 552 Danforth Avenue was issued to Mr. Froundjian on February 20, 1996 with an 11:00 p.m. closing time restriction.

Subsequently, Mr. Froundjian submitted a further application requesting permission to operate a cafe fronting 552 Danforth Avenue and a licence was issued to Mr. Froundjian on June 7, 1999 with no closing time restriction.

On Appendix 'B', we have shown the licensed cafe areas fronting 552 Danforth Avenue and on the Carlaw Avenue flankage.

Our records show that no complaints have been received pertaining to noise or the business operation. In addition, we have consulted with a representative of Toronto Police Services, Division No. 55, who advised that no complaints regarding the business operation are on file.

The City Clerk's office has notified the owners and occupants within 120 m along both sides of Carlaw Avenue, from the licensed cafe, advising of Mr. Froundjian's request.

Conclusions:

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the extension of hours of operation for the boulevard cafe on the Carlaw Avenue flankage of 552 Danforth Avenue.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

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Attach

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