June 29, 1999

To:Toronto Community Council

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

Subject:Appeal of Denial of Application for a Boulevard Cafe - 3-5 Isabella Street (Convenience Address for 625 Yonge Street) (Downtown)

Purpose:

To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe fronting 3-5 Isabella Street, because of a negative public poll. In addition, the applicant is requesting to operate the boulevard cafe 24 hours a day, 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 to operate a boulevard cafe fronting 3-5 Isabella Street, 24 hours a day, 7 days a week;

OR

(2)(a)City Council approve the boulevard cafe application fronting 3-5 Isabella Street, the cafe be required to close and clear by 11:00 p.m., 7 days a week, as set out in Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code; and

(b)should City Council approve the boulevard cafe application, the Commissioner of Works and Emergency Service be requested to report back at the end of the 1999 cafe season on the operation of the cafe.

Background:

Mr. Roger Reynolds, owner of Cafe Isabella, in his letter of February 9, 1999, has requested an appeal of staff's decision to refuse an application for a boulevard cafe at 3-5 Isabella Street.

Comments:

Mr. Roger Reynolds, 1234091 Ontario Inc., o/a Cafe Isabella, 3-5 Isabella Street, Toronto, Ontario M6E 2S1, submitted an application on April 24, 1998, requesting a licence for a boulevard cafe fronting 3-5 Isabella Street for an area of approximately 35.6 sq. m., as shown on the attached sketch (Appendix 'A'). It can accommodate 7 tables, with a potential seating capacity of 30 people. In addition, Mr. Reynolds requested to operate the boulevard cafe 24 hours a day, 7 days a week.

This application meets the physical criteria for boulevard cafes as set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

The Ward Councillors are routinely notified of any applications for boulevard cafes in their ward, should they wish to comment or have the matter reported on. The Councillor(s) may also wish to bring the matter before the Toronto Community Council for further discussion.

Councillor Kyle Rae, in his communication of June 17, 1998 (Appendix 'B'), has expressed his opposition to the issuing of a boulevard cafe licence fronting 3-5 Isabella Street, given that the business operation has been problematic for the neighbourhood for some time.

In addition, a representative of Toronto Police Service, Division No. 52 advised that there have been a number of complaints from the community regarding the conduct of the management of the cafe and the patrons who frequent the location. Accordingly, a number of officers from No. 52 Division have responded to a large number of calls for service at 3-5 Isabella Street. Some concerns include noise and disorderly behaviour from patrons, drug dealing, assaults and intimidation of community members. The representative of the Toronto Police Service recommended that we do not give the applicant a permit to use the boulevard (Appendix 'C').

Furthermore, as the proposed cafe flanks a residential zone, the Municipal Code requires a public poll of owners and tenants within 120 m from the proposed cafe. If the majority of the ballots cast are in favour of the application, the application is approved. If the majority are opposed, the Commissioner must deny the application. If there is a negative response, re-polling for the same purpose may not take place until 2 years have passed from the closing date of the previous poll.

A poll dated July 13, 1998 to August 12, 1998, was conducted on the north side of Isabella Street from 10 to 34, including 639 Yonge Street and on the south side of Isabella Street from 9 to 33, including 625 Yonge Street to determine neighbourhood support. The results of the poll were as follows:

Polling Summary

Mr. Reynolds was advised in writing on August 26, 1998, that given the negative poll, a licence could not be issued. Furthermore, Mr. Reynolds was advised that a further application for a boulevard cafe at 3-5 Isabella Street could not be considered for 24 months from the closing date of the public poll which was August 12, 1998.

To assist the Committee with the evaluation of the points raised by Mr. Reynolds in his letter of February 9, 1999, they are summarized below, along with staff's response.

Concern #1This cafe has been opened for more than 12 years under a different ownership and on May 1, 1997, I took over the cafe under 1234091 Ontario Inc.

Staff responseOur records show that City Council of the former City of Toronto, at its meetings of July 14 and 16, 1986 and September 8, 1987, respectively, granted permission to a former business operator, Mr. Mangano to operate boulevard cafes fronting 1, 3 and 5 Isabella Street. Since Mr. Mangano did not pay the annual street allowance rental fee for 1995-1996, his cafe privileges were cancelled.

In May 1996, Mr. Mangano submitted a further application to reinstate his cafe privileges fronting 3-5 Isabella Street and a licence was issued on July 2, 1996. Mr. Mangano's licence was cancelled in April 1998, as he had vacated the property.

Of note, during the 1996 and 1997 cafe season, we received several complaints indicating that the boulevard cafe had been in operation beyond the 11:00p.m. closing time restriction and that music was emanating from within the main premises. Following notification to the cafe operator, subsequent inspections showed that the cafe operator complied with the appropriate closing time.

Concern # 2This is a cafe on a street with more then just my patio in fact there are 3 other patio's and 2 back yard patio's within 100 feet of my location it is also unfair that I cannot have a patio and the other 5 patio's are ok to operate.

Staff ResponseAccording to our records, 10-12 Isabella Street is licensed for a boulevard cafe and we have an application pending for 16 Isabella Street. On note, these 2 locations have also rear yard patios on private property. On Appendix'D', we have shown the proposed cafe, together with the licensed cafe and pending cafe.

Concern # 3It is unfair that out of 493 people polled 12 useable returns determined the fate of a businesses right to operate.

Staff responseWhile I can appreciate that the response to the poll was low in comparison to the total ballots issued, as Mr. Reynolds indicates, the Municipal Code stipulates that if the majority of the ballots cast are not in favour of the application, the application must be denied. Although the proposed cafe meets the physical criteria for boulevard cafes (i.e. setbacks, physical design, location), this criteria cannot address all public concerns which relate to additional noise, garbage, conduct of patrons, pedestrian and car traffic.

Concern # 4I understand the reason for the polling was because I requested the patio to operate for 24 hrs. I also understand no polling would have been done if I requested the patio licence under the same conditions as the previous owner and would have received the right to use the patio. I would be willing to restrict to a patio operation time under the previous owner (6a.m. to 11 p.m.). We would do our best to satisfy the concerns of our neighbours as we did in the past.

Staff Response Applications to transfer existing boulevard cafes are forwarded to the appropriate Ward Councillors for comments and do not require public polling of the neighbourhood. A transfer application means that the previously licensed boulevard cafe is not altered in any way, physically or operationally. As indicated, the former cafe operator was approved to operate a cafe subject to closing and clearing the cafe by 11:00 p.m. Mr. Reynolds had requested to operate his cafe, 24 hours a day. Given that Mr. Reynold's request was not consistent with the previous approval, a poll of the neighbourhood was conducted to determine their support.

Boulevard cafes on residential flankages 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 requires that the owner or occupant shall ensure that the boulevard cafe is closed and cleared by 11:00p.m. or, where Council has authorized extended hours of operation, the closing time as authorized by Council.

Concern # 5This cafe has no charges or convictions against it under any level of government.

Staff responseAs outlined in the body of our report, both the Ward Councillor and Toronto Police Service, Division No. 52 have identified a number of concerns relating to the business operation.

Conclusions:

Staff cannot issue Mr. Reynolds a licence for a boulevard cafe at 3-5 Isabella Street because the poll result was negative.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

KM/km

Attach

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