August 26, 1999

To:Toronto Community Council

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

Subject:Cancellation of Boulevard Marketing - 281 Augusta Avenue (Downtown)

Purpose:

To report on the cancellation of the boulevard marketing licence fronting 281 Augusta Avenue because of ongoing unsafe display practices and excessive marketing. 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 rescind the licensed boulevard marketing fronting 281 Augusta Avenue 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 281 Augusta Avenue.

Background:

Mr. John Rasmussen, o/a Kensington Trading Post, 281 Augusta Avenue, Toronto, Ontario M5T 2M1, was issued a licence to occupy 12.9 square metres of the City's right of way fronting 281 Augusta Avenue to display merchandise on June 29, 1998 (Appendix 'A'). Because of on-going complaints of excessive marketing displays and the safety concerns, we are reporting on the cancellation of the boulevard marketing privileges.

Comments:

Boulevard marketing is governed by the criteria set out in Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. In accordance with the provisions of the Municipal Code, a licence may be issued to shopkeepers wishing to display their merchandise on the sidewalk/boulevard adjacent to their respective businesses provided sufficient sidewalk space remains for unimpeded pedestrian use. The display is to be confined within the licensed area and displayed upon properly constructed display stands.

Mr. Rasmussen operates a second hand shop and for the most part his display mainly consists of large bulky items such as appliances, desks, couches, etc., which are haphazardly piled on top of each other, resulting in an unsafe display. Appendices 'B' and 'C' includes photographs of the store front showing the display of merchandise.

Arising from complaints pertaining to the unsafe display of merchandise and overmarketing, staff contacted Mr. Rasmussen on September 11 and November 8, 1998 and Notices of Advice were issued to Mr. Rasmussen about the manner in which he displayed his merchandise.

These concerns were also conveyed to Mr. Rasmussen in the Department's letters of November 12, and December 17, 1998, respectively. Furthermore, Mr. Rasmussen was advised that if these practices continued, we would review the matter further with a view to cancelling his marketing privileges.

Despite the Department's requests, follow up inspections on December 30, 1998 and January 7, April 22, April 23, May 5, May 19 and June 3, 1999, showed that Mr. Rasmussen continued to store his merchandise within the boulevard in an unsafe manner and extending his marketing beyond the approved area.

Conclusions:

Because of the on-going problems associated with excessive marketing and the unsafe manner as to how the merchandise is being displayed, it is recommended that the boulevard marketing licence fronting 281 Augusta Avenue be cancelled.

Should the Toronto Community Council decide to cancel the licensed boulevard marketing fronting 281 Augusta Avenue, in accordance with the Municipal Code requirements, 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 cancel the boulevard marketing fronting 281 Augusta Avenue.

Contact Name and Telephone Number:

Fani Lauzon, 392-7564

Manager

Attach

JM/jm

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