Possible Precedents for Permitting Vending within
25 m of Businesses Selling Similar Products
(All Wards Within Former City of Toronto)
(City Council on December 16 and 17, 1998, deferred consideration of this Clause to the next
regular meeting of City Council to be held on February 2, 3 and 4, 1999.)
The Toronto Community Council recommends that:
(1)the application for sidewalk/boulevard vending on John Street, east side, 9 metres
north of Richmond Street West, be refused; and
(2)City Council deny any changes to the distancing requirement between local business
and vendors in Municipal Code Chapter 315, Street Vending, of the former City of
Toronto Municipal Code.
The Toronto Community Council submits the following report (November 30, 1998)
from the Manager, Right of Way Management, Transportation Services, Works and
Emergency Services:
Purpose:
To report on permitting a proposed vending location in the former City of Toronto road
allowance within 25 m of a business selling similar products.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
The Toronto Community Council may recommend that:
(1)the application for sidewalk/boulevard vending on John Street, east side, 9 metres north of
Richmond Street West, be refused; and
(2)City Council deny any changes to the distancing requirement between local business and
vendors in Municipal Code Chapter 315, Street Vending, of the former City of Toronto
Municipal Code;
OR
(3)should City Council approve the application for sidewalk/boulevard vending on John
Street, east side, 9 metres north of Richmond Street West, the BIAs of the former City of
Toronto be notified of the proposed application and be given an opportunity to appear before
the Toronto Community Council.
Background:
The Toronto Community Council, at its meeting of September 16, 1998, in considering a
report (June 10, 1998) from the Acting Assistant Director, By-law Administration and
Enforcement, entitled "Appeal of Denial of Application for Sidewalk Boulevard Vending
Permit - John Street, east side, 9 metres north of Richmond Street West", deferred
consideration of the matter until no later than its meeting to be held on December 9, 1998 and
requested the Commissioner of Works and Emergency Services to report to the Toronto
Community Council on the possible precedents involved in this application.
Comments:
Current Regulations:
Sidewalk/boulevard and curblane vending is governed by the provisions set out in Municipal
Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, which, in
part, stipulates as follows:
315-8 A(2) (d) & (h)
"No portion of the designated area shall:
(d)Be located less than twenty-five (25) metres from any part of a business which sells to the
public products similar to those proposed to be sold from the food vending vehicle, the
portable display unit or the work station.
(h)In the case of a food vending vehicle or a portable display unit, be located within a
twenty-five metres radius of an existing designated area for a food vending vehicle or a
portable display unit, where the permit for the designated area is issued after September 16,
1991."
These regulations were introduced to:
(a)minimize the vending activity within the City's right-of-way to ensure safe and clear
passage of pedestrian movement;
(b)prevent the proliferation of vending activity on the City's right-of-way;
(c)ensure that there is no direct competition with local businesses;
Sidewalk/boulevard vending provides a significant contribution to animating street activity. In
the past couple of years, we have received a number of requests from vendors for permission
to reduce the distancing requirement either from a local business or from another vendor. As
these sidewalk/boulevard and curblane vendors are another physical obstruction to the City's
right-of-way we did not entertain such requests nor recommend the reduction of the distancing
requirements. In fact, we continuously receive complaints from local businesses and other
vendors about the direct competition and the related problems (i.e. garbage, etc) associated
with vending, requesting that we increase the distancing requirements.
Mr. Guadron's proposed location is within 14 metres of "The Sandwich Table" restaurant
located at 150 John Street. He has a letter of support from the owner of the restaurant,
provided that the hours of operation from the vending location be restricted from 9:00 p.m. to
5:00 a.m., Monday to Sunday. Further, the owner wishes to reserve the right to withdraw his
support, in the event the permit is not issued within one year from the date of the letter.
As indicated in the report of June 10, 1998, approving this request would set a precedent.
Furthermore, the potential for cash deals between businesses and vendors, in trade for a letter
of consent is highly probable, as well as bidding wars between vendors, where vending late at
night is extremely lucrative, in areas such as the "Entertainment District".
Administration and monitoring of these types of permits will be difficult, if not impossible, as
letters of consent could be rescinded at any time.
The request to approve a vending location even though it does not meet the distancing
requirements subject to the letter of consent from the adjacent business operator would set a
precedent and I would not recommend such a proposal.
Conclusions:
The street vending program seeks to balance the benefits that street vending businesses
contribute in animating streets, providing a service and affording an opportunity for small
business entrepreneurs with the demands of maintaining safe accessible sidewalks, pleasant
streetscape environments and protecting existing business operations.
Amending the By-law to permit vending within twenty-five (25) metres of a business selling a
similar product would jeopardise the consistency of the vending programme. However, if this
is a request which Council wishes to support in principle, I recommend that the local BIAs'
views are also considered, through a public process.
Contact Name and Telephone Number:
Lisa Forte, 392-1801
Respectfully submitted,
COUNCILLOR KYLE RAE,
Chair
Toronto, November 12, 1998 December 9 and 10, 1998
Frances M. Pritchard
Tel: (416) 392-7033
