Boulevard Cafe - Savorie -
Montclair Avenue Flank of
390 Spadina Road (Midtown)
The Toronto Community Council again recommends that City Council deny the continuation of the boulevard cafe
on the Montclair Avenue flank of 390 Spadina Road.
The Toronto Community Council submits Clause No. 12 of the Toronto Community Council Report No. 8, titled
"Boulevard Cafe - Montclair Avenue Flank of 390 Spadina Road (Midtown)", which was referred back to the
Toronto Community Council for further consideration and the hearing of deputations at its meeting held on June 9,
10 and 11, 1999:
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(City Council on June 9, 10 and 11, 1999, struck out and referred this Clause back to the Toronto Community Council for
further consideration and the hearing of deputations; and the Manager of Right of Way Management, Transportation
Services, District 1, Works and Emergency Services, was requested to direct the applicant to cease and desist from
operating the boulevard café forthwith, pending a Council decision on the applicant's 1999 licence application.)
The Toronto Community Council recommends that City Council deny the continuation of the boulevard cafe on the
Montclair Avenue flank of 390 Spadina Road.
The Toronto Community Council submits the following report (May 11, 1999) from the Manager of Right of Way
Management, Transportation Services, District 1, Works and Emergency Services:
Purpose:
To report on the operation of the boulevard cafe on the Montclair Avenue flankage of 390 Spadina Road. 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 continuation of the boulevard cafe on the Montclair Avenue flank of 390 Spadina Road; or
(2)Should City Council approve the continuation of the licence for the boulevard cafe on the Montclair Avenue flank of
390 Spadina Road, with the same terms and conditions as previously approved, the Commissioner of Works and
Emergency Services be requested to report back at the end of the 1999 cafe season on the operation of the cafe.
Background:
City Council of the former City of Toronto, at its meeting of July 14, 1997, approved the application for a boulevard cafe,
notwithstanding the negative response to the public poll on the Montclair Avenue flank of 390 Spadina Avenue on a trial
basis for one year only, subject to:
(a)the applicant complying with the criteria set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks,
of the former City of Toronto Municipal Code;
(b)the patio being closed and cleared by 11:00 p.m., seven days a week;
(c)the applicant agreeing to serve no alcohol to patrons in the boulevard cafe for the first year; and
(d)the applicant agreeing that no music be played within the area of the outside patio and that this also be noted as a
condition in the licence.
Comments:
Licences for boulevard cafes 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. The provisions of the Municipal Code require the applicant
approved for a boulevard cafe, prior to receiving a licence or permission to operate a boulevard cafe, to pave the area for
cafe purposes, provide a third party liability insurance policy to indemnify the City, pay in advance an annual rental fee for
the use of the City boulevard used for cafe purposes and enter into an agreement with the City of Toronto.
Paving of the boulevard was completed in October 1997 and on June 23, 1998, the requisite insurance documentation was
received. Subsequently, a licence was issued on June 25, 1998 to Mr. Ian Genua.
Although a licence for the boulevard cafe on the Montclair Avenue flank of 390 Spadina Road was not issued until June
25, 1998, advice of complaint was received on May 19, 1998 through Councillor Adam's office, on behalf of an area
resident, that the cafe was operating beyond the 11:00 p.m. closing time restriction and alcohol was being served within the
boulevard area. In addition, the complainant indicated that amplified sound, being played inside the restaurant, was being
emitted onto the patio area.
Staff met with Mr. Genua, the business operator, to discuss the area resident's concerns pertaining to the operation of the
cafe and noise related matters as affecting Montclair Avenue. In addition, Mr. Genua was advised of his responsibility in
ensuring that the cafe must be closed and cleared by 11:00 p.m. and all doors and windows, located on the residential
flankage (Montclair Avenue), must be closed while there is music or amplified sound being played inside his restaurant.
Following the issuance of the cafe licence, the operation of the boulevard cafe was monitored periodically. Inspections
showed that the cafe operated according to the conditions of approval with the exception of one occasion, namely July 10,
1998. Again complaints were received from area residents pertaining to the cafe being operated past the 11:00 p.m. closing
time restriction and alcohol being served and consumed within the boulevard cafe area. On July 10, 1998, staff observed
that patrons were seated within the cafe area at approximately 11:35 p.m., however, no table service was being provided by
the restaurant.
According to Mr. Richard Coulis, Legal Counsel for the Alcohol and Gaming Commission, staff of the Alcohol and
Gaming Commission have conducted periodic inspections because of complaints pertaining to the serving of alcohol on the
patio and on one occasion observed alcohol being served to the cafe patrons of Savorie Restaurant on July 22, 1998. At a
hearing on May 7, 1999 to review the liquor licence application for the outdoor patio, the business operator was issued a
suspension of the liquor licence for the restaurant for 5 days (last 2 days of July and first 3 days in August 1999).
In addition, his licence application for the outdoor patio was not approved pending decision on the continuance of the
boulevard cafe by City Council.
Conclusions:
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council
approve the continuance of the boulevard cafe on the Montclair Avenue flank of 390 Spadina Road annually under the
present terms and conditions imposed by City Council of the former City of Toronto.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
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Ms. Hanya Kizenchuk appeared before the Toronto Community Council in connection with the foregoing matter.
The Toronto Community Council reports, for the information of Council, having also had before it during consideration of
the foregoing matter, the following communications, and copies thereof are on file in the office of the City Clerk:
-(May 25, 1999) from Mr. David P. Silcox;
-(May 25, 1999) from Mr. John M. Dirks; and
-(May 25, 1999) from Mr. Joseph L. Bloomenfeld, Barristers & Solicitors requesting deferral.
(City Council on June 9, 10 and 11, 1999, had before it, during consideration of the foregoing Clause, the following
communications:
(i)(May 25, 1999) from Mrs. Eyton Jennings, President, York Condominium 33 regarding the issuance of a boulevard
cafe license for Montclair Avenue, flankage of 360 Spadina Avenue (Midtown); and
(ii)(June 8, 1999) from Mr. Joseph L. Bloomenfeld, Barristers and Solicitors, on behalf of Savorie Restaurant, requesting
that Council either grant an extension of the boulevard cafe license or alternatively, refer this matter back to the Toronto
Community Council for further consideration.)
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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of
the foregoing matter, the following communications, and a copy thereof are on file in the office of the City Clerk:
-(July 7, 1999) from Ms. Sharon Cohen, Dickson MacGregor Appell Burton, Barristers and Solicitors;
-(Undated) submitted by Councillor Adams - Agreed Statement of Facts;
-(Undated) from Mrs. Nonie Jennings;
-(July 13, 1999) from Ms. Rhonda Becker;
-(July 14, 1999) from Mr. Joseph L. Bloomenfeld, Barristers & Solicitors obo Savorie Restaurant;
-(June 8, 1999) from Mr. Joseph L. Bloomenfeld, Barristers & Solicitors obo Savorie Restaurant;
-(Undated) from K.M. Tomory;
-(July 11, 1999) from M.L. Cavanagh;
-(July 11, 1999) from Mr. Alan Dumais;
-(July 10, 1999) from Ms. Barbara Anderson;
-(July 12, 1999) from Mr. Brad Brown and Ms. Donna Zemlickis; and
-(June 8, 1999) from Mr. Joseph Bloomenfeld, Barristers & Solicitors obo Savorie Restaurant.
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The following persons appeared before the Toronto Community Council on July 15, 1999, in connection with the
foregoing matter:
-Mr. Joseph Bloomenfeld, Barristers & Solicitors, obo Savorie Restaurant;
-Ms. Hanya Kizemchuk, Toronto, Ontario; and
-Mr. John Artibello, Toronto, Ontario.
