Boulevard Marketing -

1251 and 1253 St. Clair Avenue West

(Davenport)

The Toronto Community Council submits this matter to Council without recommendation.

The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to line the sidewalk appropriately and, in consultation with the Ward Councillors, to report directly to Council on how the enforcement of the proposed boulevard marketing could be assured.

The Toronto Community Council submits the following report (June 29, 1999) from the Manager, Right of Way Management, Transportation Services, District 1, Works and Emergency Services:

Purpose:

To report on the applicant's request to reinstate his boulevard marketing licence fronting 1251 St. Clair Avenue West and his request for a licence to display merchandise fronting 1253 St. Clair Avenue West. Given that City Council at its meeting of June 3, 4 and 5, 1998, approved the cancellation of the previously licensed boulevard marketing area fronting 1251 St. Clair Avenue West and denied the applicant's request for marketing fronting 1253 St. Clair Avenue West, we are reporting on the applicant's request. 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 reinstate the boulevard marketing fronting 1251 St. Clair Avenue West and the application for boulevard marketing fronting 1253 St. Clair Avenue West; OR

(2)City Council reinstate the boulevard marketing fronting 1251 St. Clair Avenue West and issue a licence for boulevard marketing at 1253 St. Clair Avenue West and such approval be subject to the applicant complying with the criteria set out in Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

Background:

City Council of the former City of Toronto, at its meeting of June 3, 4 and 5, 1998, approved the cancellation of the boulevard marketing licence fronting 1251 St. Clair Avenue West, subject to:

(a)a 30 day written notice of cancellation being provided to the licence holder; and

(b)the licence holder being refunded the unexpired portion of the annual boulevard marketing fee.

In addition, City Council refused the application for boulevard marketing fronting 1253 St. Clair Avenue West.

Comments:

Because of complaints about excessive marketing and curbside displays from the Corso Italia B.I.A., other business operators in the immediate area and the general public, staff had to inspect 1251 St. Clair Avenue West at various times since the boulevard marketing licence was issued. Despite repeated written warnings from the Department to stop over-marketing, staff had to lay charges against the business operator Mr. Ali Topyurek. Furthermore, Mr. Topyurek was advised that if the abuse of his privileges continued, it would result in a review of his licensed marketing and additional by-law enforcement measures, including the seizing of his merchandise.

Although Mr. Topyurek had submitted an application requesting a licence to display merchandise on the sidewalk abutting 1253 St. Clair Avenue West, because of the ongoing problems at 1251 St. Clair Avenue West, the licence was not issued. Notwithstanding this, Mr. Topyurek continued to display merchandise at 1253 St. Clair Avenue West without a licence. Charges were laid against Mr. Topyurek on April 3, 1998 for unauthorized marketing fronting 1253 St. Clair Avenue West.

Due to neighbourhood concerns, Councillor Betty Disero requested us to report on the cancellation of boulevard marketing fronting 1251 and 1253 St. Clair Avenue West. Subsequently, City Council of the former City of Toronto approved the cancellation of the marketing licence fronting 1251 St. Clair Avenue West and denied the application for permission for marketing fronting 1253 St. Clair Avenue West.

Mr. Topyurek was advised in writing on June 16, 1998 of City Council's decision and on July 17, 1998, his marketing licence fronting 1251 St. Clair Avenue West was cancelled.

Mr. Topyurek, on behalf of 1227924 Ontario Inc., o/a Berxwedan Fruits and Vegetables Market, 1251 St. Clair Avenue West, has now submitted an application on April 27, 1999, to reinstate his marketing licence. Mr. Topyurek is requesting permission to display fruits and vegetables. In addition, Mr. Topyurek has submitted an application on behalf of Budget Discount Dollar Power, 1253 St. Clair Avenue West, requesting a licence to display dollar type store merchandise fronting the location.

For the Toronto Community Council's information, while on routine patrol on April 15, 1999, inspection found a display of merchandise fronting 1251 and 1253 St. Clair Avenue West, without the authority to do so. This resulted in the seizure of a large number of crates of fruits and vegetables from 1251 St. Clair Avenue West and a large quantity of dollar store merchandise from 1253 St. Clair Avenue West.

Staff met with Councillor Disero, on-site, on May 18, 1999, to review the applicant's proposals and because of the concerns of the neighbouring businesses, Councillor Disero has requested that additional clearances be required from the proposed marketing areas fronting 1251 and 1253 St. Clair Avenue West to entrances to neighbouring businesses and 2nd storey residences. On Appendix 'A', we have indicated the proposed marketing areas fronting 1251 and 1253 St. Clair Avenue West, together with the suggested clearances to the neighbouring business and residential entrances.

Conclusions:

Given that City Council had directed that the marketing licence fronting 1251 St. Clair Avenue West be rescinded and a licence for marketing fronting 1253 St. Clair Avenue West be denied, we are reporting on the applicant's proposal to reinstate the licence fronting 1251 St. Clair Avenue West and the request for a licence fronting 1253 St. Clair Avenue West.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal to reinstate the boulevard marketing licence fronting 1251 St. Clair Avenue West and permission for a licence fronting 1253 St. Clair Avenue West.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, Clause No. 54 of the Toronto Community Council Report No. 6, titled "Cancellation of Boulevard Marketing - 1251 St. Clair Avenue West and Denial of Boulevard Marketing - 1253 St. Clair Avenue West (Davenport)", which was adopted, without amendment, by City Council on June 3, 4 and 5, 1998.

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(A copy of Appendix A, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on May 27, 1998, and a copy thereof is on file in the office of the City Clerk).

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The following person appeared before the Toronto Community Council in connection with the foregoing matter:

-Mr. Domenic Tagliola, Monaco Boiani Demarco; and

-Mr. Giuseppe Defilippis, Toronto, Ontario.