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Licensing and Standards Committee


Meeting No. 28   Contact Dela Ting, Acting Administrator
Meeting Date Wednesday, March 10, 2010
  Phone 416-397-7769
Start Time 9:30 AM
  E-mail lsc@toronto.ca
Location Committee Room 2, City Hall
  Chair   Councillor Howard Moscoe  

LS28.1

ACTION

Deferred 

 

Ward: All 

Fairness Protocol for Removal of Street Vendors

Committee Decision

The Licensing and Standards Committee:

 

1.         Deferred consideration of this item so as to allow the Chair of the Licensing and Standards Committee to convene a meeting with Downtown Ward Councillors for Wards 20, 27 and 28 and the Street Food Vendors' Association to see if an accommodation can be worked out on this matter.

 

2.         Requested the Ward Councillors for Wards 20, 27 and 28 to invite representatives from their Business Improvement Areas (BIAs) if they so wish; and

 

3.         Requested the Chair of the Licensing and Standards Committee to report back to the Committee on the outcome of this meeting.

Origin
(October 21, 2009) Report from Executive Director, Municipal Licensing and Standards
Summary

The purposes of this report are three-fold:  to consider a fairness protocol for the removal of street vendors when the City requires them to vacate their permitted vending location; to determine the feasibility of establishing a threshold system similar to the taxi industry; and in consultation with the City Solicitor, to review the process for the City rescinding and not renewing street vending permits on an annual basis.

 

Additionally, staff was asked to report back on modifications to the moratorium in Wards 20, 27, and 28 so as to allow for the receipt of applications for the re-issuance of vending permits that are returned or not renewed by existing vendors in the area bounded by the moratorium, to maintain the number of existing vending locations in those Wards.

 

The City Solicitor, Technical Services, the Toronto Transit Commission (TTC), Transportation Services – Street Events Unit, as well as the Street Food Vendors’ Association was consulted in the preparation of this report.

Background Information
Staff Report from Executive Director, Municipal Licensing and Standards
(http://www.toronto.ca/legdocs/mmis/2010/ls/bgrd/backgroundfile-26651.pdf)

Communications
(November 2, 2009) E-mail from Taylor Raths, General Manager, Yonge-Dundas Square (LS.Main.LS28.1.1)
(November 4, 2009) Letter from Fred Haywood (LS.Main.LS28.1.2)
(November 4, 2009) Letter from George Milbrandt, Chair, St. Lawrence Market Neighbourhood BIA (LS.Main.LS28.1.3)
(December 18, 2009) Letter from O. Gounlakis, President, St. Lawrence Market Tenants Association (LS.Main.LS28.1.4)
(January 13, 2010) Letter from Marianne Moroney, Executive Director, Street Food Vendors Association (LS.Main.LS28.1.5)
(March 9, 2010) Letter from Ron Palmer, Chair, PPUD Committee, Bloor-Yorkville BIA (LS.New.LS28.1.6)
Speakers

Al Smith, Executive Director, St. Lawrence Market Neighbourhood BIA (Submission Filed)
Marianne Moroney, Executive Director, Street Food Vendors Association (Submission Filed)

Motions
1 - Motion to Defer Item moved by Councillor Howard Moscoe (Carried)

1.         That consideration of the item be deferred;

 

2.         That the Chair of the Licensing and Standards Committee be requested to convene a meeting that includes 3 Downtown Ward Councillors and the Food Vendors' Association to see if an accommodation can be worked out on this matter;

 

3.         That the Downtown Ward Councillors (for 20, 27 and 28) be requested to invite representatives from the BIA's if they so wish, and

 

4.         That the meeting be reported back to this Committee.


LS28.2

ACTION

Adopted 

 

Ward: All 

Harmonization of Renewal Dates for Street Vending Permits and Related Business Licences
Public Notice Given

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1.         City Council adopt amendments to Chapter 315, Street Vending, of the Former City of Toronto, as follows:

 

a.         For vending permits requiring a business licence, the term and renewal date be harmonized to the term and anniversary date of issuance of the related business licence;

 

b.         Where necessary, adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence held by the vendor;

 

c.         For vending permits issued after January 1, 2011 that do not require a business licence, renewal dates be set to the date of issuance of the permit;

 

d.         For new vending permits issued within 90 days of the business licence renewal, fees will be pro-rated to align with the business licence renewal date of the following year, otherwise adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence in the current year.

 

2.         City Council adopt amendments to By-law 32100, of the Former City of North York, respecting vending on sidewalks and un-travelled portions of roads of the City of North York, as follows:

 

a.         Permits be issued for one year, and be renewed annually;

 

b.         For vending permits requiring a business licence, the term and renewal date be harmonized to the term and anniversary date of issuance of the related business licence;

 

c.         Where necessary, adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence held by the vendor;

 

d.         For vending permits issued after January 1, 2011 that do not require a business licence, renewal dates be set to the date of issuance of the permit;

 

e.         For new vending permits issued within 90 days of the business licence renewal, fees will be pro-rated to align with the business licence renewal date of the following year, otherwise adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence in the current year.

 

3.         City Council adopt amendments to By-law 18-97 of the Former City of East York, To Establish Removal Zones and Regulate Vending on Borough Roads, as follows:

 

a.         For vending permits requiring a business licence, the term and renewal date be harmonized to the term and anniversary date of issuance of the related business licence;

 

b.         Where necessary, adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence held by the vendor;

 

c.         For vending permits issued after January 1, 2011 that do not require a business licence, renewal dates be set to the date of issuance of the permit;

 

d.         For new vending permits issued within 90 days of the business licence renewal, fees will be pro-rated to align with the business licence renewal date of the following year, otherwise adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence in the current year.

 

4.         City Council direct the City Solicitor to prepare the necessary bill to give effect to the recommendations in this report.

Decision Advice and Other Information

Public notice has been given in the manner prescribed in the Toronto Municipal Code Chapter 162, Notice, Public.

Origin
(February 24, 2010) Report from Executive Director, Municipal Licensing and Standards
Summary

The purpose of this report is to streamline the street vending permit renewal process by harmonizing vending permit renewal dates with the associated business licence renewal date, and to consolidate vending permit applications and permit renewals at one location.

 

These changes will enable clients who renew both a street vending permit and a business licence to renew annually at the same time and at one location. They will also reduce the administrative workload currently experienced by the district offices.

 

In order to give staff time to prepare for these changes (that is, provide sufficient time to notify affected vendors, and to upgrade the corresponding IT systems), staff are recommending that implementation take effect January 1, 2011 and be complete by December 31, 2011.

 

The Street Food Vendors Association was consulted in developing the recommendations of this report. Additionally, the City Solicitor and the Deputy City Manager and Chief Financial Officer were consulted in the preparation of this report.

Background Information
Staff Report from Executive Director, Municipal Licensing and Standards
(http://www.toronto.ca/legdocs/mmis/2010/ls/bgrd/backgroundfile-27924.pdf)

Motions
1 - Motion to Adopt Item moved by Councillor Rob Ford (Carried)

LS28.3

ACTION

Amended 

 

Ward: All 

Licensing of Paving Contractors

Committee Decision

The Licensing and Standards Committee:

 

1.         Referred the report (February 24, 2010) from the Executive Director, Municipal Licensing and Standards to the Public Works and Infrastructure Committee for their consideration, specifically to implement a harmonized permitting process citywide for driveway paving that will address zoning issues related to driveway paving when reviewing the proposed harmonized Right-of-Way By-law.

 

2.         Requested the Executive Director, Municipal Licensing and Standards to:

 

a.         report to the Licensing and Standards Committee on a by-law to license paving contractors to ensure that they work in a safe manner and respect all City by-laws and various codes and have sufficient liability insurance on private and public property.

 

b.         in consultation with appropriate City staff, report to the Licensing and Standards Committee on a proposal to reduce the cost of a paving permit so that it would not discourage persons from obtaining a permit, such fee to be on a cost recovery basis including the fees generated from the license fee.

Decision Advice and Other Information

Gary Welsh, General Manager, Transportation Services was present to answer questions.

 

Councillor Mike Del Grande addressed the Licensing and Standards Committee.

Origin
(February 24, 2010) Report from Executive Director, Municipal Licensing and Standards
Summary

The purpose of this report is to examine the feasibility of introducing a category of business licence for driveway paving contractors in order to shift responsibility for compliance with the City’s paving by-laws from the homeowner to the paving companies.

 

The City of Toronto currently enforces issues related to over-paving and widening of driveways through the Toronto Municipal Code, Property Standards By-laws, Zoning By-laws and Transportation Services Right-of-Way Management administers and enforces permits for the construction, reconstruction and the alteration of driveways, therefore the licensing of paving contractors is not necessary.

 

Proposing to license driveway paving contractors in order to attempt to control over-paving and driveway widening is not an appropriate use of the City’s licensing power. The enforcement of illegal paving and other related issues is better dealt with under the appropriate by-laws already in place.

 

There is insufficient evidence of a municipal purpose to license driveway paving contractors at this time.

Background Information
Staff Report from Executive Director, Municipal Licensing and Standards
(http://www.toronto.ca/legdocs/mmis/2010/ls/bgrd/backgroundfile-27925.pdf)

Speakers

Councillor Mike Del Grande

Motions
1 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

1.         The Executive Director, Municipal Licensing and Standards be requested to report to the Licensing and Standards Committee on a by-law to license paving contractors to ensure that they work in a safe manner and respect all City by-laws and various codes; have sufficient liability insurance on private and public property.

 

2.         The Executive Director, Municipal Licensing and Standards, in consultation with the appropriate City staff, be requested to report to the Licensing and Standards Committee on a proposal to reduce the cost of a paving permit so it would not discourage persons obtaining a permit; such fee to be on a cost recovery basis including the fees generated from the license fee.


2 - Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)

LS28.4

ACTION

Amended 

 

Ward: All 

Taxicab Lease Agreements
Public Notice Given

Committee Decision

The Licensing and Standards Committee:

 

1.         Requested the Executive Director, Municipal Licensing and Standards Division to:

 

a.         continue consultations on the issue of the terms and conditions of taxicab leasing found in the City of Toronto Municipal Code, pending a further report to the Licensing and Standards Committee from the Executive Director, Municipal Licensing and Standards and the City Solicitor on taxicab leasing.

 

b.         report on the feasibility of:

 

i.          requiring plate owners to enter into contracts with lessees for the life of the vehicle without just cause;

 

ii.         extending the notice provision for terminating a contract to one year;

 

iii.        developing measures to enforce current City by-laws requiring owners to purchase their own vehicle.

 

2.         Prior to reporting out on this matter, requested the Executive Director, Municipal Licensing and Standards to meet with taxi owners and lessees to discuss options for resolving the issue of taxicab leases.

Origin
(February 26, 2010) Report from Executive Director, Municipal Licensing and Standards
Summary

The purpose of this report is to inform the Licensing and Standards Committee on the issue of a review by Municipal Licensing and Standards of the current provisions in the City of Toronto Municipal Code, Chapter 545, Licensing, relative to the terms and conditions of taxicab leasing in the City of Toronto.

Background Information
Staff Report from Executive Director, Municipal Licensing and Standards
(http://www.toronto.ca/legdocs/mmis/2010/ls/bgrd/backgroundfile-27955.pdf)

Communications
(March 2, 2010) Letter from Gerald H. Manley (LS.New.LS28.4.1)
(March 3, 2010) Letter from Louis M. Seta (LS.New.LS28.4.2)
(March 6, 2010) Letter from Andy Reti (LS.New.LS28.4.3)
(March 8, 2010) Letter from Jim Bell, Spokesperson, Toronto Taxicab Brokerage Association (TTBA) and Appendix A legal opinion from George H. Rust-D'Eye, LLP WeirFoulds (LS.New.LS28.4.4)
(March 9, 2010) Letter from Peter M. Rosenthal, Barrister and Solicitor, Roach, Schwartz and Associates (LS.New.LS28.4.5)
Speakers

Peter Leibovitch, Executive Director, iTaxiworkers
Sajid Mughal, President, ITaxiworkers
Atif Hayat, obo iTaxiworkers
Yassir Hayat, obo iTaxiworkers
Andy Reti (Submission Filed)
Jim Bell, Spokesperson, Toronto Taxicab Brokerage Association (TTBA) (Submission Filed)
Kuldip Singh
Baljit Sikand, Association of Toronto Cab Operators

Motions
1 - Motion to Amend Item (Additional) moved by Councillor Denzil Minnan-Wong (Carried)

That the Executive Director, Municipal Licensing and Standards report on the feasibility of:

 

a.      requiring plate owners to enter into contracts with lessees for the life of the vehicle;

 

b.      extending the notice provision for terminating a contract to one year; and

 

c.      developing measures to enforce current City by-laws requiring the owner to purchase their own vehicle.


2 - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That prior to reporting out on this matter, the Executive Director, Municipal Licensing and Standards be requested to meet with taxi owners and lessees to discuss options for resolving the issue of taxicab leases; and

 

That Part 1a of Councillor Minnan-Wong's motion be amended by adding the words 'without just cause' after the word 'vehicle'.


3 - Motion to Adopt Item as Amended moved by Councillor Denzil Minnan-Wong (Carried)

Procedural Motions
Motion to Adopt Minutes moved by Councillor David Shiner (Carried)

Councillor Moscoe announced with deep regret the recent passing of Marion Styles, Administrator, Toronto Licensing Tribunal.

Wednesday, March 10, 2010
Councillor Howard Moscoe, Chair, Licensing and Standards Committee
Meeting Sessions
Session Date Session Type Start Time End Time Public or Closed Session
2010-03-10 Morning 9:37 AM 11:37 AM Public
Attendance
Members were present for some or all of the time period indicated.
Date and Time Quorum Members
2010-03-10
9:37 AM - 11:37 AM
(Public Session)
Present Present: Ford, Minnan-Wong, Moscoe (Chair), Perruzza, Shiner
Not Present: Feldman
Also present (non-members): Mike Del Grande