Cancellation of Boulevard Marketing - 1251 St. Clair Avenue West

and Denial of Boulevard Marketing - 1253 St. Clair Avenue West

(Davenport)

The Toronto Community Council recommends that:

(1) City Council rescind the licensed boulevard marketing fronting 1251 St. Clair Avenue 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; and

(2) the application for boulevard marketing fronting 1253 St. Clair Avenue West be refused.

The Toronto Community Council submits the following report (May 13, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

Purpose:

To report on the cancellation of the licensed boulevard marketing fronting 1251 St. Clair Avenue West and on the business operator's application for boulevard marketing fronting 1253 St. Clair Avenue West because of ongoing problems, as requested by Councillor Disero. As licence holders must be given the opportunity to be heard before a Committee of Council prior to the revocation of a licence, this matter 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 1251 St. Clair Avenue subject to:

(a) the licence holder be notified and be given the opportunity to be heard by the Toronto Community Council;

(b) that 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 1251 St. Clair Avenue West, and I be directed to continue with the processing of the application for boulevard marketing fronting 1253 St. Clair Avenue West.

Background:

Councillor Betty Disero, in her communication dated April 20, 1998 (Appendix 'A'), requested a report on the cancellation of licences for boulevard marketing fronting Nos. 1251 and 1253 St. Clair Avenue West.

Comments:

(a) The application

Mr. Ali Topyurek operates the businesses at 1251 and 1253 St. Clair Avenue West. Mr. Topyurek was issued a licence for boulevard marketing at 1251 St. Clair Avenue West on April 29, 1996, allowing him to display goods in an area of 9.1 sq. m. on the sidewalk. Although Mr. Topyurek has also applied to display goods in front of 1253 St. Clair Avenue West as well, a licence has not been issued to-date.

(b) The problems

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 have 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 the over-marketing, staff have had to lay charges against Mr. Topyurek. A list of the dates of notices, letters and charges is attached as Appendix 'B'

Mr. Topyurek has been 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, which may include the seizing of merchandise outside the licensed area.

Of note, on our June 3, 1997 inspection, we found not only merchandise being displayed in excess of the permitted limits and at curbside, but also Mr. Topyurek had parked a vehicle in front of 1251 St. Clair Avenue West and was displaying his merchandise from the vehicle.

In addition to the over-marketing, Mr. Topyurek has also erected a fixed awning with steel support posts that extend to the sidewalk area outside the licensed marketing area and therefore, impede pedestrian traffic. A list of the dates of notices, letters and charges for this violation is also shown in Appendix 'B'.

Although Mr. Topyurek submitted an application on February 16, 1998, requesting a licence to display merchandise on the sidewalk abutting 1253 St. Clair Avenue West, because of the ongoing problems at 1251 St. Clair West, the licence has not been issued. However, Mr. Topyurek continued to display merchandise at 1253 St. Clair West without a licence.

(c) Current situation

On inspections since April 17, 1998, the display at 1251 St. Clair Avenue West has been within the licensed area and no merchandise has been displayed in front of 1253 St. Clair Avenue West. The support posts to the fixed awning at 1251 St. Clair Avenue West have been relocated.

However, should the Toronto Community Council recommend that the licence for boulevard marketing at 1251 St. Clair Avenue West be rescinded, in accordance with the Municipal Code requirements, a 30 day written notice of cancellation must 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.

Conclusions:

From the evidence in this report and on hearing the deputations, the Toronto Community Council must decide whether or not to:

(a) cancel the boulevard marketing fronting 1251 St. Clair Avenue West; and

(b) grant the application for boulevard marketing fronting 1253 St. Clair Avenue West.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

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APPENDIX 'B'

Nos. 1251 and 1253 St. Clair Avenue West

Dates of Notices, Department Letters and Charges

(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).