Street Vending Application submitted by Mr. Tony Ivanov

in the vicinity of East York Collegiate

at Coxwell Avenue and Plains Road

The East York Community Council recommends as follows:

(1)that the appeal by Mr. M. Doyle, on behalf of Mr. Tony Ivanov, for a street vending application in the vicinity of East York Collegiate at Coxwell Avenue and Plains Road be denied;

(2)that the following report (June 8, 1998) from the Commissioner of Development Services, East York, be received; and

(3)that the following communications be received:

Purpose:

This is to report to the June 24, 1998, East York Community Council meeting. The applicant would like to obtain a street vending permit in the vicinity of Coxwell Avenue and Plains Road.

Financial Implications:

There is a $200 application fee and a $1,500 yearly permit fee for the right to operate a portable hot dog vending unit in the City's Boulevard area. In this case, the applicant does not have to pay for the construction of a concrete pad since the boulevard area is paved.

Recommendations:

" That this report be received for information."

Background:

In February of this year, the applicant, Mr. Tony Ivanov, applied for a hot dog vending permit for the vicinity of Coxwell Avenue and Plains Road, in front of East York Collegiate.

Since Mr. Ivanov's application meets the requirements of the street vending By-Law No.18-97, the Borough Clerk was asked to notify owners and occupants within sixty (60) meters of the proposed vending location. The applicant was given a copy of the all the letters of objection received and the application was denied on March 17, 1998 as per the By-Law.

The City then received a letter, dated April 10, 1998, from the applicant's lawyer, Mr. M. Doyle, stating the grounds for appeal.

Discussion:

The concerns and objections raised by the owners and occupants of the area are as follows:

. Mr. George Christidis and Ms. Freda Christidis, 984 and 986 Coxwell Avenue, feel that the existing food establishments would lose some business to a hot dog vender;

. Mrs. H. Cogionis, homeowner, 2 Treadway Boulevard, is tired of cleaning the garbage on her front yard, created by the East York Collegiate students frequenting the existing shops and another vender would only make it worse;

. Mrs. E. Mathews, homeowner, 422 Plains Road, is also concerned about the litter and would like the hot dog vender restricted to a "specific area" if the permit is granted;

. Mr. Danny Vogiatjis, store owner, 965 Coxwell Avenue, is concerned about cars stopping for a hot dog, pedestrian safety, as well as, the affect this may have on his business;

. Mr. Tony Sortino, Sanfrancisco Foods, 965 Coxwell Avenue, has health concerns about food the venders prepare and sell;

. a petition of objection listing ten (10) names and addresses of businesses in the area, indicates that the businesses are very concerned about the amount of litter on the streets;

. Dr. P. Bender, 957 Coxwell Avenue, is concerned about the unsightly garbage which may be a health hazard.

The applicant's letter of appeal presents the following arguments to the objections and concerns expressed:

. if the shopping area of Coxwell Avenue is littered, than this is a problem for sanitation and garbage removal and it would be unfair to not issue a permit to the applicant on the grounds that there would be more street garbage;

. hot dog venders normally serve pedestrians. If cars were stopping unlawfully than traffic enforcement is available;

. the health concerns are addressed in the standards that all licensed venders must comply with in Toronto;

. restricting commercial activity is not the fairest and most effective way of dealing with a litter problem created by the students.

The street vending By-Law requires that a portable vending unit may not be located less than twenty-five (25) meters from any business which sells to the public products that are similar. In this case the vending unit would be located at approximately forty-four (44) meters or 145 feet.

With respect to the health concerns expressed, the By-Law requires that the vender obtain a certificate from the Medical Officer of Health for the East York Health Unit or from the Medical Officer for another Health Unit in Ontario, indicating that the Portable Vending Unit from which food is served complies with the regulations made under the Health Protection and Promotion Act. In addition, the applicant as well as all persons intended to be working with the Portable Vending Unit are required to show evidence that they have completed a food handler course and that they understand the training received.

It appears that littering is a major concern of the store owners and homeowners of the Coxwell Avenue and Plains Road area. The hot dog vender would not necessarily contribute directly to the amount of litter since he could lose his permit if the boulevard is not kept in a clean and sanitary condition free from grease, papers, rubbish and debris.

The notice that was sent out to the residents of the area includes a plan that clearly indicates the exact location of the proposed vending site. Since the designated area ( 2.32 square meters) is already hard surfaced, paint will be used to mark the exact location.

The permit shall be due for renewal on April 30, 1998 which coincides with the permits issued by the former City of Toronto.

Conclusions:

The application meets the requirements of the By-Law and the people affected in the area were notified. Since letters of objection were received, the application was automatically refused as per the By-Law. The applicant has appealed the decision and the Commissioner is required to report to Council. If Council should decide to grant the permit, we shall monitor the activity of the vendor closely and if there are any complaints the vender may lose his license or the permit may not be renewed next year.

Contact Name:

Frank Pugliese

Coordinator of Engineering Services

East York Office

Telephone No.:(416)778-2226

Fax No.:(416)466-9877

(June 8, 1998) from the Commissioner of Development Services, East York, advising on the status of a Street Vending Application that was submitted by Mr. Tony Ivanov, who applied for a hot dog vending permit in the vicinity of Coxwell Avenue and Plains Road. Objections to this permit were received from the public and the application was denied. A letter has been received from Mr. M. Doyle, the applicant's lawyer stating grounds for appeal. The Commissioner of Development Services, East York, recommends that this report be received for information.

(April 10, 1998) from Mr. Michael Doyle, Toronto, appealing the denial of the street vending application submitted by Mr. Tony Ivanov in the vicinity of East York Collegiate at Coxwell Avenue and Plains Road.

(March 7, 1998) petition from ten business owners of the Olde East York Area expressing their opposition to the application for a street vending permit.

(February 27, 1998) from Dr. P. Bender, East York, opposing a street vendor at Coxwell Avenue and Plains Road.

(February 27, 1998) from Mr. Tony Sortino, SanFrancesco Foods, East York, expressing opposition to street vending in the vicinity of Coxwell Avenue and Plains Road.

(March 2, 1998) from George and Freda Christidis, East York, expressing their objection to the application from Mr. Tony Ivano in connection with a permit for a vendor's licence at the south east corner of Coxwell Avenue and Plains Road.

(February 26, 1998) from Mrs. H. Cogionis, East York, expressing opposition to the application for a street vending permit in the vicinity of Coxwell Avenue and Plains Road.

(February 28, 1998) from Mrs. E. Matthews, East York, expressing opposition to the application for a street vending permit in the vicinity of Coxwell Avenue and Plains Road.

(Undated) from Mr. Danny Vogiatjis, East York, expressing his objection to a street vending permit in the vicinity of Coxwell Avenue and Plains Road.

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Mr. Michael Doyle, Toronto, Solicitor on behalf of the applicant, appeared before the East York Community Council in connection with the foregoing.