Sidewalk/Boulevard Vending - John Street East Side,

9 metres north of Richmond Street West - Distancing

Requirements between Local Business and Vendors

(All Wards Within The Former City of Toronto)

The Toronto Community Council recommends that:

(1)the application for sidewalk/boulevard vending on John Street, east side, 9 metres north of Richmond Street West, be refused; and

(2)City Council deny any changes to the distancing requirement between local business and vendors in Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code.

The Toronto Community Council submits the following report (November 30, 1998) from the Manager, Right of Way Management, Transportation Services, Works and Emergency Services:

Purpose:

To report on permitting a proposed vending location in the former City of Toronto road allowance within 25 m of a business selling similar products.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

The Toronto Community Council may recommend that:

(1)the application for sidewalk/boulevard vending on John Street, east side, 9 metres north of Richmond Street West, be refused; and

(2)City Council deny any changes to the distancing requirement between local business and vendors in Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code;

OR

(3)should City Council approve the application for sidewalk/boulevard vending on John Street, east side, 9 metres north of Richmond Street West, the BIAs of the former City of Toronto be notified of the proposed application and be given an opportunity to appear before the Toronto Community Council.

Background:

The Toronto Community Council, at its meeting of September 16, 1998, in considering a report (June 10, 1998) from the Acting Assistant Director, By-law Administration and Enforcement, entitled "Appeal of Denial of Application for Sidewalk Boulevard Vending Permit - John Street, east side, 9 metres north of Richmond Street West", deferred consideration of the matter until no later than its meeting to be held on December 9, 1998 and requested the Commissioner of Works and Emergency Services to report to the Toronto Community Council on the possible precedents involved in this application.

Comments:

Current Regulations:

Sidewalk/boulevard and curblane vending is governed by the provisions set out in Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, which, in part, stipulates as follows:

315-8 A(2) (d) & (h)

"No portion of the designated area shall:

(d)Be located less than twenty-five (25) metres from any part of a business which sells to the public products similar to those proposed to be sold from the food vending vehicle, the portable display unit or the work station.

(h)In the case of a food vending vehicle or a portable display unit, be located within a twenty-five metres radius of an existing designated area for a food vending vehicle or a portable display unit, where the permit for the designated area is issued after September 16, 1991."

These regulations were introduced to:

(a)minimize the vending activity within the City's right-of-way to ensure safe and clear passage of pedestrian movement;

(b)prevent the proliferation of vending activity on the City's right-of-way;

(c)ensure that there is no direct competition with local businesses;

Sidewalk/boulevard vending provides a significant contribution to animating street activity. In the past couple of years, we have received a number of requests from vendors for permission to reduce the distancing requirement either from a local business or from another vendor. As these sidewalk/boulevard and curblane vendors are another physical obstruction to the City's right-of-way we did not entertain such requests nor recommend the reduction of the distancing requirements. In fact, we continuously receive complaints from local businesses and other vendors about the direct competition and the related problems (i.e. garbage, etc) associated with vending, requesting that we increase the distancing requirements.

Mr. Guadron's proposed location is within 14 metres of "The Sandwich Table" restaurant located at 150 John Street. He has a letter of support from the owner of the restaurant, provided that the hours of operation from the vending location be restricted from 9:00 p.m. to 5:00 a.m., Monday to Sunday. Further, the owner wishes to reserve the right to withdraw his support, in the event the permit is not issued within one year from the date of the letter.

As indicated in the report of June 10, 1998, approving this request would set a precedent. Furthermore, the potential for cash deals between businesses and vendors, in trade for a letter of consent is highly probable, as well as bidding wars between vendors, where vending late at night is extremely lucrative, in areas such as the "Entertainment District".

Administration and monitoring of these types of permits will be difficult, if not impossible, as letters of consent could be rescinded at any time.

The request to approve a vending location even though it does not meet the distancing requirements subject to the letter of consent from the adjacent business operator would set a precedent and I would not recommend such a proposal.

Conclusions:

The street vending program seeks to balance the benefits that street vending businesses contribute in animating streets, providing a service and affording an opportunity for small business entrepreneurs with the demands of maintaining safe accessible sidewalks, pleasant streetscape environments and protecting existing business operations.

Amending the By-law to permit vending within twenty-five (25) metres of a business selling a similar product would jeopardise the consistency of the vending programme. However, if this is a request which Council wishes to support in principle, I recommend that the local BIAs' views are also considered, through a public process.

Contact Name and Telephone Number:

Lisa Forte, 392-1801