Jolly Italian Cafe - Extension of Hours of Operation

for the Boulevard Cafe - Boon Avenue Flank of

1256 St. Clair Avenue West (Davenport)

The Toronto Community Council recommends that City Council:

(1)approve the applicant's request for an extension of hours of operation for the boulevard cafe on the Boon Avenue flank of 1256 St Clair Avenue West, from 6:00p.m. to 2:30 a.m., 7 days a week (Area No. 2 on Appendix 'A' attached to the report dated April 13, 1999 from the Manager, Right of Way Management, Transportation Services, District 1), such approval to be subject to the applicant complying with the criteria set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code; and

(2)request the Commissioner of Works and Emergency Services to report back to the Toronto Community Council after the end of the 1999 cafe season on the operation of the cafe under the extended hours.

The Toronto Community Council submits the following report (April 13, 1999) from the Manager, Right of Way Management, Transportation Services, District 1, Works and Emergency Services:

Purpose:

To report on the business owner's request for an extension of the hours of operation for the boulevard cafe on the Boon Avenue flank of 1256 St. Clair Avenue West (Area No. 2 on Appendix 'A'), from 6:00 p.m. to 2:30 a.m., 7 days a week. 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 for an extension of hours of operation for the boulevard cafe on the Boon Avenue flank of 1256 St Clair Avenue West, from 6:00 p.m. to 2:30 a.m., 7 days a week (Area No. 2 on Appendix 'A'); OR

(2)(a)City Council approve the applicant's request for an extension of hours of operation for the boulevard cafe on the Boon Avenue flank of 1256 St Clair Avenue West, from 6:00p.m. to 2:30 a.m., 7 days a week (Area No. 2 on Appendix 'A'), and that such approval be subject to the applicant complying with the criteria set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code; and

(b)Should City Council approve an extension of the hours, the Commissioner of Works and Emergency Services be requested to report back after the end of the 1999 cafe season on the operation of the cafe under the extended hours.

Background:

Mr. Bruno Comande, owner of the Jolly Italian Cafe Inc., o/a Jolly Italian Cafe, in his letter of March16, 1999 (Appendix 'B'), has requested an extension of the hours of operation for the boulevard cafe on the Boon Avenue flank of 1256 St. Clair Avenue West, from 6:00 p.m. to 2:30a.m., 7 days a week.

Comments:

City Council of the former City of Toronto, on December 14, 1987, adopted the recommendation that boulevard cafes on residential flanks be closed and cleared by 11:00 p.m. Prior to this there was no standard boulevard cafe closing time established. Subsequently, City Council of the former City of Toronto, at its meeting September16,1996, amended the Municipal Code respecting cafes on residential flanks to permit cafes to stay open beyond the 11:00 p.m. closing time restriction if so authorized by Council.

City Council of the former City of Toronto, at its meeting of September 23, 1982, approved the operation of a boulevard cafe on a portion of Boon Avenue flank of 1256 St. Clair Avenue West, (Area No. 1 on Appendix 'A') with no closing restrictions. Since this approval was obtained prior to December 14, 1987, no closing time restriction was applied.

Subsequently, City Council of the former City of Toronto, at its meeting of June 26 and 27, 1995, approved an extension to the cafe area with the condition that the cafe extension be closed and cleared by 6:00 p.m. (Area No. 2 on Appendix 'A').

Mr. Comande made a similar request to extend the operating hours of his cafe for Area No. 2 which was considered by City Council of the former City of Toronto at its meeting of September 22 and 23, 1997. City Council of the former City of Toronto received the matter and in doing so, the hours of operation of the cafe on the Boon Avenue flank of 1256 St. Clair Avenue West (Area No. 2 on Appendix 'A') remain unchanged.

On June 9 and 10, 1998, staff observed that the boulevard cafe (Area No. 2 on Appendix 'A') was operating beyond the closing time restriction of 6:00 p.m. Following notification being given to Mr.Comande to ensure that this portion of his cafe be closed and cleared by 6:00 p.m., follow up inspections showed that Mr. Comande complied with our request.

Our records show that no recent complaints have been received pertaining to noise or the business operation. In addition, we have consulted with a representative of Toronto Police Service, Division No. 13, who advised that no complaints regarding the business operation are on file.

The Clerk's office has notified the owners and occupants within 120 metres along both sides of Boon Avenue from the cafe area, advising of Mr. Comande's request.

Conclusions:

On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the extension of hours of operation for the boulevard cafe on the Boon Avenue flank of 1256 St. Clair Avenue West (Area No. 2 on Appendix 'A').

Contact Name and Telephone Number:

Ken McGuire, 392-7564

(A copy of Appendix B, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on April 28, 1999, and a copy thereof is on file in the office of the City Clerk).

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the communication (April 26, 1999) from Giuseppina and Frances Fuscaldo, in opposition to the application, and a copy thereof is on file in the office of the City Clerk.

Insert Table/Map No. 1

1256 St. Clair Avenue West