To report on an application for vending privileges which is not permitted under City of Toronto Municipal Code, Chapter 315, Street Vending.

Not Applicable.

That, should City Council wish to permit the request of Ms. Helen Wengle to vend on the sidewalk/boulevard in a residential zone, on the Walter Street flank north of Kingston Road, which is not presently permitted under City of Toronto Municipal Code, Chapter 315, it is recommended that:

(1) the Commissioner conduct a poll of all owners and tenants within 120 metres of the property, as required for proposed boulevard cafes on residential flankages per Chapter 90, Polling Notification and Procedures; and if the poll result is positive, that the City Solicitor introduce the necessary bill in Council to amend Schedule B, Chapter 315, Street Vending, accordingly so that a license may be issued for this location; and

(2) the Commissioner report again one year from the date a licence is issued, on any complaints or issues which may have arisen as a result of the vending operation.

Councillor Jakobek has asked me to report on an application for vending privileges which is not permitted under City of Toronto Municipal Code, Chapter 315, Street Vending.

Ms. Helen Wengle is the operator of the business known as AMr Sujuk@, a commercial delicatessen at 706 Kingston Road, Toronto. On December 9, 1997, she applied for a vending licence to sell hot dogs, sausages, and cold drinks from the sidewalk/boulevard on Walter Street, adjacent to her store, 5.2 metres north of Kingston Road. (See sketch in Appendix >A=).

Before Ms. Wengle applied and paid the necessary fee, staff cautioned her that the application would be automatically rejected because it did not comply with Municipal Code Chapter 315, Street Vending. The proposed location is zoned Aresidential@ and is therefore not included in the list of designated streets where vending is permitted, as set out in Schedule AB@ of Chapter 315. All locations in Schedule AB@ are in commercial/industrial and institutional zoned areas.

Ms. Wengle could apply to operate a boulevard cafe on the residential flankage, in the same location she proposes to sell hot dogs. However, if she were to submit such an application and assuming it met all the physical requirements, it would require a positive result from a confidential poll of all tenants and owners within 120 metres of the location.

Permitting vending in a residential location would set a precedent in the City of Toronto. Currently, street vending is prohibited entirely in the communities of Etobicoke, Scarborough and York, and permitted, with various limitations in North York, East York, Toronto and on some Metro roads. None of these communities permit vending in residential areas.

Approving this request would set a precedent. However, if this is a request which Council wishes to support in principle, I recommend that the local residents= views are also considered, through a confidential poll, as required in Section 90, Polling Notification and Procedures, for boulevard cafes on residential flankages. If the poll is positive, then the City Solicitor would introduce the necessary bill to amend Schedule AB@ to add this location to the list of designated streets for vending. Staff could then issue a permit.

In the event a licence is issued, I also suggest that staff report again after one year=s operation on any issues that may arise, including any community concerns.

Lisa Forte, 392-1801

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Walter Street