Members of Council and Staff:  Please keep this agenda and the accompanying material until the City Council meeting dealing with these matters has ended.  The City Clerk’s Office will not provide additional copies.

Special Assistance for Members of the Public:  City staff can arrange for special assistance with some advance notice. If you need special assistance, please call 416-392-4365, TTY 416-338-0889 or e-mail lsc@toronto.ca.

Closed Meeting Requirements:  If the Licensing and Standards Committee wants to meet in closed session (privately), a member of the Committee must make a motion to do so and give the reason why the Committee has to meet privately.(City of Toronto Act, 2006)

Notice to people writing or making presentations to the Licensing and Standards Committee:  The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.

The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it – such as your postal address, telephone number or e-mail address - available to the public, unless you expressly request the City to remove it.

The City videotapes committee and community council meetings. If you make a presentation to a committee or community council, the City will be videotaping you and City staff may make the video tapes available to the public.

If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON  M5H 2N2 or by calling 416-397-7769.

Declarations of Interest under the Municipal Conflict of Interest Act

Speakers/Presentations: A complete list will be distributed at the meeting

Confirmation of Minutes: March 10, 2010

Communications/Reports

The Executive Director, Municipal Licensing and Standards, recommends that the City be authorized to enter into agreements with;

1.         any appropriate non-profit educational institution for the customization of the curriculum materials of the City’s taxicab and limousine driver training courses, training of instructors and a licence to use the materials on the same basis (other than sublicensing) that apply to such agreements with municipalities; or

2.         any municipality or transportation-related company in Canada or elsewhere to provide customized training for taxicab drivers/owners, limousine drivers/owners and others for the purpose of developing a revenue stream through the use of Division resources, including staff, equipment and facilities, either by direct contractual negotiation or by responding to calls for such training, in each case at a fee reflecting the value to the recipient of what is being provided, and the value of City staff time.

The purpose of this report is to authorize the City to enter into agreements with appropriate educational institutions under which the City will customize the curriculum materials of the City’s taxicab and limousine driver training courses, train instructors and permit the licensed use of such materials on the same basis that the City enters into such agreements with municipalities in Canada and elsewhere, and authorize the City to agree with municipalities and other entities to provide training directly to their drivers. This expanded authority will allow the Municipal Licensing and Standards Division to generate additional revenues and further enhance the City’s profile as an innovator and international leader in the field of taxicab and limousine driver/owner training.

The adoption of the recommendations in this report will allow for additional revenue generation. Future revenues are dependent on successful negotiations with external companies and municipalities. Any proposed agreements for the provision of training services will be structured to provide net positive revenues to the City.

Fees will be structured to ensure a profit is realized above the cost of staff resources and materials. For example, a 5-day training course designed and delivered by and in the City of Toronto for the licensees of a neighbouring municipality. The cost of delivering the program, at 2010 rates, includes staffing resources (32 hours of training and administration x $37.00/hour = $1,184.00 / course) and miscellaneous administration fees (documentation and manuals at $20.00 per client). Minimum and maximum class sizes of the program are predetermined, and range between 8 and 25 clients. Client fees for the course ($100.00/day x 5 days) equate to $500.00 per client. At the minimum class size of eight (8) clients, costs of $1,344.00 would be covered by $4,000.00 of client fees, leaving net revenue of $2,656.00 per course. With 25 clients, costs of $1,684.00 would be covered by $12,500.00 client fees, leaving net revenue of $10,816.00 per class.

The City of Toronto has been approached by a neighbouring municipality to provide a five-day training course for approximately two hundred (200) taxicab driver applicants and a two-day refresher training course for approximately one thousand (1000) licensed taxicab drivers.

In addition to the revenues generated from training clients, each municipality or transportation related company will be required to pay a negotiated fee associated with the development of each training course based on the duration and number of training modules and an annual licence renewal fee in the amount of $1000.00 (as approved by Council) for each training program.

The Executive Director, Municipal Licensing and Standards recommends that:

1.         The City of Toronto Municipal Code, Chapter 545, Licensing, be amended by adopting the amendments in Appendix “A”, attached to this report;

2.         The Working Group conduct public consultations with respect to collection of information in relation to the second-hand goods and salvage yard industry and report back to the Licensing and Standards Committee in one-year’s time with respect to whether further action is required;

3.         This report be forwarded to the next meeting of the Police Services Board for their information; and

4.         The City Solicitor be authorized to prepare the necessary Bills for introduction in Council to implement the above recommendations, subject to such stylistic and technical changes to the draft bills as may be required.

Public Notice has been given in a manner prescribed in the Toronto Municipal Code Chapter 162, Notice, Public.

As directed by this Committee, the purpose of this report was to further consider the impact of amending the Toronto Municipal Code, Chapter 545, Licensing, regarding the requirement for the collection of personal information by city licensed second-hand goods and salvage yard dealers.

The Legal Services Division and the Corporate Access and Privacy (CAP) Office were both consulted in the preparation of this report.

There is no financial impact beyond what has already been approved in the current year’s budget.

The purpose of this report is to investigate the feasibility of requiring service providers in spas and massage therapy clinics be accredited by the College of Massage Therapists of Ontario (CMTO).  Municipal Licensing and Standards (MLS) does not recommend mandating that service providers in spas and message therapy clinics be certified from the CMTO.  Such a requirement would not be an appropriate use of MLS’ licensing authority to deal with concerns with activities in spas and massage therapy clinics.  In addition, MLS stopped licensing Registered Massage Therapists (RMT) in 1999.  The Regulated Health Professions Act (RHPA) currently regulates RMTs.

There are various services offered in spas and massage therapy clinics.  However, it is important to note that not all spa treatments are health related.  Some treatments are for holistic, aesthetic and/or relaxation purposes and do not require the extensive training and certification process of a RMT.  MLS does not have authority to prohibit non-medical or non-therapeutic treatments in spas and massage therapy clinics in favour of medical and therapeutic treatments.  Furthermore, MLS cannot require that RMTs be the only service providers in spas and massage therapy clinics to be authorized to deliver a wide variety of services that do not relate to their health professional training.

This report was prepared in consultation with the City Solicitor.

There are no financial implications arising from the adoption of the recommendations of this report.

The Executive Director, Municipal Licensing and Standards, recommends that:

1.         Chapter 693, Signs be amended to include provisions for the regulation of mobile billboards on moving vehicles;

2.         Chapter 441, Fees and Charges, Appendix C, Schedule 12, be amended to include provisions for fees with respect to the regulation of mobile billboards on moving vehicles;

3.         Chapter 545, Licensing, be amended to include provisions for the licensing of mobile billboards on moving vehicles; and

4.         The City Solicitor be directed to prepare the necessary bill to give effect to the recommendation in this report.

Public notice has been given in a manner prescribed in the Toronto Municipal Code, Chapter 162, Notice, Public.

The purpose of this report to address Council’s direction on a mechanism to regulate, control and/or eliminate third party signs or billboards on moving vehicles.

The growing public interest in the administration and enforcement of sign regulations in the City has suggested the need for up-to-date and consistent regulations for signage.  Recent amendments to the City's sign regulations have focused on permanent signs.  In 2005, the City harmonized the regulations in relation to mobile or temporary signage in the City.  However, over the last several years, the mobile sign industry has evolved from signs that are part of, or attached to, a readily re-locatable wheeled trailer or frame without wheels, to include vehicles that have been adapted to have an advertising sign, billboard or other display attached or painted on, that moves from one location to another.

The City of Toronto currently regulates the mobile sign industry through Chapter 693, Signs, and Chapter 545, Licensing.  Amendments to these bylaws are required to reflect the evolving nature of the industry and enable the City of Toronto the ability to effectively regulate the mobile sign industry in a manner that serves to protect our neighbourhoods and the environment.

Both the Legal Services Division, and the Finance Division’s Insurance and Risk Management Unit have been consulted in the preparation of this report.

The Municipal Licensing and Standards Division currently enforces Chapter 693, Signs, Article III, Temporary Signs, and Chapter 545, Licensing, Article XL, Temporary Sign Providers of the Toronto Municipal Code, regulating the mobile sign industry.  As such, the cost of continued licensing and enforcement is included in the 2010 Operating Budget. 

Annual revenues of $1,641.25 for new licence applications, and $996.85 for renewals is based on an estimate of five additional temporary sign providers that will be required to obtain licences  as a result of the bylaw amendments to the Licensing Bylaw.  In addition, sign permit revenues are estimated to increase approximately $7,875.00 annually based on an estimate of 12 permit applications per year, being made from each of the five temporary sign providers.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

City Council on March 31 and April 1, 2010, referred the following Motion MM47.9 to the Licensing and Standards Committee.

Councillor Nunziata, seconded by Councillor Palacio recommends that:

1.         City Council direct the  Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor, to report to the Licensing and Standards Committee regarding the feasibility of granting the Executive Director, Municipal Licensing and Standards and his/her designates, the authority to suspend a business licence without a hearing and if so, under what circumstances.

In trying to address issues related to problem establishments in Ward 11, both through the Weston Community Police Partnership (WCPP) and the West District Crime Task Force (WDCTF), it has become apparent that licensing enforcement in the City of Toronto would prove to be more effective if Licensing Enforcement Officers were given the authority to take direct action when they witness a repeat violation.

There are problem establishments in Ward 11, and all across the City, where the operators repeatedly violate the terms of their business licence, and yet, they are allowed to keep operating.  An example of this would be a licensed bar which operates as a nightclub despite having been cited for this violation in the past; in this case, a Licensing Enforcement Officershould have the authority, upon witnessing the same violation again, to suspend the business licence.

Providing our Licensing Enforcement Officers with added authority as that described above would be a useful tool to deal with operators who, despite previous notice, continue to violate the terms of their business licence.

(Submitted to City Council on March 31 and April 1, 2010 as MM47.9)

Forwarding, for information, the Toronto Licensing Tribunal Annual Report for 2009 to the Licensing and Standards Committee and City Council.

Requesting that the Executive Director, Municipal Licensing and Standards report back on the status of this issue to the next meeting of the Licensing and Standards Committee.

Requesting the Executive Director, Municipal Licensing and Standards report to the June 25, 2010 meeting of the Licensing and Standards Committee on the regulation of commercial parking lots.

Forwarding a request from John Weingust, Q.C., Barrister and Solicitor, to repeal and remove Section 743-2, Toronto Municipal Code 743 - a by-law respecting the sale of event tickets.