The Decision Document is for preliminary reference purposes only.  Please refer to the Committee’s Report to Council or to the Minutes for the official record.

The Licensing and Standards Committee:

1.         Deferred consideration of this item so as to allow the Chair of the Licensing and Standards Committee to convene a meeting with Downtown Ward Councillors for Wards 20, 27 and 28 and the Street Food Vendors' Association to see if an accommodation can be worked out on this matter.

2.         Requested the Ward Councillors for Wards 20, 27 and 28 to invite representatives from their Business Improvement Areas (BIAs) if they so wish; and

3.         Requested the Chair of the Licensing and Standards Committee to report back to the Committee on the outcome of this meeting.

The purposes of this report are three-fold:  to consider a fairness protocol for the removal of street vendors when the City requires them to vacate their permitted vending location; to determine the feasibility of establishing a threshold system similar to the taxi industry; and in consultation with the City Solicitor, to review the process for the City rescinding and not renewing street vending permits on an annual basis.

Additionally, staff was asked to report back on modifications to the moratorium in Wards 20, 27, and 28 so as to allow for the receipt of applications for the re-issuance of vending permits that are returned or not renewed by existing vendors in the area bounded by the moratorium, to maintain the number of existing vending locations in those Wards.

The City Solicitor, Technical Services, the Toronto Transit Commission (TTC), Transportation Services – Street Events Unit, as well as the Street Food Vendors’ Association was consulted in the preparation of this report.

The Licensing and Standards Committee recommends that:

1.         City Council adopt amendments to Chapter 315, Street Vending, of the Former City of Toronto, as follows:

a.         For vending permits requiring a business licence, the term and renewal date be harmonized to the term and anniversary date of issuance of the related business licence;

b.         Where necessary, adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence held by the vendor;

c.         For vending permits issued after January 1, 2011 that do not require a business licence, renewal dates be set to the date of issuance of the permit;

d.         For new vending permits issued within 90 days of the business licence renewal, fees will be pro-rated to align with the business licence renewal date of the following year, otherwise adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence in the current year.

2.         City Council adopt amendments to By-law 32100, of the Former City of North York, respecting vending on sidewalks and un-travelled portions of roads of the City of North York, as follows:

a.         Permits be issued for one year, and be renewed annually;

b.         For vending permits requiring a business licence, the term and renewal date be harmonized to the term and anniversary date of issuance of the related business licence;

c.         Where necessary, adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence held by the vendor;

d.         For vending permits issued after January 1, 2011 that do not require a business licence, renewal dates be set to the date of issuance of the permit;

e.         For new vending permits issued within 90 days of the business licence renewal, fees will be pro-rated to align with the business licence renewal date of the following year, otherwise adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence in the current year.

3.         City Council adopt amendments to By-law 18-97 of the Former City of East York, To Establish Removal Zones and Regulate Vending on Borough Roads, as follows:

a.         For vending permits requiring a business licence, the term and renewal date be harmonized to the term and anniversary date of issuance of the related business licence;

b.         Where necessary, adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence held by the vendor;

c.         For vending permits issued after January 1, 2011 that do not require a business licence, renewal dates be set to the date of issuance of the permit;

d.         For new vending permits issued within 90 days of the business licence renewal, fees will be pro-rated to align with the business licence renewal date of the following year, otherwise adjust the remittance of permit fees on a pro-rated basis to reflect the renewal date of the related business licence in the current year.

4.         City Council direct the City Solicitor to prepare the necessary bill to give effect to the recommendations in this report.

The purpose of this report is to streamline the street vending permit renewal process by harmonizing vending permit renewal dates with the associated business licence renewal date, and to consolidate vending permit applications and permit renewals at one location.

These changes will enable clients who renew both a street vending permit and a business licence to renew annually at the same time and at one location. They will also reduce the administrative workload currently experienced by the district offices.

In order to give staff time to prepare for these changes (that is, provide sufficient time to notify affected vendors, and to upgrade the corresponding IT systems), staff are recommending that implementation take effect January 1, 2011 and be complete by December 31, 2011.

The Street Food Vendors Association was consulted in developing the recommendations of this report. Additionally, the City Solicitor and the Deputy City Manager and Chief Financial Officer were consulted in the preparation of this report.

The Licensing and Standards Committee:

1.         Referred the report (February 24, 2010) from the Executive Director, Municipal Licensing and Standards to the Public Works and Infrastructure Committee for their consideration, specifically to implement a harmonized permitting process citywide for driveway paving that will address zoning issues related to driveway paving when reviewing the proposed harmonized Right-of-Way By-law.

2.         Requested the Executive Director, Municipal Licensing and Standards to:

a.         report to the Licensing and Standards Committee on a by-law to license paving contractors to ensure that they work in a safe manner and respect all City by-laws and various codes and have sufficient liability insurance on private and public property.

b.         in consultation with appropriate City staff, report to the Licensing and Standards Committee on a proposal to reduce the cost of a paving permit so that it would not discourage persons from obtaining a permit, such fee to be on a cost recovery basis including the fees generated from the license fee.

Gary Welsh, General Manager, Transportation Services was present to answer questions.

Councillor Mike Del Grande addressed the Licensing and Standards Committee.

The purpose of this report is to examine the feasibility of introducing a category of business licence for driveway paving contractors in order to shift responsibility for compliance with the City’s paving by-laws from the homeowner to the paving companies.

The City of Toronto currently enforces issues related to over-paving and widening of driveways through the Toronto Municipal Code, Property Standards By-laws, Zoning By-laws and Transportation Services Right-of-Way Management administers and enforces permits for the construction, reconstruction and the alteration of driveways, therefore the licensing of paving contractors is not necessary.

Proposing to license driveway paving contractors in order to attempt to control over-paving and driveway widening is not an appropriate use of the City’s licensing power. The enforcement of illegal paving and other related issues is better dealt with under the appropriate by-laws already in place.

There is insufficient evidence of a municipal purpose to license driveway paving contractors at this time.

The Licensing and Standards Committee:

1.         Requested the Executive Director, Municipal Licensing and Standards Division to:

a.         continue consultations on the issue of the terms and conditions of taxicab leasing found in the City of Toronto Municipal Code, pending a further report to the Licensing and Standards Committee from the Executive Director, Municipal Licensing and Standards and the City Solicitor on taxicab leasing.

b.         report on the feasibility of:

i.          requiring plate owners to enter into contracts with lessees for the life of the vehicle without just cause;

ii.         extending the notice provision for terminating a contract to one year;

iii.        developing measures to enforce current City by-laws requiring owners to purchase their own vehicle.

2.         Prior to reporting out on this matter, requested the Executive Director, Municipal Licensing and Standards to meet with taxi owners and lessees to discuss options for resolving the issue of taxicab leases.

The purpose of this report is to inform the Licensing and Standards Committee on the issue of a review by Municipal Licensing and Standards of the current provisions in the City of Toronto Municipal Code, Chapter 545, Licensing, relative to the terms and conditions of taxicab leasing in the City of Toronto.