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Executive Committee · 2023-10-31 · 2023.EX9.18

The filed record

Requesting an Update on EX27.10 With Respect to Applying Conditions to CaféTO Licences for Flankage Patios

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The decision

2023-11-08 · Toronto City Council · amended

As filed

City Council on November 8 and 9, 2023, adopted the following: 1. City Council amend City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, to re-establish specific provisions deleted by Council in October 2021, and apply them specifically to sidewalk cafés in flankage areas, such that: a. a new Section 742-2.3 is added to provide application notice requirements as follows: Notice, permit areas on local roads A.

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Upon receipt of a complete application for a flankage café, the Executive Director or General Manager, in the case of public parklets, will notify the following people or entities: 1. the Applicant; 2. the local Ward Councillor; 3. the local Business Improvement Area, if any; 4. any resident associations registered with the City Clerk that includes the proposed café location within its area of representation; and 5. all property owners and occupants located within a 60-metre radius of the proposed café location. B. All applicants for flankage cafés must display a notice of the application in a form, size and location satisfactory to the Executive Director on the associated establishment for no less than 21 days commencing on a date specified by the Executive Director. b. the following Subsection A(2) is added to Section 742-3.2. Refusal as a grounds for refusing a permit application: Refusal (2) in the case of an application for a flankage café, the City receives multiple objections to the application from members of the public during the 21-day period of public notice; c. the following Subsection B(2) is added to Section 742-4.3. Appeals to Community Council as a group that would receive notice of any appeal: Appeals to Community Councils (2) Any person who submitted an objection to the application. 2. City Council amend City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, to add the following definition: a. Flankage Café: a sidewalk café which complies with the requirements for a curb lane café, curbside café or frontage café, as applicable, and is located on a local road that is adjacent to a corner business unit.

On the agenda

As the city filed it

On November 9th 2021, City Council approved item EX27.10 including the direction: 21. City Council request the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report back on options that would permit Community Councils to continue to apply conditions to CaféTO licences for flankage patios. This has not happened to date and an emerging situation has brought it forward again.

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In my ward, which has many fantastic patios, there is one which was an ongoing problem when it was previously open. They have now obtained new AGCO clearance and I am concerned that there is no recourse for reasonable concerns to be expressed. For context, this location had ongoing noise issues and, more concerning, made a lot of women feel unsafe because of ongoing and serious harassment by patrons. Having no ability for the local community, who are supportive of patios and CafeTO, to be able to express their concern, place conditions, or advocate for a license to be withdrawn in the face of ongoing serious issues.

Staff recommended

Councillor Paula Fletcher recommends that: 1. Executive Committee request the Executive Director, Municipal Licensing and Standards to report directly to the November 8, 2023 meeting of City Council with an update on allowing Community Councils to continue to apply conditions and oversee the issuances of flankage patio permits.

Considered

  • 2023-10-31 · Executive Committee · forwarded without recommendation

    Decision as filed

    The Executive Committee forwards the Item to City Council without recommendations.

    Clerk’s note

    The Executive Committee directed the Executive Director, Municipal Licensing and Standards, in consultation with Transportation Services and Economic Development and Culture, to report directly to the November 8, 9 and 10, 2023 meeting of City Council with the required bylaw amendments specific to flankage patios, to re-introduce provisions deleted by City Council in 2021 from Chapter 742, Sidewalk Cafes and Marketing

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    Displays, which included a process for notice and the authority for the Executive Director, Municipal Licensing and Standards to refuse an application for a sidewalk café based on receiving objections and an appeal process to community council, where conditions could be added to the permit.

  • 2023-11-08 · Toronto City Council · amended

On the record

The item as the City filed it

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