Report
Finance and Administration Committee
To:
Rick Stockman, Commissioner
Corporate Services Department
From:
Subject:
Refreshment Vehicle Licensing Review
Item:
Date of Report:
FA-11-92
March 24,2011
File:
Date of Meeting:
D-2310
March 31,201 1
- Update
PUBLIC REPORT
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1.0
PURPOSE
The purpose of this report is to provide an update regarding the licensing of refreshment
vehicles as directed by the Finance and Administration Committee at its meeting on March
3, 201 1.
2.0
RECOMMENDATION
That the Finance and Administration Committee recommend to City Council:
That Report FA-11-92, "Refreshment Vehicle Licensing Review - Update" dated March
24, 201 1 be received for information.
3.0
EXECUTIVE SUMMARY
On March 3, 201 1 the Finance and Administration Committee received a delegation with
regard to the Forum Restaurant and Refreshment Vehicle Licensing. Committee
requested that staff prepare a report on the background related to the Licensing By-law
changes dealt with by the previous Council. Attachment 1 to this report summarizes the
high level events which took place between 2004 and 2009. The changes to the
refreshment vehicle regulations primarily involved transferring locational and separation
distance regulations from the Licensing By-law to the Zoning By-law, and by amending the
Licensing By-law to more thoroughly address matters of health and safety as well as
establishing classes of refreshment vehicles.
4.0
INPUT FROM OTHER SOURCES
4.1
General
9 Not applicable
4.2
Auditor General
9 The Auditor General has no comments.
Report to the Finance and
Administration Committee (Continued)
5.0
ANALYSIS
5.1
Background
Item: FA-11-92
Meeting Date: March 31,2011
-2-
9 At the March 3, 2011 meeting of the Finance and Administration Committee, Mr. Ed
Kowalcyck spoke on behalf of Mr. Gregory Vertsonis, owner of the Forum Restaurant,
regarding declining business at his restaurant believed to be caused by a nearby chip
truck.
9 The Finance and Administration Committee referred the matter to staff to provide a
report that includes both an update on the licensing of chip trucks and an update on
the issues regarding this matter dealt with by the previous Council.
9 In 2009 the City of Oshawa issued 15 stationary refreshment vehicle licences and in
2010, 17 licences were issued for various locations throughout the city.
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5.3
Review Process - Issues Identified and Evaluated
Locational criteria (zoning)
Parking requirements
Categories of refreshment vehicles
Hours of operation
Length of time a refreshment vehicle may be at one location
Mobilitylstopping provisions
Safety standards
Health standards
Vehicle insurance
Temporary versus permanent "chip trucks" (refreshment vehicles)
Limiting the number of stationary vehicles permitted to be licensed each year
Separation distances
Grandfathering of existing stationary vehicles (ie) chip truck at 651 Ritson Road South
Ice cream trucks (stopping on public roads)
Property taxation
Exemptions to the Licensing By-law
Summary of Changes to Regulate Refreshment Vehicles
9 Locational criteria added to Zoning By-law 60-94 and removed from Licensing 1202005.
Zoning criteria identified locat~onswhere the various types of refreshment vehicles
could locate and operate from
Separation distance for stationary refreshment vehicles added to the Zoning By-law
Parking space requirements for stationary refreshment veh~cles added to the
Zoning By-law
Time limits placed on how long a hot dog cart may remain on the same lot or same
location.
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i24
Report to the Finance and
Administration Committee (Continued)
-3-
Item: FA-11-92
Meeting Date: March 31,2011
P Licensing By-law 120-2005 (Schedule L) amended:
The application requirements for a Refreshment Vehicle Licence were modifled
References to locational or land use criterra removed from the Licensing By-law and
transferred to the Zoning By-law
Additional amendments were made to Licensing By-law 120-2005 to coincide wlth
the January 2008 amendments to Zoning By-law 60-94
Created classes of refreshment vehicles (stationary refreshment vehlcle, mobile
refreshment vehicle, motorized moblle refreshment vehicle). Each class has unique
standards and regulations
6.0
FINANCIAL IMPLICATIONS
b There are no financial implications related to this report.
7.0
RESPONSE TO THE COMMUNITY STRATEGIC PLAN
P The above analysis provides the information required to assist in meeting the
objectives as set out under Goal C1 of the Community Strategic Plan with respect to
building a caring and responsive community through measures that enhance safety,
health promotion and care.
~ d t $ ~ a l~ a Enforcement
w
and Licensing Services
Rick Stockman, Commissioner
Corporate Services Department
Attachment
Chronology o f Refreshment Vehicle Licensing By-law Review 2004-2009
Date
/
February 5,2004
July 12, 2004
August 24,2004
November 7,2005
3 s
ca
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November 28, 2005
September 10,2007
November 15,2007
January 28,2008
1
I
1
Committee/Council
Direction
Comments
Operational
9 Committee considered a written request from John Boukas, the owner
Services Committee
of an Ice Cream Truck, to vend on residential streets.
9 This was referred to staff for review in coniunction with a qeneral
report
on refreshment vehicle regulations.
Operational
9 Committee considered Report 0s-04-231 which proposed various
Services Committee
amendments to the City's current refreshment vehicle regulations.
9 As a result of this report staff were directed to conduct a public meeting
in August 2004 to solicit the views of the public and industry
stakeholders concerning the proposed revisions and to report back to
Committee.
Council Meeting
9 A public meeting was held with regard to the proposed Refreshment
Vehicle By-law.
Corporate Services 9 Committee considered Report CS-05-71 which reported on the public
Committee
feedback on the proposed by-law to licence and regulate refreshment
vehicles.
9 Nine recommendations were made to Committee and Council.
Council
I 9 The by-law was considered by Council and was subsequently referred
back to staff to delineate the impact of mobile versus stationary
refreshment vehicles with respect to zoning and property assessment.
Development
/ 9 Committee considered Report DS-07-186 concerning a zoning review of
Services Comm~ttee
refreshment veh~cles
Council
9 A public meeting was held regard~ngthe proposed zoning amendments.
Council
9 Council adopted Offic~alPlan Amendment 05-2008 and Zoning By-law
Amendment 06-2008 to address land use regulations for refreshment
veh~cles
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7
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Date
Committee/Council
Direction
June 10,2008
Council
September 17, 2008
Council
March 5,2009
Finance and
Administration
Committee
March 5, 2009
Finance and
Administration
Committee
e
March 26, 2009
Finance and
Administration
Committee
Finance and
Administration
Committee
Comments
I
9 Council discussed proposed amendments to Licensing By-law 120-2005
regarding the licensing of refreshment vehicles and directed staff to hold
a public meeting with stakeholders who own or operate refreshment
vehicles.
9 A public meeting was held and questions regarding the proposed
changes were addressed. Mr. Gregory Vertsonis was in attendance at
this meeting but was not noted as a speaker in the minutes.
9 Committee received Report FA-09-38 dated February 27, 2009 which
proposed amendments to the Licensing By-Law 120-2005, Schedule L,
Refreshment Vehicles.
9 At this time staff were asked to consider further changes regarding the
towing of refreshment vehicles.
9 Paul Vertsonis addressed the Committee and inauired about the
proposed distance between refreshment vehicle;, whether the City
would cap the number of licences issued and how property taxes would
be calculated on lands occupied by a refreshment vehicle.
9 After discussion the item was tabled to the March 26, 2009 meeting.
> Committee directed Report FA-09-58 dated March 18, 2009 which
contained amendments to Report FA-09-38 be referred back to staff for
further investigation of the following: short term versus long term
licences; a fair process for all types of refreshment vehicles; whether the
City could limit the number of stationary vehicles and higher operational
standards for stationary vehicles.
9 Report FA-09-83 dated April 30, 2009 regarding an update to provide
the most recent proposed amendments was received by the Committee.
9 This report addressed the issues identified by the Committee on March
26, 2009.
9 The following motion was carried, "That the Finance and Administration
Committee recommend to City Council: That the Refreshment Vehicle
By-Law incorporate the proposed changes outlined in Report FA-09-83."
Committee/Council
Direction
Comments
>
Council approved the proposed changes as outlined in Report FA-0983. Stationary refreshment vehicles that were operational prior to the
by-law amendments were "grand-fathered". Accordingly, the distance
requirements provided in the City's Zoning By-Law 60-94 do not apply
as long as the use is not discontinued at any time. Notwithstanding this,
these vehicles are still required to comply with fire and health
regulations.