SUPPORTS ITEM NO. 1  
                                                      CS&B COMMITTEE AGENDA
                                                      DECEMBER 14, 1995    


                              ADMINISTRATIVE REPORT


                                                   Date:  November 29, 1995


     TO:       Standing Committee on City Services and Budgets

     FROM:     General Manager of Engineering Services

     SUBJECT:  Street Vending



     RECOMMENDATION

          A.   THAT several  evening locations be  established that replace
               existing locations  within the limit of  120 total locations
               set by Council.

          B.   THAT  when new  vending locations  are  identified, existing
               vendors be  given the  first opportunity to  trade locations
               through a mini-lottery. (Guidelines shown in Appendix I).

          C.   THAT  the criteria given  in Appendix II,  for assessing and
               establishing vending locations, be approved.

          D.   THAT  up to  6  of the  100  downtown vending  locations  be
               managed  by  the  Downtown  Vancouver  Business  Improvement
               Association   to  sell   merchandise  or   promote  Downtown
               business; and

               FURTHER THAT the General  Manager of Engineering Services be
               authorized to assign up to 6 locations for the  use of other
               BIAs, where appropriate.


     COUNCIL POLICY

     Council created the street vending program to add variety to  the city
     streets,  and to offer an outlet for handcrafted goods and food items,
     and to control illegal vending.


     PURPOSE

     This  report responds  to Council's request  to review  several issues
     related  to the  Street  Vending Program  and  recommends changes  for
     Council's approval.BACKGROUND

     On  June 1,  1995, Council received  an update  on the  Street Vending
     Program and approved recommendations regarding enforcement procedures.
     These changes have  proven effective and  illegal vending was  reduced
     during the 1995 vending season.

     Council also approved:

          THAT the City  Engineer report back on  the following street
          vending issues:  evening vending, including evening  vending
          on  private  property;  garbage and  litter;  subletting  of
          vending licenses; number of vending licenses per vendor; and

          limiting  the  number of  licenses  given  to an  individual
          vendor.

          FURTHER  THAT the  report  back include  information on  the
          street  vending programs  of  other  major  tourist  gateway
          cities, e.g., San Francisco.

          THAT the City Engineer,  Chief Constable and General Manager
          of  Parks &  Recreation review  the Park  and Beach  by-laws
          regarding  vending (a)  to ensure consistent  and compatible
          vending guidelines and co-ordinated  enforcement procedures,
          and  (b) to give the Chief Constable authorization to remove
          unlawfully  placed items  on parks  and beaches,  and advise
          Council of the results of the review.


     DISCUSSION

     Evening Vending

     Discussions  with the  Vancouver  Vending  Association and  individual
     vendors  indicate a  considerable  demand for  vending locations  near
     nightclubs and bars.   None of these locations are  currently approved
     for vending and City  staff have taken action against  illegal vendors
     at these locations.  Establish-ing some legal vending locations  would
     respond to the demand and reduce enforcement.

     Guidelines have been developed with input  from the Police Department.
     These include restrictions on areas within 200 feet of any residential
     use  and  annual  reviews  of  all  evening  vending  locations.    Of
     particular  concern is that vending  may exacerbate problems if people
     congregate  outside the  establish-ments  after closing.   Some  sites
     being considered are:

          Richards on Richards     (Richards & Smithe)
          Starfish Room            (Homer & Smithe)
          Sharks Bar & Grill       (Georgia & Beatty)
          Celebrities Cabaret      (Davie & Burrard)

     Evening vending on private property was discussed with Planning and it
     was felt that  this should not be  pursued at this  time.  If  Council
     supports  evening vending,  it can  happen on  City sidewalks  in most
     locations.  This allows much more  City control over the activity than
     if zoning by-laws were changed to accommodate it.


     Vending Locations

     Council Policy allows a  maximum of 100 locations in the  downtown and
     20 outside the downtown.  All but 2 of these locations are occupied.

     Although the total number of vendors seems appropriate, some areas are
     congested with up to 10 vendors in one block.  Staff are working  with
     the  Downtown Vancouver  Business Improvement  Association  (DVBIA) to
     identify  problem  areas  and   possible  solutions.    Under  current
     practice, any location  which is not  renewed is reviewed  and may  be
     relocated  before new  applica-tions are  accepted.   However,  a high
     renewal  rate in this program  provides little opportunity for closing
     locations.

     There are  other areas of  the city that are  appropriate for vending.
     These include evening vending locations.  Allowing existing vendors to
     relocate will help to  reduce overcrowding.  Staff recommend  that new
     locations  be established,  when  appropriate, based  on the  criteria
     shown  in  Appendix  II,  and  that  existing  vendors  be  given  the
     opportunity to move  into them through the allocation  procedure shown

     in   Appendix  I.    This  procedure  would  not  apply  to  locations
     administered  by the BIAs, nor to isolated cases where it is necessary
     to relocate due to a specific problem.


     BIA Vending

     In  1992, Council  approved the  Gastown Business  Improvement Society
     (GBIS) administering four Gastown vending locations.  This arrangement
     has   been  successful  in  providing  promotional  opportunities  and
     improved  product  mix, and  has been  well  received by  the business
     community.

     Recently, there has been  some interest in a similar  arrangement from
     the  DVBIA, and  there have  been enquiries  from other  BIAs.   Staff
     recommend  that six  locations  be  made  available  for  the  use  of
     merchants and promotional activities  through the DVBIA, and that  the
     General  Manager of  Engineering Services  be authorized  to negotiate
     similar arrangements with other BIAs if they express an interest. 
     Litter

     The  existing guidelines  require  vendors to  keep their  surrounding
     areas  clean.  Staff receive very few complaints regarding litter from
     legal vending operations.   When a problem does occur,  staff approach
     the  vendor  and usually  receive  good cooperation  in  resolving the
     matter.  There is provision in the by-law  to suspend the permit if no
     improvement occurs, although, to date, this has not been necessary.

     Most  litter problems are related to  illegal late-night vending where
     the operator  has no accountability to  the City or  investment in the
     community.   The reduction in illegal vending  in 1995 has reduced the
     number  of  litter  complaints.    The  approval  of  evening  vending
     locations  would  ensure better  City  management  and further  reduce
     littering.


     Park Vending

     Discussions have been held with Park Board staff regarding enforcement
     of illegal vending in parks.  Minor changes to the  "Parks Control By-
     law"  to  cover disposal  of unclaimed  or  perishable goods  would be
     adequate to allow enforcement procedures  similar to those being  used
     successfully on  City streets.    Engineering staff  are available  to
     assist in setting up enforcement and confiscation procedures.

     Although  various types  of  illegal vending  occur  in parks  and  on
     beaches,  the major concern seems  to be ice-cream  vending, which can
     affect  concession revenues.  The ice-cream companies will be notified
     that  parks and beaches are prohibited areas and violations may result
     in suspension of permits and/or confiscations.


     Other Cities

     As  requested by  Council,  a number  of  other cities  were  surveyed
     regarding  their vending programs.  A  summary of relevant information
     is provided  in  Appendix  III,  and  full  information  packages  are
     available on request.



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                                                                 APPENDIX I



                           ALLOCATION OF NEW LOCATIONS



     When new  vending locations  are established, existing  permit holders
     will be  given the opportunity to trade one location through a lottery
     process.

          -  Vendors will be given advance notice by mail to apply for
             a mini-lottery.

             (It is  the vendor's responsibility  to ensure the  address on
             file is current).

          -  A separate draw will be held for each available location.

          -  Only one application per vendor will be accepted.

          -  A $50.00 non-refundable application fee will be charged.

          -  Vendors must  submit the  application in person  and show
             photo identification.

          -  No late applications will be accepted.

          -  The  vendor  must  note  on the  application  form  which
             location will be given up if they win the lottery.



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                                                                APPENDIX II



                            VENDING LOCATION CRITERIA



     Non-renewal and proposed new  locations will be assessed based  on the
     following criteria.

     1.   Total  number of  locations may  not exceed  100 in  the downtown
          peninsula and 20 outside the downtown.

     2.   A maximum of 3 vending locations per block face.

     3.   The sidewalk must be a minimum  of 13' wide except where there is
          an appropriate unused building set back.

     4.   Vending locations should not be positioned:

            -  within 20' of an intersecting street property line

            -  within 5' of a driveway or lane property line

            -  within a bus, loading, passenger, police or taxi zone.


     5.   The  General  Manager of  Engineering  Services  will assess  the
          location  in  terms  of  local  business  concerns  and  physical

          capability to accommodate the kiosk and pedestrians.

     6.   Evening vending locations shall not be located within 200 feet of
          residential use.



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