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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