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


                         ADMINISTRATIVE REPORT

                                                 Date:  May 16, 1995

   TO:       Standing Committee on City Services and Budgets

   FROM:     General Manager of Engineering Services,
             in consultation with the Director of Legal Services

   SUBJECT:  Street Vending - Enforcement Procedures


   RECOMMENDATION

        A.  THAT the revised street vending guidelines shown in     
            Appendix 1 be approved.

        B.  THAT,  in  addition  to  the City  Engineer,  the  Chief
            Constable and the  Medical Health Officer  be authorized
            to remove  unlawfully placed items from  the City street
            allowance   when   circumstances    warrant,   and    in
            consultation with the City Engineer.

        C.  THAT removal  costs of  items unlawfully placed  on City
            street  allowance be charged to  the owner.   Cost to be
            based on manpower and equipment required for removal:

             1 person, no extra equipment            $100.00     per
   trip*
             (truck or trailer, etc.)

             2 people, with no extra equipment       $200.00     per
   trip*

             Full crew, with extra equipment         $300.00     per
             trip*

                  * costs include police back-up when necessary


             FURTHER   THAT   the  holding   time   for  confiscated
             merchandise be reduced from three months to one month.


        D.   THAT the City Engineer be authorized to suspend vending
             permits for  up  to 10  days  to deal  with  unresolved
             problems and to reduce administration time and costs.

        E.   THAT the  City Engineer be authorized  under the Street
             Vending By-law to issue Special Event Market permits to
             event  organizers at a cost of $75.00 per block per day
             (to  a maximum of $300.00 per day) under the guidelines
             attached  as  Appendix  II.   These  will  normally  be
             reviewed by the F.E.S.T. Committee.

        F.   THAT, when a special event market permit is not  issued
             but   the  event  is   deemed  suitable   for  vending,
             individual special event vending permits be issued at a
             fee of $25.00  per day  under the  guidelines shown  in
             Appendix III and that the annual special events vending
             permit be eliminated. 

        G.   THAT   the  Director   of   Legal  Services   make  the
             appropriate By-law amendments to reflect B, C, D, E and
             F above.


   COUNCIL POLICY

   Council created the street vending program, enacted in the street
   vending  by-law, to enliven the  city streets, and  to provide an
   outlet  for  handcrafted  goods and  food  items  and to  provide
   control of ongoing illegal vending.


   SUMMARY

   Changes  to  existing  enforcement  procedures  for  the  vending
   program are  proposed to streamline procedures  to better control
   illegal vending, eliminate  duplication and overlap of  services,
   provide better  service outside  normal office hours,  and reduce
   administration.    This report  also  recommends  changes to  the
   renewal  process in the street vending guidelines.  These changes
   reflect  and safeguard  the non-transferable   aspect  of vending
   permits and Council's intention that vendors with permits play an
   active role in the operation of their locations.  

   The process currently used  for resolving problems and communica-
   tions  with business groups appears  to work well  and no changes
   are recommended at this time.


   PURPOSE

   This  report recommends  changes  to improve  the street  vending
   program, including streamlined enforcement procedures and revised
   guidelines  to  better  deal  with  illegal  vending  and  answer
   concerns of  merchant groups  and individuals.   The consultative
   process among business groups, City departments and the Vancouver
   Vending Association is also reviewed.


   BACKGROUND

   Recent  changes to  allow open  cooking of  hot dogs,  the annual
   renewal  of licenses  and to  limit the  total number  of vending
   locations  have contributed  to an  increased demand  for vending
   permits.

   On   January   13,   1994,   Council   approved   the   following
   recommendation:

      " THAT  the  City  Engineer,  in  consultation  with  all
        interested  parties,  including  the  Chief  Constable,
        Down-town Vancouver BIA, Vancouver  Vendors Association
        and  the  Theatre Row  Merchants,  report  back on  the
        monitoring and enforcement of illegal vendors; and

        FURTHER THAT the above report back include the feasibi-
        lity and cost of implementing a process similar to that
        of the FEST Committee to provide consistent and regular
        consultation  with  all  affected  parties   on  street
        vending issues. "


   There  are  many  types  of  illegal   vending.    These  include
   individuals or  companies selling food products,  sunglasses, tee
   shirts,  second-hand items,  novelties, etc., from  trucks, cars,

   bicycles, push  carts, trailers,  folding tables and  blankets on
   the ground.  It can be a business displaying merchandise in front
   of  their  store,  a   permitted  vendor  operating  outside  the
   guidelines,  someone selling  cigarettes from  a backpack,  or an
   organized neighbourhood flea market  spreading onto the street or
   lane.

   Several City  departments are involved  in enforcement procedures
   and  who responds depends on the type  of infraction, the time of
   day and  whether the vendor is  located on private property  or a
   City street.

   The  Health  Department  deals  with  Health By-law  infractions,
   Permits &  Licenses enforce private property  vending through the
   property owner, and the  Police Department assist property owners
   in removing unauthorized vendors  from private property and issue
   tickets to illegal vendors on City Streets.  Engineering Services
   deals   with   permitted  vendors   operating  contrary   to  the
   guidelines, as well as illegal vendors operating on City streets.

   In recent years  City Council  has approved a  number of  changes
   which have affected the vending program:

        ˜ permitted open flame hot dog vending;

        ˜ limited the  number of  available permits  to 100  in
          the Downtown  peninsula (maximum  14 in  Gastown) and
          20 outside the downtown; and

        ˜ supported the rights of existing  vendors by allowing
          them to annually renew their permits.


   These changes  resulted in increased demand  and reduced turnover
   for vending locations in the program.  This added pressure may be
   a contributing factor to an increase in illegal vending.

   DISCUSSION

   There are several issues that have been reviewed in an effort  to
   streamline the process and improve the program.

   Non-transferable Vending Permits

   Increased demand and low turnover in the program appear to result
   in  an increased  street value  of vending  permits.   Staff have
   encountered  a  number  of  problems during  renewal  times  with
   possibly forged signatures (renewal  signature does not match the
   original  application), individuals  claiming  to  be the  permit
   holder (but cannot  or will not produce  identification) in order
   to  renew the location and individuals wishing to renew on behalf
   of a permit holder who lives in another city.

   Staff request  identification and  personal involvement from  the
   permit holder.  However, this  is not part of the guidelines  and
   at times staff have difficulty requiring this.

   Solution: Amend the street vending  guidelines to require vendors
             to  submit applications and pick-up permits "in person"
             and show valid photo identification.


   Location of Vendors

   The current  guideline for  approval of new  vending applications
   ensures  a minimum distance of 200 feet from an existing business

   selling  a  similar product.    This guideline  applies  to fixed
   address  businesses on  private  property and  does not  apply to
   other vendors  who in  many cases  are within  200  feet of  each
   other.  Recently there has been some confusion in this regard.

   Solution: Amend  the street vending  guidelines to  clearly allow
             approval of vending locations  within 200 feet of other
             vending operations.  This change would clarify existing
             practise.


   Impoundment

   Under  the Street and Traffic  By-law the City  Engineer has sole
   authority  to remove vended  merchandise not  lawfully on  a city
   street.   Therefore, the Police, Health and  Permits and Licenses
   Departments call for assistance when other enforcement action has
   not yielded the desired results.  Due to limited staff resources,
   assistance  is not  always available,  particularly  after office
   hours and on weekends.   This often results  in a delay of up  to
   one week if the problem  only occurs on the weekend.   Staff must
   then  organize  an  overtime  shift  requiring  the  presence  of
   involved departments to deal with a problem.

   Solution: Permit the Chief Constable and  Medical Health Officer,
             in  consultation  with  the City  Engineer,  to impound
             unlaw-fully placed items.   This would reduce the staff
             require-ments for enforcement.  Engineering staff would
             continue the administration  related to storage, return
             or disposal of the items.


   Illegal  hot dog vending  has increased  and this  raises another
   problem.   The  kiosks are  heavy and  cannot be  easily removed.
   Staff have  encountered several situations where  merchandise was
   removed from uncooperative vendors, only to find the vendors back
   in operation within an hour.  Staff then resorted to removing the
   propane  tanks from the units and again found the vendor reopened
   at  a new location within a  short time.  Apparently most vendors
   store additional product and spare tanks in a vehicle nearby.

   Solution: Impound the  entire unit.  Arrangements  have been made
             with Unitow to provide this service on a call-out basis
             as an extension of their existing city contract.  


   Removal Cost Recovery

   Section 66.3 of  the Street  and Traffic By-law  allows the  City
   Engineer  to remove  merchandise  illegally offered  for sale  on
   street.  Under the  by-law the owner may recover  the merchandise
   upon  payment of  costs  incurred  by  the  City.    However,  no
   provision is made to  cover costs when the  owner chooses not  to
   recover the merchandise.

   This does not happen often, however, occasionally staff encounter
   an uncooperative operator displaying  merchandise of little or no
   value  (items donated  or retrieved  from dumpsters).    In these
   cases staff are  faced with removing the  merchandise, storing it
   for  3 months and  disposing of it.   If there appears  to be any
   value attached  to the item, it  is sent to the  City auction; if
   not,  disposal is appropriate.  In these situations, no costs are
   recovered and the  operators are generally undeterred.   At least
   one operator has viewed this action as a benefit in terms of free
   refuse disposal.

   The following shows average costs incurred based on the number of
   staff and type of equipment required:

        Requirements                                 Costs

        1 staff   no extra equipment                 $100.00
                  (truck or trailer, etc.)
        2 staff   with extra equipment               $200.00
        full crew with extra equipment               $300.00

   These costs are estimated per trip and include: removal, storage,
   administration,  return  or  disposal  and  Police  back  up  and
   assistance when required.

   Solution: Amend the appropriate by-law(s) to allow removal  costs
             as shown above to be charged to the owner and to reduce
             the holding  time for  confiscated  merchandise from  3
             months to 1 month.


   Suspension of Permits

   Most  permitted vendors  operate within  the guidelines  and show
   good cooperation, however, occasionally problems arise.  The most
   common complaints concern:  the sale  of unapproved  merchandise,
   relocation of  vending kiosks after hours  and additional display
   areas or extra furniture or other objects around the site.  These
   problems are  currently dealt with by  requesting cooperation and
   issuing warn-ings.  This  often results in compliance, especially
   during  working hours, however, it  can be less  effective in the
   evenings and on weekends.

   The by-law allows for a  process of suspension for up to  30 days
   and report  to Council.    To date  staff have  managed to  avoid
   taking  this   action  which  is  seen  as  cumbersome  and  time
   consuming.

   Solution: Suspend, for cause, vending permits for up to  10 days.
             This  action  could be  taken  on  a  sliding scale,  a
             warning  or 1 day suspension for a minor offense and up
             to 10  days for repeated  serious infractions.   If the
             situation still cannot be resolved, the permit could be
             cancelled for  cause.  The vendor would  have the right
             to appeal this decision to Council.


   Special Event Vending

   Special Event Vending is currently handled in one of two ways:

   a)   Large events, such as  Symphony of Fire and the  PNE parade,
        may  be issued a Public  Street Market License  (PSML).  The
        approval for this license  is given through Council approval
        of  the   special  event  calendar  and  F.E.S.T.  Committee
        approval  of the event details.  This license is issued only
        to  the event  organizer at a  cost of  $280.00 per  day and
        gives the  right to,  and control over,  vending within  the
        defined area.

        The system works well for large events, where organizers can
        recoup their  costs by charging individual vendors  a fee to
        participate in  the event.   However, small  local community
        events often find the $280.00 fee restrictive.

   b)   In cases where  the organizer  does not wish  to purchase  a
        Public  Street Market  License  but is  agreeable to  having

        vendors participate in the event, the City may issue one-day
        Special Event  Permits to interested  vendors at  a cost  of
        $5.00 per day or $50.00 per year.

        There has been little demand for this  type of permit in the
        last  few years (only  one annual  Special Event  permit was
        issued in 1994).   Most event organizers prefer to  obtain a
        Public Street Market License  or to have no vending  at all.
        In cases where these  permits are issued, the $5.00  per day
        or $50.00 per  year fee  does not  cover administration  and
        enforcement costs.

   Solution: Create a "Special Event  Market Permit" (SEMP) with the
             City  Engineer as  the issuing  authority.   This would
             streamline the process, reduce administration and bring
             all types  of street  vending under the  street vending
             by-law.

             The "Public Street Market  License" could remain  under
             the license by-law to accommodate other types of market
             situations  administered  by  the  Permits  &  Licenses
             Department.

             A  fee structure  of  $75.00 per  block  per day  to  a
             maximum of $300.00 per day is recommended.  This  would
             take into account the  wide variety in scale of  events
             held in  the city and  make the opportunity  to include
             vending more accessible to small community events.

             Where  individual  daily  special  event   permits  are
             issued,  a fee  of $25.00  per day  would  more closely
             reflect the administration costs involved (examples are
             charity fund raisers and block parties).

             It is recommended that the annual special events permit
             be eliminated.  There is only one vendor (a balloon and
             novelty vendor) that holds this permit  and he could be
             allowed to renew.


   Liaison with the Business Community and
   the Vancouver Vending Association      

   City  staff meet  regularly with  the various business  groups to
   discuss their  concerns, including  the  street vending  program.
   This includes  the Downtown Vancouver, Gastown  and Robson Street
   BIAs among  others.  The  Vancouver Vending Association  (VVA) is
   contacted  whenever  changes are  considered.    The dialogue  is
   valuable and from  it we have resolved  problems.  An example  is
   the changes to vending in Gastown that have been well received by
   this area.


   In  the Robson  Street and  Downtown areas  there are  still some
   problems regarding illegal vending.  Both the RSBIA and the DVBIA
   support the recommendations.

   This report was  discussed with various members of the VVA.  They
   recognize  the   need  for  proper  enforcement   to  ensure  the
   guidelines and vending program work successfully.

   Staff will continue to  meet with business organizations and  the
   VVA  on an  ongoing basis to  ensure the program  is operating as
   intended.    This  will   include  review  through  the  F.E.S.T.
   Committee for larger  special events.   The changes  made to  the
   vending program in Gastown in 1993 were the result of a series of

   meetings between staff, the Gastown Business Improvement  Society
   and the VVA.  More recently, discussions were held with the DVBIA
   and the RSBIA regarding suggested enforcement procedures, some of
   which are discussed in this report.   This process works well and
   therefore no other changes are recommended.



                              *    *    *    *    *
                                                           APPENDIX I 
                                                                        Page 1 of 2


                                    CITY OF VANCOUVER
                      STREET VENDING APPLICATION/APPROVAL PROCEDURE


     1)    Renewal applications and fees  must be submitted in person  before 12:00
           noon on the last business day of January.  No  renewal applications will
           be considered if the applications do not conform with these regulations.


     2)    Locations that have not been renewed  will be posted for public view and
           application  on the  second Monday  in February.   Applications  will be
           accepted until 5:30  p.m. on the  last business day  in February at  the
           Parking and Street Activities Branch on the 7th Floor of City Hall.


     3)    Each  applicant may  apply  for  a  maximum  of  3  locations  including
           renewals, only one of which may be in Gastown.


     4)    The applicant must submit in  person a completed application form and  a
           $50.00  non-refundable  application  fee   for  each  location.    Faxed
           applications will not be  accepted, nor will applications by  any person
           other than the named applicant.


     5)    The City  Engineer  permits food  products,  approved by  the  Vancouver
           Health Department, and handcrafted  products to be sold.   Artists, face
           painters, balloon  sculptors, basket weavers  and palm readers  are also
           permitted.  It is the applicant's responsibility to ensure their product
           is approvable prior to application.


     6)    It  is  the applicant's  responsibility to  ensure that  the location(s)
           applied for are not within 60m (200') of the entrance to a fixed address
           business selling a similar product.   A fixed address business means any
           business  which is not a street vendor.   This regulation does not apply
           to  special  event  vending  or  special  event  vendors  (e.g.,  street
           markets).


     7)    Locations with only 1 applicant will be awarded early in March, provided
           all conditions in the Street Vending Guidelines have been met.


     8)    Locations which have  more than one applicant will be awarded by lottery
           selection on  the 3rd  Monday in  March.  Applicants  may be  present to
           witness the draw  and all applicants will  be notified of the  resulting
           status of their application(s).                              Appendix I 
                                                                        Page 2 of 2



     9)    Applicants  selected will be considered for approval of location and the

           product.


     10)   Kiosks must be  constructed with  the consultation and  approval of  the
           Engineering Department and, where appropriate, the Health Department.


     11)   The  applicant must  obtain  insurance in  accordance  with the  "Street
           Vending Insurance Information" handout.


     12)   If food is  to be  sold a health  permit must be  obtained.  The  health
           permit  must be obtained by the applicant before a street vending permit
           will be issued.


     13)   The applicant must  pay the balance of the permit  fee before the permit
           will be issued.


     14)   The applicant must attend in person, show valid photo identification and
           pick up the street vending permit.


           Street Vending Permit Fees:

                                 Application Fee           Balance

           Dry Goods             $50               +       $400        =     $450
           Food                  $50               +       $550        =     $600




                                    *   *   *   *   *





     JANUARY 1995     
                                                                        APPENDIX II
                                                                        Page 1 of 1



                        SPECIAL EVENT MARKET PERMITS - GUIDELINES



          The City Engineer will determine requirements for each application.


          These include but are not limited to:

                 ˜  area to be controlled

                 ˜  number of vendors permitted

                 ˜  location of vendors

                 ˜  amount of sidewalk to be maintained

                 ˜  identification for vendors

                 ˜  appropriate insurance

                 ˜  appropriate health permits for food vendors.



                                    *   *   *   *   *


                                                                       APPENDIX III
                                                                        Page 1 of 1



                    GUIDELINES FOR INDIVIDUAL SPECIAL EVENTS PERMITS


     A limited number of permits will be issued when:

           ˜  No Special Event market permit has been issued.

           ˜  The event has been approved and considered appropriate for vending by
              the FEST Committee or Special Events Coordinator in consultation with
              the event organizer.

           ˜  Food vendors hold a valid Health Services permit.

           ˜  The  vendor  or event  organizer  shows proof  of adequate  liability
              insurance to the satisfaction of the Director of Risk Management.


     The number  of permits issued  will be  determined by the  Special Events  Co-
     ordinator based  on the size and  nature of the event,  pedestrian volumes and
     physical constraints of the area.



                                    *   *   *   *   *









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