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. * * * * * 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. * * * * * 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. * * * * *