HomeMy WebLinkAboutFCS-11-092 - Delegation of Authority - LicensingREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
May 2, 2011
SUBMITTED BY: R. Gosse, Director of Legislated Services/city Clerk, 2809
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: All
DATE OF REPORT: April 18, 2011
REPORT NO.:
FCS-11-092
SUBJECT:
Delegation of Authority
RECOMMENDATION:
That the approval authority for all business licences required on City property be
delegated to the Manager of Licensing and Policy Number I-925 (Not for Profit
Refreshment Stands) be repealed; and
That liquor licensing approvals such as “Community Festivals” be delegated to the
Manager of Licensing and further;
That Chapter 586 (Refreshment Vehicles) be amended to allow the Manager of Licensing
to issue a stationary refreshment vehicle licence if within the 200 metre distance
separation provided no objections have been received and further;
That Policy Number I-865 (Lottery Application Approval) be repealed and further;
That the Manager of Licensing be delegated authority to approve short-term
encroachments allowing the use of City property in connection with a business and to
execute agreements therefore, provided such agreements are satisfactory to the City
Solicitor.
BACKGROUND:
The Municipal Act grants municipal councils authority to delegate municipal powers and duties
under this Act that are considered minor in nature to an employee of the municipality.
According to the Act the issuance of business licences is considered to be minor in nature.
The Act further allows a delegation to be revoked at anytime without notice unless the
delegation by-law specifically limits the municipality’s power to revoke the delegation.
REPORT:
Staff have recently been reviewing policies and procedures with regard to business licensing.
The goal of the review was to provide a more efficient process for the issuance of several
different types of licences and to provide a process that is also more customer service oriented.
As part of that review, Licensing staff undertook an analysis of the number of reports that have
been presented to Council since 2008. Since 2008 there have been 164 reports presented to
ë ó ï
Council. Of those reports 120 were consent items; 53 for events on City property; 33 reports for
events on private property that required a business license or a designation for the sale of
liquor; and 34 reports for Liquor Licensing Review Applications, Civic Celebrations or Lottery
Licensing approvals. Of the reports indicated there are approximately 39 consent reports that
would continue to require Council approval because of Provincial regulations or by-law
regulations regardless if delegation of authority were granted.
It has been determined there are 5 areas where delegating authority to staff would be of benefit
to customers, Council and staff by saving customers a great deal of time as the licensing
process would be less cumbersome.
Events on City Property
Section 584.2.4 of Chapter 584 (Refreshment Places) requires that any person who owns or
operates a place of refreshment must obtain a licence from the City. A place of refreshment is
any place where food or drink is consumed by people and includes a restaurant, refreshment
booth and refreshment stand. A person can be an individual or an organization.
As per Council Policy I-925 any application received by Licensing staff requesting a refreshment
stand on City property such as Victoria Park, Civic Square, the Rotunda and various community
centres must be referred to Council. These events include large for profit festivals such as
Ribfest, and Kitchener Blues Festival to smaller non-profit events such as neighbourhood
festivals and summer fun days at community centres.
An applicant for a licence on City property provides a letter to the Manager of Licensing
requesting permission of Council to hold the event. A report is then presented to Council by the
Manager. Once Council approves the event a licence can then be issued. The process can
take a number of weeks depending upon when Council meets and hinder the organization’s
planning process. Greater flexibility could be provided to an organization if staff were able to
approve these events for licensing purposes.
Since 2008, 53 reports were presented to City Council for events held on City property. In every
case Council approved the requests with little or no discussion.
If Council delegates this authority, Council Policy I-925 is no longer required.
Community Festivals as defined in the Liquor Licensing Act
A “Community Festival” as defined in the Liquor Licensing Act is an event that is conducted by a
registered charity or non-profit corporation, or association, organized to promote charitable,
educational, religious or community objects. A “Community Festival” designation to an
organization allows them to obtain a liquor licence for their event at a much reduced rate.
In 2010 there were 6 designated “Community Festivals” on private property and 13 on public
property. These events included cultural celebrations such as Greek Food Festival, and Holy
Spirit Festival as well as events such as K-W Multicultural Festival and Tri-Pride Day. Currently,
an organization is required to provide the Manager of Licensing with a letter requesting their
event be designated as a Community Festival. The Manager presents a report to City Council
requesting the event be designated as a “Community Festival”.
In discussions with the Alcohol and Gaming Commission (AGCO) they had no concerns with
this type of event being delegated to a staff member. The Manager of Licensing currently deals
with most enquiries regarding liquor licensing.
ë ó î
Refreshment Vehicles within 200 metre distance separation
Section 586.2.11 of Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal
Code requires that a stationary refreshment vehicle such as a hot dog cart or chip wagon on
private property must not be located within 200 metres of any Place of Refreshment or within
400 metres of another licensed stationary refreshment vehicle. If an applicant wishes to locate
within the distance separation, the Manager of Licensing must refuse the application and the
applicant can appeal the decision of the Manager to City Council. Council Policy requires that
the Manager is required to inform all affected businesses within the distance separation and
request that they inform the Manager if they have any objections to the application. This
information is then forwarded to Council for a decision regarding the appeal.
In the last three years there have been 9 appeals to the Manager’s decision to refuse a licence.
In 7 cases there were no objections registered and Council approved the application. In the
other two cases there were objections registered and the licence was not issued as per
Council’s decision.
It is being recommended that the by-law be amended to allow the Manager of Licensing to issue
a licence if no objections have been received and only refer applications to Council where an
objection has been received.
Lottery Licences
In January of 2009 Council passed Chapter 554 (Lotteries) of the Municipal Act that appointed
the Manager of Licensing as Lottery Licensing Officer. The Manager of Licensing can issue,
renew suspend or revoke a lottery licence. An organization can appeal the decision to Council.
Council Policy I-865 requires that a new organization who wishes to hold lotteries in the City of
Kitchener must obtain Council approval. When an organization applies to hold a lottery in the
City, as per Provincial regulations they must provide documentation to the Lottery Licensing
Officer such as information showing non-profit or charitable status, by-laws and charitable aims
and purposes. Once the Manager has reviewed all pertinent documentation, a recommendation
is forwarded to City Council on whether the organization should be approved for operating
lottery events in the City. In the past three years there have been four approvals requested.
Council Policy I-865 is no longer required as Chapter 554 allows for the Manager of Licensing to
make all administrative decisions with regards to Lottery Licensing.
Temporary Sidewalk Encroachments
From time to time, especially in the summer months a business may request permission to
encroach on the sidewalk to put a table with product for sale or hold a customer appreciation
barbecue. These requests come up quite suddenly and a Council meeting is not always
imminent. The business is required to sign a Temporary Sidewalk Use Agreement which
requires them to maintain liability insurance acceptable to the City throughout the term of the
Agreement. It is being recommended that the Manager of Licensing be able to approve and
execute the agreements provided they are satisfactory to the City Solicitor.
Other Municipalities
In reviewing the processes and procedures that licensing follows, staff contacted several
municipalities. There was no consistent process regarding the types of licences that had been
given delegated authority. In all cases, the Manager of Licensing or Licensing Officer has the
authority to issue and renew business licences. In Mississauga and Vaughan, the Manager of
ë ó í
Licensing has the authority to issue and renew licences, impose terms and conditions on a
licence and/or revoke a licence.
In Cambridge and London, City Council approves any “Community Festivals”. Other
municipalities have designated that authority to City staff.
In all municipalities surveyed all issues pertaining to lottery licences are dealt with by Licensing
Staff. City Council is not involved in lottery licensing matters except for policy decisions.
Delegating authority for the matters listed in this report will have a positive impact on customer
service. Currently, an organization must have their requests into the Manager several weeks in
advance in order for a report to be written and put on the Council agenda. In the summer
months this is especially difficult as Council does not meet in the month of July. A licence could
be applied for and issued shortly thereafter if Council was not required to approve every event.
Both staff and Council time would be saved as the number of reports being presented to Council
from Licensing would be cut by approximately 50% which would allow staff and Council to deal
with more pressing matters.
The change of process is being recommended to create a more efficient process similar to other
municipalities. At any time, any decision made by the Manager of Licensing can be appealed to
Council.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Efficient & Effective Government – Customer Service
Ensure that services are delivered in an effective and cost efficient manner
Community Priority – Dynamic Downtown
Will allow for special events in the downtown to be approved in a more expedient manner which
may allow more organizations to hold more events in the downtown core.
FINANCIAL IMPLICATIONS:
Although there will be no noticeable financial impact, there will be a significant savings in time
and resources for both Council and staff.
COMMUNITY ENGAGEMENT:
N/A
ACKNOWLEDGED BY: D. Chapman, Deputy CAO and City Treasurer, Finance & Corporate
Services
ë ó ì