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HomeMy WebLinkAboutCLD-005-06 Addendum Unfinished Business CJg[Jygron REPORT CLERK'S DEPARTMENT Meeting: General Purpose and Administration Committee Date: May 8, 2006 Report #: Addendum Report to CLD-005-06 File #: By-law #: 6PA - ,9-nL-7J6 Subject: Hours of Operation For Gasoline Stations RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Addendum to Report CLD-005-06 and Report CLD-005-06 be received for information. Reviewed bY:O ~ ~0lc Franklin Wu, Chief Administrative Officer PLB*LDC* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 ADDENDUM TO REPORT NO.: CLD-005-06 PAGE 2of3 BACKGROUND At the regular meeting of the General Purpose and Administration Committee held on March 6, 2006 the Committee considered Report CLD-005-06 regarding hours of operation of gasoline stations and referred the matter back to staff for further consideration. For information purposes, a copy of Report CLD-005-06 is attached hereto as Attachment NO.1. ANAL YSIS At present there are 25 gasoline stations currently operating in Clarington. Of the 25 stations, 12 stations are located near residential areas and 11 stations operate on a 24 hour basis. Like the proposed redevelopment of the Seaver gasoline station at 114 Liberty Street South, Sowmanville, 8 of the 24-hour station properties directly abut residential areas. Currently, the Seaver gasoline station does not operate on a 24-hour a day basis. Currently, there are no restrictions on hours of operation; any of the 25 gasoline stations could decide to open for 24-hour service. Concern was raised over the conversion of the Seaver gasoline station at 114 Liberty Street South to 24-hour operation as a result of its proposed redevelopment as a Shell Canada station. Under the Municipal Act, 2001 the Municipality has a very limited power to require the closure of retail business establishments for part of any day. Section 148 of the Municipal Act, 2001 states, '~ local municipality may require that retail business establishments be closed to the public on all or any days of the week during any time between 6 p.m. of any day and 5 a.m. of the next day." Section 148 would permit the Municipality to restrict the hours of operation of all retail business establishments in the Municipality, including gasoline service stations. However, it does not permit the required closure of only certain types of retail business establishments such as gasoline stations for part of a day. The Municipality's solicitor advises that it is not possible in law under Section 148 of the Municipal Act, 2001 to control the hours of operation only of gasoline stations and not at the same time control the hours of all retail business establishments in the Municipality on the same basis. It appears to be neither desirable nor feasible to require all retail business establishments in the Municipality to close between 6:00 pm of every day and 5:00 am of the next day throughout each week or part of a week. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 ADDENDUM TO REPORT NO.: CLD-005-06 PAGE 3 of 3 Additionally, the solicitor advises that even if the Municipal Act, 2001 permitted the Municipality to pass by-laws to control the hours of operation of gasoline stations, it would not be possible in law to require that only one station be closed for part of each day without specific statutory authority to do so. Such specific statutory authority to discriminate in this way is not provided in the Municipal Act, 2001. Consequently, it would not be possible to control the hours of opening of only one of the 25 gasoline stations in the Municipality. ATTACHMENT #1 CLD-005-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 Attachment #1 Cl~n REPORT CLERK'S DEPARTMENT Meeting: General Purpose and Administration Committee Date: March 6, 2006 Report #: CLD-005-06 File #: By-ljl\V #: f'J f-/ (i - I~ tp- () b Subject: Hours of Operation For Gas Stations RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-005-06 be received for information. Submitted by: "-., R. db ~ \ ~_~--C~ eVlewe y: ~ . Franklin Wu, Chief Administrative Officer PLS*LDC* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-005-06 PAGE 2 of4 BACKGROUND At the regular meeting held on October 17, 2005, Committee considered Planning Report PSD-122-05 for a rezoning of land located at 114 Liberty Street South in Bowmanville. The property is owned by Shell Canada and operated as a Beaver gas station. It is Shell Canada's intention to clear and rebuild the existing site and operate on a 24 hour basis. At the meeting staff were directed to "examine the feasibility of hours of operations." A Community Meeting was subsequently called by the Planning Department to address neighbourhood concerns over the rezoning application. During the Community Meeting there was much discussion concerning the possible 24 hour operation of the new gas station. Shell Canada's representatives were clear that the company's intention is to move all their facilities to 24 hour operation. ANALYSIS There are 24 gas stations currently operating in Clarington. Of these, 12 stations are located adjacent to residential areas and 10 of the 24 are operating on a 24-hour basis. Like the Beaver gas station, 5 of these 24-hour stations are located directly adjacent to residential areas. A sixth station, currently under reconstruction at the corner of Highway 2 and Darlington Boulevard, is believed to be preparing to operate on a 24 hour basis but that has not been confirmed. For Council's reference, a table showing the location and hours of operation of the currently operating stations has been attached hereto. OPTIONS The Municipal Act allows the local municipality to control hours of operation in two ways. Section 148 states, '~ local municipality may require that retail business establishments be closed to the public on all or any days of the week during any time between 6 p.m. of any day and 5 a.m. of the next day." Staff have conferred with the solicitor and he has confirmed that there is no provision in this section to allow any business within the class to be grandfathered or excluded from the regulation of the hours of operation. If it is Council's wish to restrict the hours of operation, the by-law would impact all the current 24 hour operations within the Municipality, with the only possible exception being the Esso station because it is located on Highway 401. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-005-06 PAGE 3of4 The second option to control or regulate hours of operation is through section 150 of the Municipal Act. This is the trade licencing section of the Act which states that a local municipality may, "license, regulate and govern any business wholly or partly carried on within the municipality even if the business is being carried on from a location outside the municipality. " The licencing power is limited; the municipality must justify its reasons for licencing a particular class or group of businesses. The only criteria to be considered are: 1. Health and safety. 2. Nuisance control. 3. Consumer protection. If the reason for licencing a group of class of business does not fall into one of these three categories, the by-law would be illegal. There are no issues of health and safety involved in this matter, nor do staff contemplate a need for inspections related to health and safety at this time. There are no consumer protection issues that licencing would be able to address. This leaves only the category of nuisance control. Although there were a number of concerns raised over noise and nuisance at the community meeting, there is no proof of an existing problem for staff to rely on in making a determination to licence under this category. In the last fifteen years staff have received only four nuisance related calls involving gas stations. These were for a misdirected flood light in the yard, a watchdog barking in the rear of a closed station and two for the delivery of fuel overnight (both of these involved facilities which were closed at the time of delivery). Shell Canada has indicated that they will restrict the hours of fuel delivery to daytime hours only. CONCLUSION In researching this subject staff were able to find other municipalities which had regulated gas station hours of operation under the preceeding Municipal Act, before the requirement existed for justification of the by-law. These by-laws would have expired shortly after the current Municipal Act came into force. We have been unable to find any municipalities who have continued to regulate gas station hours of operation since the current Act came into effect in 2001. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-005-06 PAGE 4 of 4 The Municipal Solicitor has confirmed that the Municipality cannot impose licencing criteria on the basis of a potential or perceived problem. If the station does rebuild and open as a 24-hour operation, staff will monitor the situation. If a significant problem develops that can be attributed to the extended hours of operation, then the Municipality may move to impose a licencing program to address those issues. This would require licencing of all gas stations within Clarington. ATTACHMENT 1 GAS STATION SURVEY CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 co o .;, o o 6 -J U t 8. 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