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HomeMy WebLinkAboutPD-32-98t THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: TOURIST.GPA REPORT Meeting: General Purpose and Administration Committee File #~b - Date: Monday, March 2, 1998 Res. # ~ P1~ J I a-4 ~ 9 ~ Report #: PD-32-98 File #: PLN 12.9 By-law # Subject: BOWMANVILLE TOURIST DISTRICT FILE NO.: PLN 12.9 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-32-98 be received for information. 1. BACKGROUND 1.1 On September 8, 1997, the General Purpose and Administration Committee passed Resolution GPA-484-97 as follows: "That Staff be directed to investigate and report on having the area from the eastern edge of the Bowmanville Zoo property to the western edge of the B.I.A. area, Scugog Street, declared as a 'Tourist Area' every year from April 30 to September 30; and THAT Staff liaise with Port Hope and Cobourg regarding their process." GPA Resolution GPA-484-97 was subsequently endorsed by Council on September 15, 1997. 2. CONSULTATION WITH OTHER MUNICIPALITIES 2.1 In order to obtain information regarding the establishment of a Tourist District, staff contacted the Towns of Port Hope and Cobourg as requested by Council. 614 REPORT N0. PD-32-98 PAGE 2 In addition, Staff also contacted Scugog Township to determine if a Tourist District had been established within Port Perry. 2.2 All three municipalities indicated that they have not established a Tourist District although there had been some discussion held regarding the establishment of a Tourist District along or near their respective waterfronts as follows: ~ The Town of Port Hope did not advance past the discussion stage with staff. ~ The Town of Cobourg and the Township of Scugog indicated that they found the process of establishing such a Tourist District and the requirements to be too onerous in relation to the advantages gained. 3. RETAIL BUSINESS HOLIDAYS ACT 3.1 The pertinent legislation with respect to Tourist Districts is the Retail Business Holidays Act. It established public holidays within the Province of Ontario currently defined as: • New Years Day • Good Friday • Easter Sunday ~ Victoria Day ~ Canada Day • Labour Day • Thanksgiving Day ~ Christmas Day • any other day declared as a public holiday by the proclamation of the Lieutenant Governor of Ontario. Section 2 of the Act prohibits the admittance of members of the public to a retail business and the sale or offering for sale of any goods contained within on any day declared a public holiday by the Lieutenant Governor of Ontario. 615 REPORT NO. PD-32-98 PAGE 3 3.2 The Act also provides various exceptions to Section 2 for retail businesses such as convenience stores, pharmacies, flower shops or nurseries, gas stations and fruit or vegetable markets. One of the exceptions to Section 2 allows for municipalities to pass a By-law to permit retail business establishments to be open on holidays "for the maintenance or development of tourism." However, it is noted that Council may consider passing such a by-law only on: ~ an application of one or more persons carrying on retail business in the Municipality; or, • an application of an association, whether or not incorporated, representing persons carrying on retail business in the Municipality. It is also noted that such a By-law can only be passed 'rf there is compliance with the Act's tourism criteria, detailed in Section 4 of this report. The Act further states that in passing such a By-law, Council shall take into account the principle that holidays should be maintained as common pause days. 4. TOURISM CRITERIA AND OTHER REGULATORY REQUIREMENTS 4.1 Regulation 711/91 made under the Retail Business Holidays Act sets out the Tourism Criteria that must be met before a Municipality can enact an exempting By-law. The Act allows the exemption to be granted on an individual business basis or an area basis depending upon the specific circumstances of the application. 4.2 Council's direction, through the adoption of Resolution GPA-484-97, would involve investigating an exemption on an area basis. In that regard, the Tourism Criteria allow for exemptions on an area basis provided: 616 REPORT NO. PD-32-98 PAGE 4 • all of the retail business establishments in the area are within two kilometres of a tourist attraction; • the area does not exceed that necessary to encompass all of the retail business establishments for which an exemption is sought; and • at least 25% of the retail business establishments in the area are directly associated with the tourist attraction or rely on tourists visiting the attraction for business on a holiday. 4.3 For the purposes of the Tourism Criteria, a tourist attraction is limited to: s natural attractions or outdoor recreational attractions; • historical attractions; and • cultural, multi- cultural or educational attractions. 4.4 Prior to passing an exempting By-law, Council shall hold a public meeting which shall be advertised in a newspaper of general circulation at least thirty days before the meeting is held. Any person who attends the meeting shall be afforded an opportunity to make representations before Council regarding the proposed By-law. 5. STAFF COMMENTS 5.1 It would appear from a review of the Retail Business Holidays Act and Ontario Regulation 711/91 that the Bowmanville Zoo would qualify as a Tourist Attraction and therefore would be the necessary precursor for establishing a Tourist District on an area basis. Attachment No. 1 to this report details the two kilometre radius from the Bowmanville Zoo. However, it may prove difficult to satisfy the criteria that requires at least 25% of the retail business establishments in the area to be directly associated with the tourist attraction or rely on tourists visiting the attraction for business on a holiday. b17 REPORT NO. PD-32-98 PAGE 5 5.2 Council's Resolution for the consideration of a Tourist District involved a timeframe of April 30 to September 30. Only three public holidays, being Victoria Day, Canada Day and Labour Day, fall within the timeframe. In addition, Section 4(7) of the Retail Business Holidays Act clearly indicates that should the tourism criteria be satisfied, the enactment of an exempting By-law is at the sole discretion of Council and is in no way a mandatory requirement. 5.3 It is staff's opinion that the process may be onerous, the criteria difficult to meet and the benefits gained very limited. If, however, Council wishes to pursue this course of action, it would be appropriate to instruct the Clerk to take the necessary actions. 5.4 This report has been reviewed by the Marketing and Tourism Officer who concurs with the comments contained herein. 6. CONCLUSION 6.1 It is respectfully recommended that Report PD-32-98 be received for information. Respecttully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development W. H. Stockwell Chief Administrative Officer WM*DC*FW*cc Attach. February 17,.1998 618 .~~ ~wnm~~~~ w~ 2 KILOMETRE RADIUS FROM BOWMANVILLE ZOO 619 ~/////% BOWMANVILLE ZOO