2 SOBEYS CAPITAL INCORPORATED LOCATED AT 441 CLARK AVENUE WEST RETAIL BUSINESS HOLIDAYS ACT APPLICATION FOR EXEMPTION

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Clause No. 2 in Report No. 13 of Committee of the Whole was adopted, without amendment, by the Council of The Regional Municipality of York at its meeting held on September 11, SOBEYS CAPITAL INCORPORATED
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Clause No. 2 in Report No. 13 of Committee of the Whole was adopted, without amendment, by the Council of The Regional Municipality of York at its meeting held on September 11, SOBEYS CAPITAL INCORPORATED LOCATED AT 441 CLARK AVENUE WEST RETAIL BUSINESS HOLIDAYS ACT APPLICATION FOR EXEMPTION Committee of the Whole held a public meeting on April 3, 2014, pursuant the Retail Business Holidays Act, consider a proposed bylaw permit Sobeys Capital Incorporated located at 441 Clark Avenue West, City of Vaughan, remain open between 8 a.m. and 6 p.m. on Good Friday and Easter Sunday in the year 2014 and any subsequent year in which Passover overlaps with Good Friday and Easter Sunday. Consideration of the report dated March 19, 2014 from the Regional Solicir and Executive Direcr, Corporate and Strategic Planning was deferred by Regional Council at its meeting held on April 17, 2014 until submission of an application from the City of Vaughan for exemption from the Retail Business Holidays Act for all retail businesses within a specific area remain open on Good Friday and Easter Sunday. Following consideration of the City of Vaughan s application, Committee of the Whole considered the application from Sobeys Capital Incorporated located at 441 Clark Avenue West, City of Vaughan, for exemption from the Retail Business Holidays Act, and recommends: 1. Deferral of consideration of the request from Sobeys Capital Incorporated pending the bylaw pertaining the City of Vaughan s application coming in force under the provisions of the Retail Business Holidays Act. Clause No. 2, Report No Committee of the Whole September 11, RECOMMENDATIONS It is recommended that: 1. Council consider the application for exemption from the Retail Business Holidays Act as submitted by Sobeys Capital Incorporated (the Applicant ) for its retail business located at 441 Clark Avenue West. 2. Council determine whether grant an exemption from the Retail Business Holidays Act allow the Applicant remain open on Good Friday and Easter Sunday in the year 2014 and any subsequent year in which Passover overlaps with Good Friday and Easter Sunday. 3. A bylaw be presented Council give effect the exemption, if granted by Council. 2. PURPOSE This report advises Council of an application for exemption from the Retail Business Holidays Act allow the Applicant be open on certain statury holidays. This application is the subject of the public meeting be held on April 3, BACKGROUND The Retail Business Holidays Act requires businesses be closed on certain statury holidays The Retail Business Holidays Act (the Act ) requires businesses be closed on public holidays unless they are exempted. The holidays which the Act applies are: - New Year s Day - Family Day - Good Friday - Easter Sunday - Vicria Day - Canada Day - Labour Day - Thanksgiving Day - Christmas Day Boxing Day and the Civic Holiday in August are not public holidays under this Act and therefore an exemption is not required for those days. Clause No. 2, Report No Committee of the Whole September 11, 2014 The Act sets out statury exemptions for certain types of businesses and also provides that Council may permit businesses remain open for the maintenance or development of urism. A public meeting must be held consider the application. The following application has been received: Business Location Holidays Hours Sobeys Capital Incorporated 441 Clark Ave. West Vaughan Good Friday Easter Sunday 8:00 a.m. 6:00 p.m. In accordance with the Act, notice of a public meeting was advertised in the Vaughan Citizen and the Thornhill Liberal on Thursday February 27, 2013 and was posted on the Region s website. A copy of this application with supporting documentation is appended this report as Attachment 1. Exemption under the Act Businesses are exempt under the Act if the only goods available for sale on the holiday are foodstuffs, bacco, antiques or handicrafts. These businesses shall not exceed three employees and the tal area used for service shall be less than 2,400 square feet. Other businesses which are exempt are businesses selling only gasoline, nursery sck/flowers or fresh fruit and vegetables. The Act does not apply pharmacies as they are governed under the Drug and Pharmacies Regulation Act and the selling of liquor is governed under the Liquor License Act. Council may permit businesses be open on holidays if the urism criteria are met The Act provides that Council may permit retail business establishments open on holidays for the maintenance or development of urism. A bylaw may be passed only if there is compliance with the urism criteria set out in Ontario Regulation 711/91 Tourism Criteria (the Regulation ) under the Act. A copy of the regulation is appended this report as Attachment 2. In addition, even if the urism criteria are met, Council is not required pass the bylaw and may exercise its discretion refuse the application. Clause No. 2, Report No Committee of the Whole September 11, 2014 Section 2 of the Regulation provides that a business can be exempted if: it is located within two kilometres of a urist attraction; and it is directly associated with the urist attraction or relies on urists visiting the attraction for business on a holiday. For the purposes of Section 2, a urist attraction is limited : natural attractions or outdoor recreational attractions; hisrical attractions; and cultural, multi-cultural or educational attractions. 4. ANALYSIS AND OPTIONS The Applicant is a grocery retailer that has been present in the Region for 27 years The Applicant has been present and active in the Region since The Applicant is a supermarket talling 35,000 square feet and has been in operation for 27 years employing 150 persons. The operating hours are currently 7:00 a.m. 10:00 p.m. The Applicant has submitted a corrected application open on the following statury holidays: Good Friday and Easter Sunday in 2014 and any subsequent year in which Passover overlaps with Good Friday and Easter Sunday. The Applicant submitted a request be exempt on Good Friday and Easter Sunday in The Applicant was informed that due the statury requirements of the Act it was not possible receive an exemption be open during Good Friday and Easter Sunday this year. The Applicant s Legal Counsel submitted a correction requesting that the sre be permitted open on Good Friday and Easter Sunday for the year 2014 and any subsequent year in which Passover overlaps with Good Friday and Easter Sunday. The Applicant submits that the sre is the urist attraction within its vicinity The Applicant states that given the renown which the sre has earned within the Jewish Community, throughout Canada and parts of the United States, for offering Kosher products that patrons are unable find anywhere else in Canada, a significant number of Jewish families travel long distances in order attend at the Sre. The Applicant submits that as a result, the sre is a cultural attraction. Clause No. 2, Report No Committee of the Whole September 11, 2014 The Applicant did not identify any other attractions within its vicinity therefore this application relies solely on the Applicant identifying the sre as a cultural attraction. Currently there are no bylaws applicable this business, or any business that is in proximity the Applicant s location and only two exemptions have been granted within the City of Vaughan. A chart showing businesses within the Region which have been granted exemption is appended this report as Attachment 3. Enactment of Bylaw Should Council decide grant the exemption, the bylaw will come in force on the thirty-first day after it is enacted. Under the Act, there is a period allow for an appeal of the bylaw which may be made within thirty days, by any person who objects the exemption. An appeal may only be made if an exemption is granted. There is no provision for an applicant appeal if an exemption has been denied. If there is no appeal, the bylaw takes effect on the thirty-first day after it is passed. It is open Council grant the exemption as requested, or make amendments with respect the application. 5. FINANCIAL IMPLICATIONS There are no direct financial implications the Region as a result of this application. 6. LOCAL MUNICIPAL IMPACT Approval of an exemption under the Act is intended contribute urism in a particular location, in this case in the City of Vaughan. A copy of the application was sent the City of Vaughan, affording an opportunity for comment. 7. CONCLUSION An application has been received from the Sobeys Capital Incorporated requesting an exemption from the Act permit the retail business located at 441 Clark Avenue West remain open on Good Friday and Easter Sunday in 2014 and any subsequent year in which Passover overlaps with Good Friday and Easter Sunday. The Applicant has not demonstrated that the retail business meets the regulary requirements for exemption under the Act. The City of Vaughan has not commented on this application. Council is respectfully requested review this application and determine whether enact an exempting bylaw, with due consideration the criteria set out in the Regulation. Clause No. 2, Report No Committee of the Whole September 11, 2014 If Council elects pass a bylaw, the bylaw will come in effect on May 23, For more information on this report, please contact Anitra Basant Sisavang, Law Clerk at Ext or Doug Lindeblom, Direcr, Economic Strategy and Tourism at Ext Attachments (3) Attachment 1 APPLICATION FOR RETAIL BUSINESS HOLIDAYS ACT EXEMPTION FOR SOBEYS CAPITAL INCORPORATED TO THE REGIONAL MUNICIPALITY OF YORK Administrative Centre Yonge Street Newmarket, Ontario L3Y 6Z1 Sobevs Ontario Viscount Road. Mississau2a. ON L4V 1W2 T sobevs.ca February 19, 2014 HAND DELIVERED The Regional Municipality of York Adm inistrative Centre Y onge Street Newmarket, Ontario L3Y 6Z1 Attention: York Regional Council ( Council ) Re: Retail Business Holidays Act Exemption Application Please find attached the following documents with regard the application of Sobeys Capital Incorporated ( Sobeys ) for an exemption from the Retail Business Holidays Act, RSO 1990, C. R.30 (the Act'j, at its sre located at 441 Clark Avenue West in the City of Vaughan (the Sre ): 1. Letter from lawyer detailing the qualifications for an exemption in accordance with the Act (see below); 2. York Region Application for Exemption Form- Retail Business Holidays Act 3. Sobeys Capital Incorporated Corporate Profile Report; 4. Report and supporting data detailing how the exemption will directly benefit the community in which the business is located; 5. Map of applicant location area and parking facilities; 6. Map of urist attraction in proximity site; 7. Tourist attraction's information, including operating season and hours; 8. Information detailing association with urist attraction and goods and services primarily provided urists; 9. Copy of notice, be issued retail tenants or posted in a highly visible and publicly accessible location, regarding this application. Introduction The Sre has been operating in and serving the diverse needs of those living in the areas surrounding the intersection of Clark Avenue West and Hilda Avenue for approximately twentyseven years. Over its twenty-seven years of service the Sre has developed a renowned reputation within the Greater Toron Area, throughout Ontario, and even in New York state for excellence in serving the specific needs of the Jewish community. The Sre has become known as a one sp location that carries the largest selection of Kosher for Passover foods anywhere in Canada, as can be seen in more detail in the attached report and supporting data. Common Pause Days under the Act The Act provides a framework support the principle that certain days during the year should be set aside as common pause days . Accordingly, section 2(1) of the Act states that: No person carrying on a retail business in a retail business establishment shall, (a) sell or offer for sale any goods or services therein by retail; or (b) admit members of the public there, on a holiday. Included among the common pause holidays recognized under the Act are Good Friday (see subsection 1 (1)(b)), and Easter Sunday (see subsection 1 (1)(h)). In 2014, Good Friday and Easter Sunday fall on April 18 and April 20. In 2014, Jewish Passover begins in the evening of April14 and ends in the evening of April 22. Observant Jewish families are only permitted shop during the four middle days of Passover, being April However, this year April 18 and 20 are holidays during which the Sre would be required close under the Act, and April 19 is a Sabbath day during which observant Jewish families would not shop at the Sre. Therefore, observant Jewish families would be in the difficult position of only being able shop at the Sre during Passover on one day, being Thursday, April17. Accordingly, Sobeys makes this application for an exemption from the Act. Exemptions under the Act Section 4 of the Act allows for Council provide exemptions under the Act. The applicable subsections read as follows: (1) Despite section 2, the council of a municipality may by by-law permit retail business establishments in the municipality be open on holidays for the maintenance or development of urism... (3) A by-law may be passed under subsection (1) only if there is compliance with the urism criteria set out in the regulations made under this section. (4) Subject the regulations made under this section, the council shall consider a bylaw under subsection (1) only on the application of one or more persons carrying on retail business in the municipality... The applicant is a person carrying on retail business in the municipality and believes that an exemption from section 2 of the Act would in this instance be in compliance with the regulary criteria for the maintenance or development of urism in the region. Ontario Regulation 711/91 (the Regulation ) sets out the urism criteria which must be met before a municipality may pass an exempting by-law under section 4 of the Act. Section 2(1) of the Regulation states that A retail business establishment may be exempted if, (a) it is located within two kilometers of a urist attraction; and (b) it is directly associated with the urist attraction or relies on urists visiting the attraction for business on a holiday. Furthermore, the section 3 of the Regulation provides that a urist attraction is limited,...(c) cultural, multi-cultural or educational attractions. The Sre Exemption Sobeys submits that the Sre is a cultural attraction given the renown it has earned within the Jewish community throughout Canada and parts of the United States. As can be seen further in the attached report, Jewish families travel long distances in order attend at the Sre in order purchase kosher products that they are unable find in one sre anywhere else in Canada. While the Sre continues be a cultural attraction throughout the year, the significance of its attraction the Jewish community is at its most significant during the Passover holiday when the Sre's kosher products are most in demand. Therefore, Sobeys believes that as a cultural attraction the sre qualifies as a urist attraction under section 3 of the Regulation. As the Sre is within two kilometers of the urist attraction, is directly related it and would rely on urists visiting the attraction for business during a holiday, Sobeys submits that it also satisfies the criteria under section 2 of the Regulation. Since the criteria under the Regulation are satisfied, Sobeys submits that the Sre should qualify for an exemption under the Act for those holidays in which there is a clear conflict with demonstrated, hisrical traditions related the cultural attraction. In 2014, there exists a conflict between the traditional Jewish practice of shopping for kosher Passover products at the cultural attraction between April and the Good Friday and Easter Sunday holidays scheduled for April 18 and 20. Sobeys therefore believes that it would be appropriate for Council provide an exemption for Good Friday and Easter Sunday in 2014 thereby allowing the Jewish community attend at the Sre shop for Passover products during those days. Conclusion Sobeys submits Council that it would be appropriate provide an exemption under the Act allow the Sre open in 2014 during the Good Friday and Easter Sunday holidays because: (a) Council may by by-law permit retail business establishments in the municipality be open on holidays for the maintenance or development of urism; (b) there is compliance with the urism criteria set out in the Regulation, namely that: (i) (ii) the Sre is a cultural attraction given the number of Jewish families which travel long distances purchase kosher products there especially during the Passover holiday; and the Sre is within two kilometers of the urist attraction, is directly related it and would rely on urists visiting the attraction for business during a holiday; and (c) Sobeys, as the applicant, is a person carrying on retail business in the municipality. Sobeys is grateful Council for its time and attention this matter and would be pleased provide further information at Council's request. Yours v ry truly, / ~..~~ Sobevs Ontario Viscount Road. Mississau 11a. ON L4V 1W sobevs.ca February 21, 2014 VIA The Regional Municipality of York Administrative Centre Yonge Street Newmarket, Ontario L3Y 6Z1 Attention: Anitra Basant Sisavang, Law Clerk Joy Huln, Regional Solicir Re: Retail Business Holidays Act Exemption Application Dear Ms. Basant Sisavang: I am in receipt of your communication John Battista dated February 20, 2014 in which you have requested three clarifications the Retail Business Holidays Act exemption application of Sobeys Capital Incorporated ( Sobeys ). I am pleased provide the following clarifications your questions: Question #1 : Are you requesting that your sre be open on Good Friday and Easter Sunday for the year 2014 only? Clarification #1 : Sobeys requests that the sre be permitted open on Good Friday and Easter Sunday for the year 2014 and any subsequent year in which Passover overlaps with Good Friday and Easter Sunday. Question #2: There are 2 different operating hours listed in Section 3, is it the intention have different hours for Friday and Sunday? Clarification #2: It is Sobeys intention be open Friday and Sunday from 8:00a.m. 6:00 p.m. Question #3: Tab 1: Page 2, last paragraph and page detail that the sre location is a cultural attraction and the application lists the community and Passover holidays are the attraction, please provide clarification on which of these noted 'urist attractions' Sobeys is relying on in the application? Clarification #3: Sobeys submits that given the renown which the sre has earned within the Jewish community throughout Canada and parts of the United States, the number of Jewish families that travel long distances in order attend at the Sre in order purchase kosher products that they are unable find in one sre anywhere else in Canada, the Sre is a cultural attraction. Thank you for your attention this matter and please feel free contact me directly should you require further information. You~Zz_ The Regional Municipality of York APPLICATION FOR EXEMPTION- THE RETAIL BUSINESS HOLIDAYS ACT The retail business applicant named below, ( Applicant ) hereby applies the Council of The Regional Municipality of York for an exempting bylaw pursuant Section 4(1) of the Retail Business Holidays Act, R.S.O ( Act ) and acknowledges that an Exemption fee of $1000 per applicant and advertising fees will apply. SECTION 1: APPLICANT INFORMATION The information in Section 1, 2, 3 and 4a are required properly process your application. Any missing information will result in your application being delayed until the next application deadline. Retail Applicant name: Sobeys Capital Incorporated Location address: 441 Clark Ave West Location telephone number: Primary con
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