Bylaw inspectors stem errant flowers
Esplanade bars told to keep plants within patios
At least one person in Toronto hates flowers — and loves bylaws.
A bylaw officer swung by The Esplanade several days ago to tell restaurants to get their flowers off city property or face a fine — and even lose their liquor licence.
The Bier Markt was the first restaurant on the strip to drape flowers over its patio railing this season. Flowerpots hung on the outside of the small fence, yellow tulips brightening the sidewalk.
But someone complained. The flower- pots were actually hanging over city property, and technically that’s a no-no.
“We’ve been hanging flowers that way for years,” said manager Richard Beyak. “We’ve never had a problem.”
The bylaw officer also told Beyak the patio umbrellas couldn’t extend over the railing and sandwich signs — those advertising food and drink specials — couldn’t be placed on the sidewalk.
“So we complied right away. We can’t lose our liquor licence,” Beyak said. “We wouldn’t survive without it.”
“Wow” was Councillor Paula Fletcher’s reaction when she heard about the threat of losing the liquor licence.
“A petunia took them down,” Fletcher said, amid laughs. “A wee bit of begonias will get you every time.” In all seriousness, the councillor said, the city could have handled the issue better by involving the local business improvement association rather than dispatching a bylaw officer. “But at least they didn’t get charged,” Fletcher said. Naomi Kempkes, a manager at Fionn MacCool’s, another restaurant on The Esplanade strip, said the crackdown will hurt business. “We haven’t put up our flowers yet,” Kempkes said. “But now, by draping them inside the fence, we’ve lost space on our patio. Now we have fewer tables, which means less business.” Ken Yee, manager of the nearby Scotland Yard bar-restaurant, laughed when he spoke about the bylaw violation. “It’s ridiculous,” Yee said. “They have a right to enforce the laws, but they can spend city dollars in a better way than policing flowers.” Joe Magalhaes, a supervisor with the city’s Municipal Licensing and Standards Division, said there is no set fine for such violations. But a business, if convicted, could pay up to $5,000.
When businesses with a liquor licence violate any city bylaw, the Alcohol and Gaming Commission of Ontario is notified. Then it’s up to the commission to follow up.
“I don’t think you should lose your liquor licence for having a few errant flowers,” Fletcher said. “It’s a bit . . . strong.”
The restaurants said they will continue to beautify the street.
“(Flowers) really add to the atmosphere. I mean, who doesn’t like a nice-looking patio?” RICHARD BEYAK BIER MARKT MANAGER
“Well, I’ve already paid $400 for the flowers, and they really add to the atmosphere,” Beyak said. “I mean, who doesn’t like a nicelooking patio?”
Magalhaes said bylaw officers will check out other parts of the city to ensure flowers — and other items — are all in order.
“I just have one question,” Kempkes said. “Who would complain about flowers?”