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HomeMy WebLinkAboutCRPS-10-115 - Request for Sidewalk Patio - Dandy's1 C©rp©rate Services REPORT TO: Mayor and Members of Council DATE OF MEETING: June 28, 2010 SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor PREPARED BY: Jennifer Sheryer, Assistant City Solicitor WARD(S) INVOLVED: 6 DATE OF REPORT: June 22, 2010 REPORT NO.: CRPS-10-115 SUBJECT: REQUEST FOR PERMISSION TO OPERATE DOWNTOWN SIDEWALK PATIO FOR DANDY'S AT 85 KING STREET WEST FOR 2010 SEASON AND/OR FOR CRUISING ON KING STREET EVENT -JULY 9, 2010 RECOMMENDATION: "That, subject to obtaining necessary staff approvals, the Mayor and Clerk be authorized to execute an agreement with the owners/operators of Dandy's Restaurant located at 85 King St. W. allowing the operation of a patio on the sidewalk in front of their premises commencing on July 9, 2010 and ending no later than 2:00 am on July 10, 2010 as part of Cruising on King Street sponsored by the City of Kitchener, provided that no alcohol Is present on the patio" and further, Council's direction is requested on whether the owners/operators of Dandy's Restaurant, 85 King Street West, be permitted to operate an outdoor patio for the 2010 season and, if so, whether alcohol would be permitted on the patio subject to AGCO's approval. REPORT: Dandy's Restaurant has requested an outdoor patio for the Cruising on King Street event scheduled for July 9, 2010 as well as for the remainder of the 2010 season. The business operators wish to serve alcohol on the patio. The request and two different patio plan options (labelled as option A and B) have been circulated to various City divisions and to the Kitchener Business Improvement Area (KBIA) for comment. The ownership of Dandy's Restaurant changed in early 2010. Staff understands that the new owners aspire to improve Dandy's reputation. Licensing staff are not opposed to the operators' request to have a patio with alcohol for the entire 2010 season. The Enforcement Division does not object to Cruising on King Street night patio with alcohol or to anon-alcoholic patio for the 2010 patio season. A patio without alcohol could serve as a good opportunity to monitor the new owners' performance. 9-1 The Downtown and Community Development Division supports the proposed patio layout but does not support the request to operate the patio for the entire 2010 season. In spite of the new ownership, Downtown and Community Development has concerns due to the business's history of complaints, primarily relating to the behaviour of the patrons. Staff from this division believes that it would be better to use the 2010 patio season to observe the new owners' performance within the existing business. These observations would inform a response to a patio request in 2011. Downtown and Community Development staff has no objections to a patio being granted to the business for the night of the Cruising on King event, provided no alcohol is served. KBIA's Executive Director also has concerns with the request. KBIA's Executive Committee of the Board of Directors meets on June 25, 2010. The request will be further discussed by KBIA at this upcoming meeting. CONCLUSION: It is recommended that Dandy's be permitted to operate a patio for the night of the Cruising on King Street event provided that no alcohol is served on the patio and subject to the owners/operators entering an agreement with the City. Council's direction is sought on whether a patio should be granted for the 2010 patio season either with or without alcohol. FINANCIAL IMPLICATIONS: None. ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services and City Solicitor 9-2 o z n n ~ c m ~ ~ ~ .. ~ ~ ~~ r~ ~ o . ~ rt N O O ~. C ~ Q (D X 6 6 (D rt O ~ ~ ~ (D O O- O O ~ ~ ~ ~ ~. ~ Q (D (D ~ (D v n 0 0 0 rt (D G (D Q O 7 rt (D fl) rt O fl1 6 (D 6 (D N (!1 7 Q fll 0 C Q ~ -, i~r ~_.. i i r` ~~ ~ _ li i r' ~~~' w ~,: -~~'' ~ -- ii N ~' r i; - - - iT _. -~ - -` 0 oa 9-3 ~z ~ o N rt ~ ~ (J1 ~ _. ~ 7 Uj _Q ~ fl) .G O ~ rt rt (D ~ O C 0 Q C rt 6 ~. (D Q ~ (D ~ O ~ n a n o c ~ ~ - v~ ~~ -• m ~ ~ r ~ ~ rt (D Ny c G7 ~. n ~o X~ ~~ v~ rt ~ rt ~ ~ O rt O ~ ~ rt _. ~ 7 ~ (1~ 7 Q ~ (D ~ O rt O fl1 n 0 0 fll n 0 c n v a m v v m I G C] 9-4