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HomeMy WebLinkAboutFCS-11-106 - Liquor Licence Review Application - Dos Tequilas RestaurantStaff Re~p~r~ I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent REPORT TO: Committee of the Whole DATE OF MEETING: May 9, 2011 SUBMITTED BY: Liquor Licensing Review Committee PREPARED BY: Patricia Harris, Manager of Licensing, 2854 WARD(S) INVOLVED: 10 DATE OF REPORT: May 2, 2011 REPORT NO.: FCS-11-106 www.kitchenerca SUBJECT: LIQUOR LICENCE REVIEW APPLICATION -DOS TEQUILAS RESTAURANT - 21 WEBER STREET WEST RECOMMENDATION: That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor license for Dos Tequilas Restaurant located at 21 Weber Street West, applied for by Victor S. Hernandez (herein referred to as the "Applicant") and further That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 12:01 a.m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-laws and the Region of Waterloo Smoking By-law; and 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any) 3-1 Staff Re~p~r~ I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent w~+w.kitthenerca BACKGROUND: In accordance with the Council resolution of April 19, 1999, all applicants for liquor licenses in the downtown are to be notified of Council's policy regarding their application and requested to complete an information form. The Liquor License Application Review Committee (LLARC) which is comprised of City staff and a representative of the Downtown Kitchener Business Improvement Area (DKBIA), reviews the information form and makes a recommendation to Council as to whether or not the application is contrary to public interest. REPORT: This report deals with a liquor licence application for a restaurant referred to as Dos Tequilas Restaurant located at 21 Weber Street West. LIQUOR LICENSE APPLICATION REVIEW COMMITTEE (LLARC) COMMENTS: The LLARC reviewed the information supplied by the applicant, together with other information available with respect to each of the eight criteria set out in the resolution passed by Council April 19, 1999. a) The owner's and/or operator's performance record, including by-law violations, building/health code infractions and liquor licence offences. This is the first establishment that the applicant has owned. The applicant has applied for a Class A- Place of Refreshment licence with the City of Kitchener. b) The proximity of the premises to other licensed establishments There are no licensed establishments within close proximity of this establishment. c) The proximity of the premises to other uses such as existing dwelling units There are no residential units located in close proximity to the establishment. 3-2 Staff Re~p~r~ I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent w~+w.kitthenerca d) The size of the premises -occupant load and floor area The establishment is 800 square feet. It is known that a portion of this area applied to the location of tables, kitchen area, washrooms, bar, etc. A sketch of the floor plan, as requested in the City's liquor licence application is attached. The occupant load that was provided indicated 36 persons for the interior and 14 persons on the exterior deck. e) The ratio of liquor sales to gross sales The applicant anticipates the percentage of liquor sales as a percentage of gross sales to be 30%. f) The proportion of the premises dedicated to ancillary entertainment None g) The hours of operation The applicant has indicated that the establishment will be open Monday to Thursday 11 a.m. to 2 p.m. and 4 p.m. to 9 p.m., Friday and Saturday, 11 a.m. to 2 p.m. and 4 p.m. to 12 a.m. and Sunday, 11 a.m. to 2 p.m. and 4 p.m. to 8 p.m. h) Any other comments the Committee considered relevant None ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Community Priority -Dynamic Downtown The Liquor Licence Review Committee is in place to review all establishments that propose to sell liquor in the Downtown Core. This allows Council to then review and provide comments regarding these establishments to the Alcohol and Gaming Commission of Ontario (AGCO) in order to continue to provide a safe and dynamic downtown core. FINANCIAL IMPLICATIONS: None COMMUNITY ENGAGEMENT: Inform - A copy of the report will be provided to the Applicant prior to the Council Committee meeting date. Consult -Property owners immediately adjacent to 21 Weber Street West were verbally consulted by KDBIA and Downtown Development staff - of those consulted, there were no concerns. ACKNOWLEDGED BY: D. Chapman, Deputy CAO & City Treasurer, Finance and Corporate Services 3-3